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Full-Text Articles in Law
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
Publications and Research
This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …
The New Labor Law, Kate Andrias
The New Labor Law, Kate Andrias
Articles
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
Pace Law Review
This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Indiana Law Journal
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …
Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg
Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg
Faculty Scholarship
In advanced market economies in Europe and North America, a large and growing percentage of the workforce is self-employed. This group earns a contractual fee from clients, rather than a wage or salary from employers, one form of the so-called "Uberization" of the labor market. Through an analysis of the Court of Justice of the European Union's (CJEU) rulings, this Article explores whether minimum fees for the self-employed could be implemented without infringing European Union (EU) competition law. In particular, it lays out four possible legal mechanisms – what the paper dubs "U-turns" – that swerve around the social harms …