Labor Relations Commons^™

Major League Baseball's Antitrust Exemption And The Impact Of The Curt Flood Act, Gina Scalzo

Senior Honors Theses

For many years, professional baseball has enjoyed a privileged antitrust exemption apart from other professional sports. With the passing of the Curt Flood Act in 1998 this exemption was removed; however, the act may not be as influential as it seems. Court rulings were prominent in initiating and maintaining the antitrust exemption for professional baseball. These include the Supreme Court Trilogy, especially the case of Curt Flood, a baseball player who fought against the reserve clause system which limited his and other players’ employment options. Collective bargaining as well as arbitration became dominant in professional baseball labor relations under the …

What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.

Workplace Dignity In A Total Institution: Examining The Experiences Of Foxconn’S Migrant Workforce, Kristen Lucas, Dongjing Kang, Zhou Li

Department of Communication Studies: Faculty Publications

In 2010, a cluster of suicides at the electronics manufacturing giant Foxconn Technology Group sparked worldwide outcry about working conditions at its factories in China. Within a few short months, 14 young migrant workers jumped to their deaths from buildings on the Foxconn campus, an all-encompassing compound where they had worked, eaten, and slept. Even though the language of workplace dignity was invoked in official responses from Foxconn and its business partner Apple, neither of these parties directly examined workers’ dignity in their ensuing audits. Based on our analysis of media accounts of life at Foxconn, we argue that its …

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 …

Responsible Contractors Help Build Thriving Communities, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

What is responsible contractor language, and why is it important? Public construction projects are often costly undertakings. In recent years, municipalities and schools are increasingly using responsible contractor policies to "set certain minimum employment standards" for bidding on construction work. In response to this trend, responsible contractor (RC) language is being developed and used to provide needed reform in the construction contract bidding process. According to a recent study of responsible contractor reforms, the public policy goal of these reforms is to "ensure that all contracts for public works are awarded to reputable, responsible finns that have the qualifications, resources …

The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …

Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

As in years past, unionization levels have continued to vary widely according to demographic and occupational characteristics of the U.S. workforce, as well as geographic region. The unionization level of the total employed U.S. wage and salary workforce is one measure. However, in order to obtain a more balanced perspective, it is also important to consider the specific levels of union membership in both public and private sector areas of employment, which play a significant role in the U.S. economy. Using data compiled and supplied by the U.S. Department of Labor, this briefing paper provides a statistical summary of unionization …

Stretching The Law Ii: The Misclassification Of Employees As Independent Contractors, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The misclassification of many employees as “independent contractors” (ICs) is problematic in a number of industries and employment situations. An earlier paper by the Bureau of Labor Education (BLE) found widespread violations of IC classification in the state’s construction industry. This paper provides a broader context for this issue with a discussion of the legal climate nationally.

Privatization Pitfalls Update, 2008, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Policymakers at the local, state, and federal government levels often struggle to balance the imperatives of providing necessary public services with the constraints of shrinking funds to pay for services such as transportation, prisons, and human services. Among the many possible solutions public entities may consider is the strategy of privatization, defined as “any process that is aimed at shifting functions and responsibilities, in whole or in part, from the government to the private sector through such activities as contracting out or asset sales.” This briefing paper is an update to an earlier publication by the Bureau of Labor Education …

The Disney Strike Of 1941: From The Animators' Perspective, Lisa Johnson

Honors Projects

Identifies and explores the tensions that led to the Disney Strike of 1941. Demonstrates that this Strike exhibited different problems from those typical of strikes during the 1930s and early 1940s, especially regarding intellectual property rights, screen credit, and professional differences over standards of excellence.

Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The classification of independent contractors (ICs) is problematic in a number of industries and employment situations. This paper is intended as a survey of IC issues as they affect the construction industry in Maine. Construction companies have recourse to hourly labor for much of their work requirements, but like many other businesses, they also often employ independent contractors for some parts of their various building contracts. There is considerable evidence that these two job categories are being manipulated by some employers to bypass the legal intent of IC classification. A 2000 report produced for the U.S. Department of Labor found …

Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

A Project Labor Agreement (PLA) is a comprehensive negotiated pre-hire contract for public or private-sector construction projects. A PLA generally includes mutually agreed-to work and wage rules for the duration of the project, including deadlines, wages, costs, production incentives, and hiring. Usually PLAs are between a developer or general contractor, labor unions, subcontractors, workers, and the employer or customer, who may be in the public or private sector.

Labor's Demographics Report For 2001, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

According to the U.S. Department of Labor, in 2000 the actual number of union members in the U.S. declined by 219,000 from the previous year. The percentage of U.S. wage and salary workers who were unionized dropped from 13.9 percent in 1999 to 13.5 percent in 2000. In comparison, during 1999 the number of union members increased by 266,000. Historically, this increase comprised the largest annual growth in union membership in twenty years. Not since 1979, did a larger increase occur with workers joining unions.2 The decrease in the number and percent of union members in 2000 reflects the continued …

The Minimum Wage: Issues To Consider, 1999 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The current minimum wage of $5.15 is clearly inadequate to support any family — only a oneperson household can stay above the federal poverty guidelines on a full-time minimum wage job. The minimum wage will continue to decline in its real value, putting individuals, families and especially children at growing risk of poverty. This economic hardship is heightened by the fact that many of the new jobs being created in the U.S. economy are low-wage service jobs, often without benefits. With a growing consensus that a minimum wage increase is not likely to harm employment, there is overwhelming evidence that …

Agreement On Appropriate Bargaining Unit, Samuel J. D'Amico

General University of Maine Publications

No abstract provided.

Your Ticket To The Information Highway, Andrée Rathemacher

Technical Services Faculty Presentations

Thank you letter and program evaluations for a workshop, "Your Ticket to the Information Highway," sponsored by the Institute for Labor Studies and Research (ILSR). The workshop was held on November 15, 1996 in Providence, Rhode Island.

The purpose of the three-hour workshop was to “provide a basic understanding of the Internet, demonstrate labor-related sites, and give [participants] hands-on experience ‘surfing the Net.’” The workshop was one of a series of three intended to help participants become more effective union leaders. It received unanimously positive evaluations from the ten participants.

Labor Should Join Right Now, Chester Smolski

Smolski Texts

"RIght Now is a coalition of business, religious and community leaders trying to bring changes to the political structure of Rhode Island. This is good, but the most disquieting note of this announcement is the absence of labor leaders from its membership."

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, …

Competition For Jobs, Chester Smolski

Smolski Texts

"Where will the jobs be in the 1980s? Where are the best areas for potential economic growth in the next decade? What urban centers and states will be magnets to draw fellow Americans because of the promise of a better life? Based on a recent study, Chase Econometrics, a subsidiary of Chase Manhattan Bank, has forecast what it believes to be the answers to some of these questions."