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Full-Text Articles in Law
Union Representation In Employment Arbitration, Ann C. Hodges
Union Representation In Employment Arbitration, Ann C. Hodges
Law Faculty Publications
Employers in recent years have promulgated arbitration programs to resolve disputes with their present and former employees. Arbitration may in many cases provide a lower-cost forum than litigation for resolving such disputes. But the problem of representation of Americans of modest incomes still remains. Ann Hodges explores in this chapter whether labor unions can help address that representation gap.
Constitutional Economics, Luke P. Norris
Constitutional Economics, Luke P. Norris
Law Faculty Publications
This Article argues that the conventional narrative about the decline of Lochnerism and the rise of mid-century substantive due process jurisprudence is incomplete. That narrative focuses initially on how the premises underlying Lochner’s conception of economic freedom were rejected. The Article instead focuses on how the labor movement articulated an alternative conception of freedom that was adopted by Congress, the Executive, and the Supreme Court. While Lochnerism was premised on a negative view of freedom, the labor movement articulated a positive view of freedom and analogized it to republican freedom of association in the political sphere. By reframing the terms …
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges
Law Faculty Publications
This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges
Law Faculty Publications
Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.
Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges
Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges
Law Faculty Publications
The National Labor Relations Board's extension of the Weingarten decision, granting the right to union representation at pre-disciplinary interviews, to the nonunion workplace was recently upheld by the U.S. Court of Appeals for the D.C. Circuit.- Section 7's, protection of concerted activity and the symmetrical protection of union and nonunion employees alike renders the decision sensible and supportable. Nevertheless, closer examination ofthe decision's consequences suggests that the application ofthe Weingarten right in the nonunion workplace results in a distorted reflection ofthe right's application in the unionized workplace. The situations are not mirror images. Thus, some adjustments to the interpretation ofthe …
Employer Prerogative And Employee Rights: The Never-Ending Tug-Of-War, Henry L. Chambers, Jr.
Employer Prerogative And Employee Rights: The Never-Ending Tug-Of-War, Henry L. Chambers, Jr.
Law Faculty Publications
Where there are employees and employers, there will be employment relationships in need of mending. That reality is enough to guarantee that employment law will always be a warm, if not hot, area of the law. The article and notes on employment law in this issue demonstrate that the development of employment law continues apace.
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …
The Polygraph In The Workplace, David E. Nagle
The Polygraph In The Workplace, David E. Nagle
University of Richmond Law Review
The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.
Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak
Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak
University of Richmond Law Review
In order to appreciate the problems and challenges presented by public employee collective bargaining, one should first consider the tremendous growth of the public sector in recent decades. In 1946, there were approximately six million persons employed at all levels of government. By 1974, the total stood at nearly fifteen million. The number of state and local government employees rose from about three and one-half million in 1946, to over eleven and one-half million in 1974.
National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit
National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit
University of Richmond Law Review
In the National Labor Relations Act it is the stated policy of the United States to encourage the collective bargaining process. This article submits that in order to effectuate such a policy, a recognition of the nature and basic need of the union in a procedure involving three parties is vital.