Labor Relations Commons^™

Union-Free Bargaining Strategies And First Contract Failures, Richard W. Hurd

Richard W Hurd

[Excerpt] The objective of this paper is to investigate what happens during first contract negotiations, especially the unproductive ones that do not result in an agreement. Complete files were reviewed of 54 first contract cases collected by the AFL-CIO Industrial Union Department in 1993. Nineteen of these cases were updated during 1995 with follow-up interviews. Interpretation of the case studies was facilitated by a detailed analysis of 195 responses to a 1994 first contract survey conducted by the AFL-CIO Task Force on Labor Law. The original research was supplemented with a review of recent NLRB decisions on surface bargaining and …

Reviving The American Labor Movement: Institutions And Mobilization, Richard W. Hurd, Ruth Milkman, Lowell Turner

Richard W Hurd

[Excerpt] The reawakening of the American labor movement under new leadership with new strategic orientations is a remarkable chapter in late 20thcentury American economic and political history. Given up for dead by so many at home and abroad, under relentless attack from American employers and with government supports disappearing, the American Federation of Labor and Congress of Industrial Organizations (AFLCIO) and a core of key member unions have re-emerged since the mid-1990s as prominent workplace, community and political actors. With both strategic reorientation and new local mobilization, these unions have fought to reverse decline and re-energize the movement. While the …

Do Mlb Hitters Boost Performance In Their Contract Year?, Heather M. O'Neill

Business and Economics Faculty Publications

This study focuses on 256 MLB free agent hitters playing under the 2006-2011 CBA to determine whether they boost their offensive performance in their contract year. Prior studies’ results are mixed, depending on the econometric technique used and the choice of the offensive performance measure.

Having multiple year observations per player, one can incorporate the unobserved traits of the players (ability, risk aversion, work ethic, etc.) by using Fixed Effects (FE) estimation. Since these unmeasured player traits are likely to be correlated with observed predictors of performance (games played, playoff contention, age, etc.), traditionally used Ordinary Least Squares (OLS) and …

Do Major League Baseball Hitters Engage In Opportunistic Behavior?, Heather M. O'Neill

Business and Economics Faculty Publications

This study focuses on 256 Major League Baseball free agent hitters playing under the 2006–2011 collective bargaining agreement to determine whether players engage in opportunistic behavior in their contract year, i.e., the last year of their current guaranteed contracts. Past studies of professional baseball yield conflicting results depending on the econometric technique applied and choice of performance measure. When testing whether players’ offensive performances increase during their contract year, the omitted variable bias associated with OLS and pooled OLS estimation leads to contrary results compared to fixed effects modeling. Fixed effects regression results suggest players increase their offensive performance subject …

Collective Bargaining In American Higher Education, Ronald G. Ehrenberg, Daniel B. Klaff, Adam T. Kezbom, Matthew P. Nagowski

Ronald G. Ehrenberg

[Excerpt] No discussion of governance in higher education would be complete without a consideration of the role of collective bargaining. Historically, most researchers interested in the subject have directed their attention to the unionization of faculty members. Given several recent decisions by the National Labor Relations Board (NLRB) that leave open the possibility that unionization of faculty in private colleges and universities may increase in the future, we discuss collective bargaining for faculty in the first section (Leatherman 2000, A16). Recently, however, attention has been also directed at the unionization of two other groups in the higher education workforce. Activists …

Telecommunications: Collective Bargaining In An Era Of Industry Reconsolidation, Jeffrey Keefe, Rosemary Batt

Rosemary Batt

[Excerpt] In this paper, we examine the reconsolidation of the industry, between 1995 and 2001, focusing on the merger, acquisition, and business strategies of the major corporate players; union responses to those strategies; and the resulting evolution of union-management relations and collective bargaining outcomes. We argue that the nature of the industry and technology, coupled with its institutional legacy, provides incentives for consolidation and recentralization of the ownership structure. In this process over the last decade, former Bell affiliates have sought union support before regulatory commissions, and the unions have leveraged their political power to make important gains in collective …

‘Closed Borders And Free Market’: Collective Labour Rights Marginalised, Andrea Iossa

Andrea Iossa

No abstract provided.

Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin

Alexander Colvin

[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration agreements on employees. Critics argue that employees are not voluntary participants in the process, which they say unfairly favors employers. Advocates of mandatory arbitration dispute these charges and argue that arbitration offers employees and employers significant advantages over litigation. For example, they argue, among other things, that that litigation is not as accessible as arbitration because lawyers will not take low value employment cases on a contingency basis.

Critics of mandatory employment arbitration have moved the debate into the legislative arena. Bills have been introduced in state legislatures and in …

Participation Versus Procedures In Non-Union Dispute Resolution, Alexander Colvin

Alexander Colvin

This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and …

American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin

Alexander Colvin

This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened, …

The Influence Of Collective Bargaining On Teachers’ Salaries In New York State, David B. Lipsky, John E. Drotning

David B Lipsky

This study tests a model of teacher salary determination with data describing several aspects of all school districts in New York state, outside of New York City. The authors find that collective bargaining is not significant in explaining variations in 1968 teacher salaries among all school districts, but bargaining did have a significant effect among small districts and on the rate of salary change from 1967 to 1968. On the whole, however, the authors conclude that the results of this and other studies show that bargaining has had a surprisingly minor effect on teacher salaries.

Collective Bargaining In American Industry: A Synthesis, Clifford B. Donn, David B. Lipsky

David B Lipsky

The preceding eight chapters deal with the current status of collective bargaining in eight U.S. industries. The differences between collective bargaining for police officers and auto workers or between professional athletes and college professors are obvious and illustrate the richness and variety of contemporary collective bargaining. Despite that diversity, however, the eight industries exhibit important similarities in collective bargaining. The common themes that link most, if not all, of the industries examined in this volume are perhaps less obvious, but a careful reading of the preceding chapters reveals that there have been a number of common factors affecting collective bargaining …

Collective Bargaining As An Institution - A Long View: Discussion, David B. Lipsky

David B Lipsky

[Excerpt] Professor Barbash states that "pluralistic capitalism of the North American and Western European variety provides the most favorable environment for power-based collective bargaining." I would only point out that the economic systems that go under the label "capitalism" differ widely in their characteristics, including the proportion of enterprise that is state-owned. Collective bargaining, after all, had its roots in 19th century capitalism but continues to thrive in the vastly different environment of the modern welfare state. It seems to me that there is nothing necessarily incompatible between collective bargaining and democratic socialism, but that collective bargaining cannot survive under …

The Politics Of The Education Reform Movement: Some Implications For The Future Of Teacher Bargaining, David B. Lipsky

David B Lipsky

[Excerpt] In summary, the ongoing battle over education reform and emerging demographic trends do not bode well for the success of reform efforts in this country and probably mean tougher, if nonetheless more interesting, days at the bargaining table. In recent years taxpayers have been willing to support increased expenditures for public education. But sooner or later taxpayers will want to see results. Both liberal and conservative politicians have been staunch supporters of the school reform movement, but politicians are a notoriously fickle group. To improve the quality of education, we need a sustained effort over an indefinite period of …

The Education Reform Movement And The Realities Of Collective Bargaining, Robert E. Doherty, David B. Lipsky

David B Lipsky

[Excerpt] The response to what many believe to be a serious decline in educational achievement and standards has been, so far, a spate of studies, commissions, and reports, all aiming toward reform of the education system. Most of the recommendations that have been implemented to date have come about through state-level legislation and mandates (Darling-Hammond and Berry, 1988). Education reformers disagree on the role of teacher bargaining in achieving their objectives. One wing of the reform movement believes collective bargaining is an obstacle to change and maintains collective bargaining is one reason the schools are in bad shape. But another …

Collective Bargaining And The Quality Of Work: The Views Of Local Union Activists, Thomas A. Kochan, David B. Lipsky, Lee Dyer

David B Lipsky

[Excerpt] The purpose of the present study was to assess the views of local union officers and activists on these matters. Specifically, the study was designed to answer the following questions: Do local union leaders and members see so-called quality of work issues as equal in importance to the more traditional issues of collective bargaining? Do they tend to agree or disagree on these ratings of importance? Do they see quality of work issues as more integrative; that is, as those on which the goals of management and the union are pretty much the same? Is the collective bargaining process …

Employment And Unemployment Statistics In Collective Bargaining: Discussion, David B. Lipsky

David B Lipsky

[Excerpt] This writer can't see the potential in the establishment survey data that Mills sees —at least, not for collective bargaining purposes. First, the sample can never be made large enough, except at prohibitive cost, to include a sufficient cross-section of unionized firms. Granted, union and management representatives have some interest in what is happening in nonunion firms; but this writer would guess their principal interest is in what is happening in comparable unionized relationships. Second, the establishment survey is a good source of information on average hourly earnings and the like, but it is hard to believe it provides …

Introduction To [Collective Bargaining In American Industry: Contemporary Perspectives And Future Directions], David B. Lipsky, Clifford B. Donn

David B Lipsky

[Excerpt] Of course, collective bargaining in this country has always been an institution rich in diversity. The nature of each collective bargaining relationship came about through a variety of influences both internal and external to the bargaining process. The internal factors include such things as the ideology of labor and management, the way the unions and employers were organized, and the history of the relationship between the parties. The external factors include the state of the economy and the nature of the laws and court decisions that regulate bargaining practices. Nonetheless, this diversity has never been more in evidence than …

Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky

David B Lipsky

[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and the …

The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber

David B Lipsky

In recent years, a significant amount of public and academic attention has been devoted to the unravelling of the so-called 'New Deal' social contract and the emergence of a new social contract between workers and employers in the United States of America (US). In our paper, we will identify the forces of change that undermined the New Deal social contract during the post-World War II era and led to the reformulation of the workplace social contract in the US. It is our thesis that the transformation of the workplace social contract in the US significantly affected the resolution of employment …

Trade Unions And Collective Bargaining: Suggestions For Emerging Democracies In Eastern Europe And The Former Soviet Union, Harry C. Katz, Sarosh Kuruvilla, Lowell Turner

Lowell Turner

This paper provides lessons for industrial relations reform efforts in the new nations emerging from the former Soviet Union and Eastern Bloc. Our purpose is to identify the basic industrial-relations practices that enable the advanced industrial countries to compete in world markets. The paper does not provide a detailed descriptive account of the existing industrial-relations institutions in the formerly communist countries, nor does it assess the likely short-run consequences of the economic restructuring under way across the new nations. Rather, our focus is on the experiences in the advanced economies and the lessons those experiences contain regarding successful industrial-relations practice.

Public Sector Collective Bargaining And The Imperative For Service Delivery: An Overview, Jonathan Brock, David B. Lipsky

David B Lipsky

[Excerpt] When public sector officials and union leaders are willing to enter into cooperative arrangements, the evidence in this volume and elsewhere suggests they usually find that cooperation results in improvements in both the delivery of public services and the quality of work life. Certainly there have been instances when cooperation has failed to produce desirable results, but this volume includes ample testimony to its potential beneficial effects and depicts successful experiences with cooperation at the federal government level, in a number of state governments, in Indianapolis, and elsewhere. Also, we know that in places such as Los Angeles; Phoenix; …

Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we apply negotiation and bargaining theory to the analysis of online dispute resolution. Our principal objective is to develop testable hypotheses based on negotiation theory that can be used in ODR research. We have not conducted the research necessary to test the hypotheses we develop; however, in a later section of the article we suggest a possible methodology for doing so. There is a vast literature on negotiation and bargaining theory. For the purposes of this article, we realized at the outset that we could only use a small part of that literature in developing a …

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit …

Workplace Arbitration In The Current Economic Crisis, David B. Lipsky

David B Lipsky

[Excerpt] In the midst of our economic crisis, arbitrators are facing unprecedented challenges. As the financial implosion has spread from Wall Street to Main Street, we are hearing cases that require us to decide issues the parties never anticipated when their arbitration programs were established. Take labor-management arbitration as an example. Unlike in the past, when labor arbitrators sometimes had to decide whether a layoff complied with the collective bargaining agreement, today they are addressing the repercussions of mass layoffs resulting from plant shutdowns. Similarly, in previous years, labor arbitrators frequently decided cases dealing with alleged infractions of Title VII …

Reviving The American Labor Movement: Institutions And Mobilization, Richard Hurd, Ruth Milkman, Lowell Turner

Lowell Turner

[Excerpt] The reawakening of the American labor movement under new leadership with new strategic orientations is a remarkable chapter in late 20thcentury American economic and political history. Given up for dead by so many at home and abroad, under relentless attack from American employers and with government supports disappearing, the American Federation of Labor and Congress of Industrial Organizations (AFLCIO) and a core of key member unions have re-emerged since the mid-1990s as prominent workplace, community and political actors. With both strategic reorientation and new local mobilization, these unions have fought to reverse decline and re-energize the movement. While the …

The Politics Of The Labor Movement Revitalization: The Need For A Revitalized Perspective, Lucio Baccaro, Kerstin Haman, Lowell Turner

Lowell Turner

[Excerpt] Unions everywhere are struggling. Globalization, with its supporting neo-liberal ideology, encourages employers and governments to push vigorously against the constraints of employment regulation. Unions have to fight to protect past gains, resist decline and find new allies. To some extent, labor is always on the defensive in a capitalist economy, where ownership and economic decision-making lie largely beyond the reach of workers and unions. Yet the competitive pressures of today's increasingly global capitalism accentuate the pressure. Firms have new options and increasing mobility, far beyond those that most workers and unions can claim. One response is common to all …

Level-Of-Aspiration Theory And Initial Stance In Bargaining, Bruce K. Macmurray, Edward J. Lawler

Edward J Lawler

This research focuses on the effect of initial stance in bargaining. Following level-of-aspiration theory, the research examines whether the pattern of early concession making modifies the impact of tough vs. soft initial stance. The experiment manipulated opponent's concession pattern (decreasing, constant, increasing) in the early phase of bargaining within an overall tough or soft initial stance. Results indicated that a decreasing concession pattern within the early bargaining extracted larger initial concessions than a constant or increasing concession pattern. Implications for Siegel and Fouraker's (1960) level-of-aspiration theory are discussed.