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Selected Works

2015

Stewart J Schwab

Labor unions

Articles 1 - 3 of 3

Full-Text Articles in Law

The Union As Broker Of Employment Rights, Stewart Schwab Feb 2015

The Union As Broker Of Employment Rights, Stewart Schwab

Stewart J Schwab

Most employment laws give inalienable rights to workers. An individual worker cannot trade the right to $7.25 per hour for a greater pension, for example, nor trade a longer-than-five-year pension-vesting schedule for greater pay. Employees can waive some employee rights, but policymakers are hesitant to allow this for fear the individual employee’s lack of bargaining power or inability to assess the value of rights will mean an alienable right is no right at all. This suggests a role for unions as a broker of rights. A union presumably has greater bargaining power, greater experience than individual employees, and greater ability …


Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas Feb 2015

Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas

Stewart J Schwab

No abstract provided.


Union Raids, Union Democracy, And The Market For Union Control, Stewart J. Schwab Feb 2015

Union Raids, Union Democracy, And The Market For Union Control, Stewart J. Schwab

Stewart J Schwab

In this article, Professor Schwab compares the union member-leader relationship to the corporate shareholder-manager relationship and examines what can be learned from the voluminous literature regarding corporate control about problems of internal union democracy. Specifically, he questions whether a viable market for union control does or could exist that might induce leaders to act in the interests of their members. He analyzes the structural weaknesses in the market for union control and the legal factors inhibiting a union takeover market. Schwab concludes that a weak market does exist, despite the nonprofit nature of unions that limits the ability of leaders …