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Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang Nov 2017

Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...


A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee Jan 2015

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

Faculty Scholarship at Penn Law

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize ...


An Introduction To Labor Law, Michael Evan Gold Jan 2014

An Introduction To Labor Law, Michael Evan Gold

Book Samples

[Excerpt] The purpose of this book is to introduce the reader to the federal law of unions and employers. This law is composed of two major elements. The first element is the National Labor Relations Act and the amendments to it. The second element is the decisions of the National Labor Relations Board and of the federal courts; these decisions interpret and apply the statutes.

The statutes are long and complex, and the decisions of the Labor Board and of the courts number in the hundreds of thousands. As a result, this book cannot cover all of the law. Only ...


The Wagner Model And International Freedom Of Association Standards, Lance A. Compa Jan 2014

The Wagner Model And International Freedom Of Association Standards, Lance A. Compa

Articles and Chapters

[Excerpt] I first met Pierre Verge just before beginning my service with the NAFTA labour commission in 1995. Not long after that, Pierre Verge and my own labour law professor at Yale in 1972, Clyde Summers, jointly wrote a penetrating evaluation of the first years of the NAFTA labour side accord, which still serves as the best single analysis of that seminal but flawed instrument linking labour standards and a trade agreement (Summers, Verge and Medina, 1998; Verge, 1999; Verge, 2002). Since then, my understanding of international labour standards and how they relate to labour law in North America has ...


Labor Guide To Labor Law, Bruce S. Feldacker, Michael J. Hayes Jan 2014

Labor Guide To Labor Law, Bruce S. Feldacker, Michael J. Hayes

Book Samples

[Excerpt] This book is a practical guide to labor law in the private sector. The first 8 chapters present a discussion of legal principles primarily based on the Labor Management Relations Act (LMRA), 1947, as amended, commonly referred to as the “Act.” The remaining chapters discuss principles based on the Labor Management Reporting and Disclosure Act and the Civil Rights Act of 1964, as amended, as well as on the LMRA.


Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire Oct 2013

Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire

Articles and Chapters

At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the ...


The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Immigration Advocacy As Labor Advocacy, Kati L. Griffith Jan 2012

Immigration Advocacy As Labor Advocacy, Kati L. Griffith

Articles and Chapters

[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.


Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati L. Griffith Apr 2011

Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati L. Griffith

Articles and Chapters

[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints ...


A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn Jan 2011

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral ...


Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann Jan 2010

Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann

Law Faculty Scholarship

This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become ...


A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa Jan 2010

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Articles and Chapters

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management actions that ...


Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa Jan 2010

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Articles and Chapters

[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member ...


A War Against Organizing, Kate Bronfenbrenner Jun 2009

A War Against Organizing, Kate Bronfenbrenner

Articles and Chapters

[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.


Still Unjaded: Jim Atleson’S Twenty-First Century Turn To International Labor Law, Lance A. Compa May 2009

Still Unjaded: Jim Atleson’S Twenty-First Century Turn To International Labor Law, Lance A. Compa

Articles and Chapters

[Excerpt] I came late to the academy and am still more of a trade unionist than a scholar, so I am going to start my remarks from this perspective. When Jim wrote Values and Assumptions I was in my earlier life as a union staffer with the United Electrical, Radio and Machine Workers of America (UE), a great, democratic, independent left-wing union. Like everyone else on the union staff, I was a generalist and an itinerant. I received organizing and bargaining assignments in New England, the Carolinas, and Baltimore, corporate campaign assignments in South Dakota, Pennsylvania, and California, political and ...


Introduction To Human Rights In Labor And Employment Relations: International And Domestic Perspectives, James A. Gross, Lance A. Compa Jan 2009

Introduction To Human Rights In Labor And Employment Relations: International And Domestic Perspectives, James A. Gross, Lance A. Compa

Articles and Chapters

[Excerpt] This volume is intended to collect the best current scholarship in the new and growing field of labor rights and human rights. We hope it will serve as a resource for researchers and practitioners as well as for teachers and students in university-level labor and human rights courses. The animating idea for the volume is the proposition that workers' rights are human rights. But we recognize that this must be more than a slogan. Promoting labor rights as human rights requires drawing on theoretical work in labor studies and in human rights scholarship and developing closely reasoned arguments based ...


Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer Nov 2008

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected ...


Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati L. Griffith Jul 2008

Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati L. Griffith

Articles and Chapters

It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa ...


Roundtable Retrospective 2007: Dealing With Sexual Harassment, David Sherwyn Feb 2008

Roundtable Retrospective 2007: Dealing With Sexual Harassment, David Sherwyn

Articles and Chapters

A review of sexual harassment case law was presented at the 2007 Labor and Employment Roundtable at the Cornell University School of Hotel Administration. The foremost lesson is that employers should take steps to prevent harassment, but failing that, an employer should maintain and follow a strong policy on sexual harassment and immediately make an effective response to a complaint.


Immigration Policy: The Nations Most Fundamental Labor Law, Vernon M. Briggs Jr Feb 2008

Immigration Policy: The Nations Most Fundamental Labor Law, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] Samuel Gompers (1925), founder of the American Federation of Labor and, historically speaking, America's most influential labor leader, wrote in his autobiography, "Immigration is, in its fundamental aspects, a labor problem" (p. 125). In most contemporary debates over immigration policy, this basic truism is forgotten. For no matter how immigrants enter the United States—as legal immigrants, illegal immigrants, refugees, asylum seekers, border commuters, or nonimmigrant workers on temporary visas—most have to work to support themselves, as do usually their spouses and, eventually, their children as well. Hence, immigration policies always have labor market consequences regardless of ...


A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati L. Griffith Jan 2008

A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati L. Griffith

Articles and Chapters

[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration ...


Revisiting The Administration Of Immigration Policy, Vernon M. Briggs Apr 2007

Revisiting The Administration Of Immigration Policy, Vernon M. Briggs

Articles and Chapters

[Excerpt] Discussions of the impact of immigration policy on the population and labor force of the United States typically center on why the nation has such a policy (i.e., the national interests that are involved) and what are the specific policy elements that are used to accomplish those ends. Far less attention is given to the process issues as to who administers those policies and how is the policy actually implemented and enforced. But answers to the who and the how questions are of equal importance when it comes to understanding policy outcomes. This is because the administrative processes ...


A Question Of Timing, Lance A. Compa, Deborah Greenfield Jan 2007

A Question Of Timing, Lance A. Compa, Deborah Greenfield

Articles and Chapters

US labour law violates ILO standards not at the margins, but at the core.


Striker Replacements: A Human Rights Perspective, Lance A. Compa Jul 2006

Striker Replacements: A Human Rights Perspective, Lance A. Compa

Articles and Chapters

[Excerpt] United States labor law on workers' right to strike meets international human rights standards—up to a point. The law does not ban strikes in the private sector. Unlike many countries that nominally allow strikes but create onerous procedural obstacles (Mexico is a prime example), the United States, aside from modest notice requirements, lets workers decide to strike. In a handful of states, public-sector workers can strike.

So far, so good. But beyond this point, U.S. labor law and practice deviate from international standards. In the public sector, most strikes are prohibited even with no threat to public ...


Parting Shots: Immigration, Vernon M. Briggs Jul 2006

Parting Shots: Immigration, Vernon M. Briggs

Articles and Chapters

[Excerpt] Prevailing immigration policy and the toleration of its mass abuse by illegal immigration generates both "winners" and "losers."


Blood, Sweat, And Fear: Workers’ Rights In U.S. Meat And Poultry Plants, Lance A. Compa Jan 2004

Blood, Sweat, And Fear: Workers’ Rights In U.S. Meat And Poultry Plants, Lance A. Compa

Articles and Chapters

[Excerpt] This report covers workers’ rights in the U.S. meat and poultry industry in three broad areas of human rights concern: worker health and safety and related rights to compensation for workplace injuries, freedom of association, and the status of immigrant workers. It follows Unfair Advantage: Workers’ Freedom of Association in the United States under International Human Rights Standards, a Human Rights Watch report published in 2000.4 Based on an examination of a dozen industrial and service sectors of the U.S. economy in as many states, Unfair Advantagedocumented widespread violations of workers’ organizing rights and severe ...


The Economic Well-Being Of Black Americans: The Overarching Influence Of U.S. Immigration Policies, Vernon M. Briggs Jul 2003

The Economic Well-Being Of Black Americans: The Overarching Influence Of U.S. Immigration Policies, Vernon M. Briggs

Articles and Chapters

[Excerpt] Of the myriad public policies that have impinged on the economic well being of black Americans over the years, none has had more overarching and continuous effects than those pertaining to immigration. Immigration policies and trends have set the stage that has allowed other outcomes to happen. From the beginning, when blacks were introduced into the British colonies that would later become the United States, to contemporary times, when the nation finds itself in the throes of the largest and longest period of mass immigration in its history, immigration policy has significantly influenced the geographical, occupational, and industrial employment ...


The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa Jan 2003

The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa

Articles and Chapters

[Excerpt] Labor law in the United States is deeply entrenched against domestic pressure for change, let alone international influence. It is no surprise, then, that nearly five years after its adoption, the International Labor Organization's (ILO) 1998 Declaration on Fundamental Principles and Rights at Work has not had a direct impact on American workers' right to organize. On closer examination, however, there appears to be a "climate changing" effect that could move U.S. labor law toward the human rights framework of the Declaration.


Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa Apr 2002

Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa

Articles and Chapters

Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as ...


Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa Jan 2000

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Articles and Chapters

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States.

Another important goal was to look at the range of workers seeking to exercise ...