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Full-Text Articles in Labor Relations

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner May 2024

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner

Employee Rights and Employment Policy Journal

The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …


Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures - Handout: Nlrb Memorandum Cg Aug 2017

Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures - Handout: Nlrb Memorandum Cg

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures, John Walsh Aug 2017

Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures, John Walsh

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures, Karen Fernbach Aug 2017

Panel: Nlrb 101: A Prima On National Labor Relations Board Procedures, Karen Fernbach

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Yale Decision Final Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Yale Decision Final

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Petitioner's Reply Brief Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Petitioner's Reply Brief

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Petitioner's Brief On Review Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Petitioner's Brief On Review

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia's Reply Brief Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia's Reply Brief

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia's Brief On Review Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia's Brief On Review

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia Nlrb 2016 Decision Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Columbia Nlrb 2016 Decision

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Amicus Brief - Case 02-Rc-143012, Gses Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Amicus Brief - Case 02-Rc-143012, Gses

Journal of Collective Bargaining in the Academy

No abstract provided.


Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Amicus Ace Et Al...Gses Aug 2017

Panel: Graduate Student Employees - Collective Bargaining After The Nlrb's Columbia University Decision (Cle) - Handout: Amicus Ace Et Al...Gses

Journal of Collective Bargaining in the Academy

No abstract provided.


Effects Of Unionization On Graduate Student Employees: Faculty-Student Relations, Academic Freedom, And Pay, Sean Rogers, Adrienne E. Eaton, Paula B. Voos Sep 2015

Effects Of Unionization On Graduate Student Employees: Faculty-Student Relations, Academic Freedom, And Pay, Sean Rogers, Adrienne E. Eaton, Paula B. Voos

Sean Edmund Rogers

In cases involving unionization of graduate student research and teaching assistants at private U.S. universities, the National Labor Relations Board has, at times, denied collective bargaining rights on the presumption that unionization would harm faculty-student relations and academic freedom. Using survey data collected from PhD students in five academic disciplines across eight public U.S. universities, the authors compare represented and non-represented graduate student employees in terms of faculty-student relations, academic freedom, and pay. Unionization does not have the presumed negative effect on student outcomes, and in some cases has a positive effect. Union-represented graduate student employees report higher levels of …


Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz Apr 2013

Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz

Helen LaVan

Labor management relations in the hospitality sector is an important aspect of effective management. Increasingly, unions are becoming proactive in organizing hospitality workers. This manifests itself in strikes, boycotts, picketing, sexual harassment complaints, and complaints to OSHA regarding safety and health workplace violations. This research monitors the current scene with respect to labor management relations and analyzes work issues that have been brought up for third-party resolution by NLRB staff or arbitrators. The study reports on 66 NLRB cases and 104 arbitration cases. Issues brought before the NLRB include mostly contract interpretations. In arbitration, there were mostly discipline issues, including …


The Effectiveness Of Reinstatement As A Public Policy Remedy: The Kohler Case, John Drotning, David Lipsky Mar 2013

The Effectiveness Of Reinstatement As A Public Policy Remedy: The Kohler Case, John Drotning, David Lipsky

David B Lipsky

This article is concerned with two aspects of the NLRB reinstatement remedy as applied in the famous Kohler case: (1) how effective the remedy was, particularly in terms of the number of employees who returned to Kohler under its protection, and (2) what factors, in order of significance, affected a worker's decision to return. The authors find the remedy was effective, since about 40 percent of those workers who received reinstatement offers accepted them. Regression and discriminant analyses of the variables affecting the decision to return confirm the thinking of labor market economists that the most disadvantaged worker (lower paid, …


Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz Feb 2013

Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz

Hospitality Review

Labor management relations in the hospitality sector is an important aspect of effective management. Increasingly, unions are becoming proactive in organizing hospitality workers. This manifests itself in strikes, boycotts, picketing, sexual harassment complaints, and complaints to OSHA regarding safety and health workplace violations. This research monitors the current scene with respect to labor management relations and analyzes work issues that have been brought up for third-party resolution by NLRB staff or arbitrators. The study reports on 66 NLRB cases and 104 arbitration cases. Issues brought before the NLRB include mostly contract interpretations. In arbitration, there were mostly discipline issues, including …


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 Jan 2011

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 …


Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein Sep 2010

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Richard W Hurd

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …


The Evolution Of Strategic And Coordinated Bargaining Campaigns In The 1990s: The Steelworkers’ Experience, Kate Bronfenbrenner, Tom Juravich Aug 2010

The Evolution Of Strategic And Coordinated Bargaining Campaigns In The 1990s: The Steelworkers’ Experience, Kate Bronfenbrenner, Tom Juravich

Kate Bronfenbrenner

"With the refocusing of attention of the labor movement on organizing, an increasing number of scholars have been directing their research toward the nature and practice of current union organizing efforts. These scholars have begun updating a literature that had grown sorely out of touch with the organizing experience of America’s unions and have provided the foundation for a more sophisticated understanding of the organizing process. While we applaud this resurgence in organizing research, there has not been a comparable resurgence in research on collective bargaining…"


The Evolution Of Strategic And Coordinated Bargaining Campaigns In The 1990s: The Steelworkers’ Experience, Kate Bronfenbrenner, Tom Juravich Dec 2008

The Evolution Of Strategic And Coordinated Bargaining Campaigns In The 1990s: The Steelworkers’ Experience, Kate Bronfenbrenner, Tom Juravich

Kate Bronfenbrenner

"With the refocusing of attention of the labor movement on organizing, an increasing number of scholars have been directing their research toward the nature and practice of current union organizing efforts. These scholars have begun updating a literature that had grown sorely out of touch with the organizing experience of America’s unions and have provided the foundation for a more sophisticated understanding of the organizing process. While we applaud this resurgence in organizing research, there has not been a comparable resurgence in research on collective bargaining…"