Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The Dual Transformation Of Workplace Dispute Resolution, Alexander Colvin Oct 2003

The Dual Transformation Of Workplace Dispute Resolution, Alexander Colvin

Articles and Chapters

This study examines the impact on grievance rates of variation in the structure of nonunion dispute resolution procedures and in systems of work organization. Nonunion dispute resolution procedures that feature non-managerial decision-makers had higher grievance rates than nonunion procedures with managerial decision-makers. Grievance rates were also lower in workplaces that had adopted self-managed teams.


Wege Zur Transformation Gewerkschaftlicher Organisationsstrukturen, Martin Behrens, Richard W. Hurd, Jeremy Waddington Sep 2003

Wege Zur Transformation Gewerkschaftlicher Organisationsstrukturen, Martin Behrens, Richard W. Hurd, Jeremy Waddington

Articles and Chapters

[Excerpt] Bei einer länderübergreifenden Betrachtung erweist sich die Neubelebung der Arbeiterbewegung als ein komplexer Prozess des Wandels, der je nach soziopolitischem und ökonomischem Kontext variiert.Zwar lassen sich zahlreiche, vielfältige Gewerkschaftsstrategien und Ergebnisse beobachten, aber dennoch sind in den meisten der untersuchten Länder (Deutschland, Italien, Spanien, Großbritannien, USA) verschiedene Formen der strukturellen Anpassung, wie Zusammenschlüsse und Übernahmen, sowie eine „Rationalisierung“ der internen Gewerkschaftsstrukturen übliche Elemente der Revitalisierungsbemühungen. Auch wenn viele Ansätze zur Veränderung der Gewerkschaftsstrukturen auf der Strecke blieben, so bleiben doch noch eine Reihe von Fällen bei denen Reformen zu den positive Ergebnissen führten,welche die Arbeitnehmerschaft dringend benötigte.


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 ...


Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin Apr 2003

Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin

Articles and Chapters

The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to ...


Optimizing A Law School's Course Schedule, Shelley Saxer, Gary M. Thompson Jan 2003

Optimizing A Law School's Course Schedule, Shelley Saxer, Gary M. Thompson

Articles and Chapters

If you have ever attempted to prepare a law school class schedule—juggling curricular needs, classroom sizes, professorial whims—you will know how hard a task is involved. If you bother the person in charge of the schedule too much, he or she might unleash the powers of the scheduler upon you. Next year you may find yourself teaching “Legal Spelling” on Saturday mornings at 8:00 A.M.


Because It Takes Two: Why Post-Dispute Voluntary Arbitration Programs Will Fail To Fix The Problems Associated With Employment Discrimination Law Adjudication, David S. Sherwyn Jan 2003

Because It Takes Two: Why Post-Dispute Voluntary Arbitration Programs Will Fail To Fix The Problems Associated With Employment Discrimination Law Adjudication, David S. Sherwyn

Articles and Chapters

For more than a decade, the employment law community, including the plaintiffs’ bar, the defense bar, and a cavalcade of academicians, has fiercely debated the use (or misuse, as some argue) of arbitration for the adjudication of federal and state employment law cases. The majority of the cases at issue in the debate are wrongful termination cases. In most wrongful termination cases, ex-employees allege that their ex-employers, or their employer’s alleged agents, harassed or otherwise discriminated against them, which resulted in their termination (or other adverse action). Resolution of such cases, whether via litigation, arbitration, or any other alternative ...


Assessing Assessments: A Survey Of Efforts To Measure Countries’ Compliance With Freedom Of Association Standards, Lance Compa Jan 2003

Assessing Assessments: A Survey Of Efforts To Measure Countries’ Compliance With Freedom Of Association Standards, Lance Compa

Articles and Chapters

[Excerpt] This article surveys efforts by governmental and nongovernmental organizations to assess countries' compliance with core labor standards on workers' freedom of association. The relevant standards are Conventions 87 and 98 of the International Labor Organization (ILO) and the ILO's 1998 Declaration on Fundamental Principles and Rights at Work.

Part II sets out key conceptual issues, particularly the distinction between "negative" and "positive" rights. Part III discusses the challenge of generating and getting accurate information about workers' freedom of association, especially when so much subjective judgment is inherent in the effort. Part IV reviews and summarizes the work of ...


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.


The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber Jan 2003

The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber

Articles and Chapters

In recent years, a significant amount of public and academic attention has been devoted to the unravelling of the so-called 'New Deal' social contract and the emergence of a new social contract between workers and employers in the United States of America (US). In our paper, we will identify the forces of change that undermined the New Deal social contract during the post-World War II era and led to the reformulation of the workplace social contract in the US. It is our thesis that the transformation of the workplace social contract in the US significantly affected the resolution of employment ...


Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky Jan 2003

Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky

Articles and Chapters

[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and ...


The Future Of Employment Conflict Management Systems, Ronald L. Seeber, Richard Fincher, David B. Lipsky Jan 2003

The Future Of Employment Conflict Management Systems, Ronald L. Seeber, Richard Fincher, David B. Lipsky

Articles and Chapters

In this article, the authors have offered their view of the future of conflict management systems, and of some of the problems that will slow the pace of those systems’ growth. All of these problems are related to the external environment faced by organizations seeking to develop conflict management systems, since there seems to be only a limited potential for influence of internal design features. The threat of the courts, problems with neutrals, and the evolving role of neutral providers may give pause, though, to those organizations currently debating the strategic question of whether to create their own system.