Labor Relations Commons^™

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Bringing Unions Back In: Labour And Left Governments In Latin America, Maria Lorena Cook, Joseph C. Bazler

Maria Lorena Cook

In the 2000s an unprecedented wave of left-party victories in presidential elections swept across Latin America. Although scholars have studied variation among left regimes and how these regimes differ from neoliberal-era predecessors, few have addressed the role of labour unions and labour policy under the Left. We argue that ‘bringing unions back in’ to the analysis of left governments’ performance sharpens distinctions with neoliberal governments and unsettles existing typologies. We review the labour policies of left governments in four countries—Chile, Brazil, Uruguay, and Argentina—to show how a labour lens enriches our understanding of left governments in the region.

‘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 …

The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire

Alexander Colvin

The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …

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, …

China Since Tiananmen: The Labor Movement, Ching Kwan Lee, Eli D. Friedman

Eli D Friedman

[Excerpt] The twenty years since 1989 have brought two major developments in worker activism. First, whereas workers were part of the mass uprising in the Tiananmen movement, albeit as subordinate partners to the students, labor activism since then has been almost entirely confined to the working class. While the ranks of aggrieved workers have proliferated (expanding from workers in the state-owned sector to include migrant workers) and the forms and incidents of labor activism have multiplied, there is hardly any sign of mobilization that transcends class or regional lines. Second, we observe that a long-term decline in worker power at …

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.

A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters

FIU Electronic Theses and Dissertations

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).

Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis …

Labor, Management And The Right To Work In America, Jack D. Ham Jr.

Georgia State Undergraduate Research Conference

No abstract provided.

Introduction To Eugene V. Debs: Citizen And Socialist, Nick Salvatore

Nick Salvatore

[Excerpt] This is a social biography of Eugene Victor Debs. It is a traditional biography in that it emphasizes this one individual's personal and public life as far as the evidence allows. But the book is also a piece of social history that assumes individuals do not stand outside the culture and society they grew in and from. I have stressed each aspect of Debs's story in order to present both the importance of the man and a more complete picture of the political and cultural struggles his society engaged in during his lifetime. Neither in his time nor in …

Introduction To Faith And The Historian: Catholic Perspectives, Nick Salvatore

Nick Salvatore

[Excerpt] What follows are the essays by eight historians touched by Catholicism on the meaning of that experience and its effect on their professional work. The essays are presented in broad chronological order, organized more by generational cohort than by specific date of birth. The essays are reflections, in some cases even meditations, and were never intended to conform to the structure and methodology of the historical article for a professional journal. Still, we have tried to shed some light on the inner processes that create that very work.

Introduction To The Pullman Strike And The Crisis Of The 1890’S, Richard Schneirov, Shelton Stromquist, Nick Salvatore

Nick Salvatore

The strike of Pullman carshop employees and the subsequent boycott that disrupted rail traffic throughout the territory west of Chicago in June-July 1894 marked the culmination of nearly two decades of the most severe and sustained labor conflict in American history. Yet until very recently little new scholarship has focused on the meaning of the Pullman strike and its historical context. By offering a close reading of contemporary perceptions of the strike and by examining the organizational and political continuities and discontinuities the Pullman conflict reveals, these essays resituate the strike in its historical context. They demonstrate that Pullman played …

Deeply Within: Catholicism, Faith And History, Nick Salvatore

Nick Salvatore

[Excerpt] In the decade I spent living with Gene Debs, I thought much about faith's relation to intellect, especially in the political realm. It was not just that a socialist in capitalist America needed faith but rather that Debs's very vision of America's promise was itself a profound act of faith. But with the exception of the last chapter, which I titled, "A Species of Purging," following a phrase in one of Debs's prison letters, overt discussion of any religious sensibility was largely sotto voce, echoes of a private dialogue with myself. Pleased as I was with the book when …

What You Should Know About "Right To Work" Laws, 2013 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

This is a brief 2013 update to the Bureau of Labor Education’s (BLE) 2011 briefing paper, “The Truth about ‘Right to Work’ Laws.” As documented in the 2011 BLE paper, the term “right-to-work” is highly misleading, and many studies have shown that RTW laws are not helpful to the well-being of working people. “Right-to-work” does not protect against unfair firing, or promote equitable wages and decent working conditions. By undermining unions and the ability of labor and management to bargain freely, right-to-work laws weaken the ability of workers to protect their rights through a union contract. There are two major …

Ohio Sb5 And The Attempt To “Yeshiva” Public University Faculty, Mary Ellen Benedict, Louis M. Benedict

Journal of Collective Bargaining in the Academy

In 2011, the introduction of Ohio Senate Bill 5 (SB5) attempted to drastically curtail public sector collective bargaining in Ohio. The bill included a proposed amendment designed by the Inter-University Council of Ohio, an organization of the top administrators of the state universities in Ohio, under the guise of applying the United States Supreme Court’s decision in NLRB v. Yeshiva to faculty at Ohio’s public universities. The avowed intent of the proposed language was to classify all faculty as supervisors or managers and thereby make them ineligible to bargain collectively. After mounting opposition and grass roots efforts, SB5 was ultimately …

Unions, Markets, And Democracy In Latin America, Maria Lorena Cook

Maria Lorena Cook

[Excerpt] In the 1990s scholars of Latin America moved from a concern with democratization to a focus on the implementation of market economic reforms. With this shift, the appreciation of labor unions' value to society was lost. Whereas earlier analyses of democratic transitions recognized organized labor's important role in bringing an end to dictatorships, later studies of market reform viewed labor organizations as either obstacles to be overcome, "losers" to be compensated, or simply irrelevant.

Perhaps more important than scholarship's neglect of labor unions is the neglect that is reflected in policies toward labor in the region. Economic and labor …

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

David B Lipsky

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry. After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration, specifically whether …

Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern

David B Lipsky

The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.

Transnational Business Governance Interaction And Competition Between Standard-Setting Initiatives: Labor Standards In Garment, Toys And Agriculture, Nicole Helmerich, Christopher Kaan

Transnational Business Governance Interactions Working Papers

This paper analyzes interactions within standard-setting networks in the area of social and labor rights. We examine the shape of transnational business governance interactions (TBGI), pathways, and interaction mechanisms in three sectors: garments, toys and agriculture. Our comparative analysis of each of these sectors reveals meaningful differences in both the organization of regulation networks and the resulting level of competition among participants. Overall, we find that the creation of a more inclusive and more coherent standard in a whole business sector comes with the cost of weaker rules and less monitoring. These industry-specific observations provide a springboard for future studies …