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Full-Text Articles in Labor Relations
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos
David B Lipsky
For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University; …
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne Eaton, Thomas Kochan, David Lipsky, Daniel Mitchell, Paula Voos
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne Eaton, Thomas Kochan, David Lipsky, Daniel Mitchell, Paula Voos
David Lewin
For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University; …
Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin
Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin
Alexander Colvin
The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to inspire the …
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Alexander Colvin
[Excerpt] Arguably the leading issue for current labor law research is whether the existing system of law based on the Wagner Act model can continue to be relevant and appropriate for the contemporary workplace. Changes in the environment of work during the over half-century since this model was developed have brought pressures for re-evaluation and adaptation of key elements of its structure. Criticism of this system has focused on a number of areas, including: the reliance on the formal grievance procedure and arbitration; the separation of the realms of collective bargaining and business decision making; the limitations on employee participation …
From Supreme Court To Shopfloor: Mandatory Arbitration And The Reconfiguration Of Workplace Dispute Resolution, Alexander Colvin
From Supreme Court To Shopfloor: Mandatory Arbitration And The Reconfiguration Of Workplace Dispute Resolution, Alexander Colvin
Alexander Colvin
[Excerpt] In a series of court battles during the 1990s, employers successfully defended the use of mandatory employment arbitration against challenges that the procedures inherently undermined the statutory rights of employees. Efforts to introduce legislation in Congress aimed at reversing the Gilmer decision were unsuccessful. In 2001, the Supreme Court reaffirmed its acceptance of mandatory arbitration to resolve employment disputes in Circuit City Stores, Inc. v. Adams. However, some courts have been willing to strike down arbitration procedures that contain particularly egregious violations of due process. For example, courts have refused to enforce arbitration agreements that restrict employee damage awards, …
Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin
Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin
Alexander Colvin
[Excerpt] There is a contradiction at the heart of dispute resolution in the contemporary workplace. The locus of determination of the terms and conditions of employment, including processes for the resolution of disputes concerning these terms and conditions, has become increasingly decentralized to the organizational level, at the same time that long term attachment of employee careers to these same organizations has been diminishing. The result is a disconnect between the nature of current employment disputes, which increasingly involve issues relating to entry to and exit from relationships with organizations, including questions of the formation and content of employment contracts, …
Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd
Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd
Richard W Hurd
[Excerpt] The ideological foundations of traditional U.S. trade unionism have been called into question by world and domestic events. The post-World War II labor movement, founded on a social truce with capital and the apparent inevitability of a rising living standard, has hit a bulkhead-piercing iceberg of dramatic proportions. The global economy, economic restructuring, deregulation, and privatization have wrought destruction on U.S. unions. In the wake of this devastation, it has become common, even for union leaders, to define unionism in objectively negative terms (e.g., without a union, you have no protection from arbitrary management). As a movement, we have …
Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein
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 …
Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber
Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber
Richard W Hurd
[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion American …
Wege Zur Transformation Gewerkschaftlicher Organisationsstrukturen, Martin Behrens, Richard W. Hurd, Jeremy Waddington
Wege Zur Transformation Gewerkschaftlicher Organisationsstrukturen, Martin Behrens, Richard W. Hurd, Jeremy Waddington
Richard W Hurd
[Excerpt] Bei einer länderübergreifenden Betrachtung erweist sich die Neubelebung der Arbeiterbewegung als ein komplexer Prozess des Wandels, der je nach soziopolitischem und ökonomischem Kontext variiert.Zwar lassen sich zahlreiche, vielfältige Gewerkschaftsstrategien und Ergebnisse beobachten, aber dennoch sind in den meisten der untersuchten Länder (Deutschland, Italien, Spanien, Großbritannien, USA) verschiedene Formen der strukturellen Anpassung, wie Zusammenschlüsse und Übernahmen, sowie eine „Rationalisierung“ der internen Gewerkschaftsstrukturen übliche Elemente der Revitalisierungsbemühungen. Auch wenn viele Ansätze zur Veränderung der Gewerkschaftsstrukturen auf der Strecke blieben, so bleiben doch noch eine Reihe von Fällen bei denen Reformen zu den positive Ergebnissen führten,welche die Arbeitnehmerschaft dringend benötigte.
Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd
Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd
Richard W Hurd
[Excerpt] But the increased effectiveness of labor's political activities has not resulted in major improvements legislatively, and now there is a hostile President who opposes nearly every aspect of the union policy agenda. The promise for the future lies in the demonstrated ability to mobilize at the grassroots. But there are recent signs that national unions are breaking ranks and pursuing narrow self interest. The USWA joined with the steel industry to persuade the Bush administration to restrict imports, and even hinted at a possible endorsement for his reelection in 2004 (Murray). The UMWA has praised the president's energy policy, …