Labor Relations Commons^™

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams

Colin C Williams

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

All Faculty Scholarship

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize and bargain collectively …

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

Review Of The Book Labor Relations And The Litigation Explosion, Ronald Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Labor Relations and the Litigation Explosion is a very readable book that is easily accessible to nonspecialists. (The author has presented more technical treatments of the material elsewhere; see Flanagan 1986a, 1986b.) The early chapters begin with a discussion of federal policy towards labor relations in the United States under the National Labor Relations Act, a documentation of the growth of unfair labor practice charges that occurred over the 1950-1980 period and then a demonstration that this growth can be only partially "explained" by the changing industrial and regional distribution of employment in the United States. Quite interestingly, he …

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

All Faculty Scholarship

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over 2,000 …

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg

Ronald G. Ehrenberg

This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed, the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects of policy changes, and the existing empirical estimates of the likely magnitudes …

A War Against Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

[Excerpt] Unless Congress passes serious labor law reform with real penalties, only a small fraction of the workers who seek union representation will succeed. If recent trends continue, there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain. Our country cannot afford to make workers defer their rights and aspirations for union representation any longer.

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …

Union Traditions And Economic Policy In Ri, Chester Smolski

Smolski Texts

"When compared with the rest of the nation, Rhode Island stands out as a highly unionized state. A recent study released by the Department of Labor shows that 108,000 of the 398,000 employed in the state in 1978 were union members. Membership in associations such as the National Education Association and others adds a further 11,000 persons to the list. This total of 119,000 union and association members represents 29.9 percent of total employment on non-agricultural payrolls, ranking Rhode Island 13th in the nation and highest in New England which, as a region, averages 26.6 percent, and the same figure, …