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Full-Text Articles in Law
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Karl E. Klare
This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the …
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Lowell Turner
[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …
Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg
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 …
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
Nick Salvatore
[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …
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 …
A War Against Organizing, Kate Bronfenbrenner
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.
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Regulation Of The Work Performance Relationship: Independent Contractors, Labor Subcontractors, And Joint Control Over An Employment-Like Relationship, Marley S. Weiss
Marley S. Weiss
I. Introduction. II. Who is covered and who is excluded from the protective scope of labor law, and the legal consequences for those excluded as independent contractors or owners. III. Benefits and burdens of the “employment relationship” characterization compared to a contract for services. IV. Speculations about solutions to the work relationship problem.
The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss
The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss
Marley S. Weiss
SUMMARY: I. Introduction. II. A Brief History of U.S. Collective Labor Relations Laws. III. The Structure of Labor-Management Relations in The U.S. IV. The Right to Strike. V. Private Sector “Essential Services” Provisions: LMRA National. VI. Conclusion.