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Articles 1 - 30 of 42
Full-Text Articles in Law
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
All Faculty Scholarship
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
The Roberts Court And The Law Of Human Resources, Matthew T. Bodie
The Roberts Court And The Law Of Human Resources, Matthew T. Bodie
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The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do not agree …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
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The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
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Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
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No abstract provided.
Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie
Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie
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For over sixty years, the National Labor Relations Board has followed the “laboratory conditions” doctrine in its regulation of representation elections. According to the doctrine, the Board must provide workers with an electoral “laboratory” in order to determine the “uninhibited desires” of the employees. Elections are vacated and conducted anew if the winning party violated the laboratory conditions. The laboratory conditions doctrine suggests an active and vigorous role for the Board in providing employees with the proper election environment. However, the Board’s regulation has largely focused on keeping out electoral impurities and has done little to make sure employees have …
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
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No abstract provided.
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
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No abstract provided.
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
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Maryland law is not quite a blank slate for employee leave rights-but it is close. While the state forbids employers from terminating employees for job time lost for jury service or attending a court proceeding in response to a subpoena or pursuant to victim's rights laws, Maryland is one of a "select few" that does not require any breaks for adult workers, including time off for meals. Maryland law does not require family or medical leave for private sector workers. In fact, the state's most generous leave law stems from repealing antiquated "blue laws" that required businesses to be closed …
The Paradox Of Public Sector Labor Law, Martin H. Malin
The Paradox Of Public Sector Labor Law, Martin H. Malin
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No abstract provided.
Of Labor Inspectors And Labors Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help) (Symposium), César F. Rosado Marzán
Of Labor Inspectors And Labors Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help) (Symposium), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
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Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
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No abstract provided.
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Labor Unions: A Corporatist Institution In A Competitive World, Michael L. Wachter
Labor Unions: A Corporatist Institution In A Competitive World, Michael L. Wachter
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Union membership, as a percentage of the private sector workforce, has been in decline for 50 years. I argue that the cause of this unrelenting decline is a single, fundamental factor – the change in the United States economy from a corporatist-regulated economy to one based on free competition. Most labor commentators have explained the decline by a confluence of unrelated economic and legal forces. Labor economists typically stress economic explanations, which vary from compositional shifts in the job structure to increased competition both domestically and internationally. On the other hand, labor law commentators naturally focus on labor law explanations, …
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
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Economists recognize that nations can gain from trade through not only the free movement of goods across national boundaries but also the free movement of services, capital, and labor across national boundaries. Despite the presumption that economic theory raises in favor of international labor mobility, the nations of the world maintain restrictions on immigration and show little inclination to liberalize these barriers significantly. Michael Walzer defends immigration restrictions as policies necessary to maintain distinct cultural communities and rejects the alternative of voluntary residential segregation at the local level. I argue that we should instead prefer voluntary segregation at the local …
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
All Faculty Scholarship
No abstract provided.
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Public Employees' Rights To Strike: Law And Experience, Martin H. Malin
Public Employees' Rights To Strike: Law And Experience, Martin H. Malin
All Faculty Scholarship
No abstract provided.