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Full-Text Articles in Law

You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn Nov 2006

You (Don’T) Look Marvelous: Considerations For Employers Regulating Employee Appearance, G. Roger King, Jeffrey D. Winchester, David Sherwyn

Articles and Chapters

Under federal law, employers are generally allowed to set policies regulating employees’ appearance, provided that those policies do not impinge on groups specifically protected under federal statute. State and local laws, however, may preclude employers from implementing such dress and appearance policies. Employers whose workers are unionized must consider the provisions of the bargaining agreement. One trend in connection with regulations relating to employees’ appearance and dress is that creative lawyers have stretched the law to cover certain workers.


Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman Nov 2006

Retaliation: The Fastest-Growing Discrimination Claim, David Sherwyn, Zev Eigen, Gregg Gilman

Articles and Chapters

Many employers were shocked and alarmed when the U.S. Supreme Court in June 2006 unanimously established a relatively broad standard regarding employees’ complaints of retaliation by employers when employees have made discrimination complaints. An examination of case law as well as comments made by those attending the 2006 Labor and Employment Law Roundtable at the Cornell University School of Hotel Administration allow us to conclude that although employees who make complaints need to be treated carefully, employers need not panic. Instead, they must thoroughly document any personnel actions and base them on actual performance, making sure that any termination ...


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."


International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma Feb 2006

International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma

Articles and Chapters

[Excerpt] In this article, we briefly describe the different approaches to the regulation of international labor standards, and then argue for a new role for national governments based on soft rather than hard regulation approaches. We argue that this new role shows potential for significantly enhancing progress in international labor standards, since it enables governments to articulate a position without having to deal with the enforcement issues that hard regulation mandates. We justify this new role for governments based on the increasing use of soft regulation in the international arena. Of course, this approach is not without its own problems ...


America Reborn? Conservatives, Liberals, And American Political Culture Since 1945, Nick Salvatore Jan 2006

America Reborn? Conservatives, Liberals, And American Political Culture Since 1945, Nick Salvatore

Articles and Chapters

[Excerpt] From the perspective of the early twenty‑first century, we can chide the good professor for not carefully considering the consequences of what he wished for half a century ago. For it is clear that the force of this conservative movement in America was in fact “stronger than most of us [knew]” or could have imagined in 1950, or, indeed, in 1968. This conservative “impulse”, those “irritable mental gestures”, has largely restructured American political thinking with a force and popular approval that remains stunning to consider. The growth of the conservative movement since 1945 was also accompanied by the ...


Social Dialogue For Decent Work, Sarosh Kuruvilla Jan 2006

Social Dialogue For Decent Work, Sarosh Kuruvilla

Articles and Chapters

[Excerpt] This paper aims to develop usable indicators of the concept of social dialogue, as part of the ILO's effort to develop operational measures of Decent Work. Section 1 examines the concept of social dialogue. Section 2 looks at past approaches to measuring social dialogue. Section 3 discusses what we have learned from past approaches and the implications for developing indicators and collecting data. Section 4 describes and justifies the proposed indicators. Section 5 concludes the paper with a discussion of the implications of this methodology for practice, and an examination of the costs.


Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey Jan 2006

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Articles and Chapters

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too ...


The Ascendancy Of Employment Arbitrators In Us Employment Relations: A New Actor In The American System?, Ronald L. Seeber, David B. Lipsky Jan 2006

The Ascendancy Of Employment Arbitrators In Us Employment Relations: A New Actor In The American System?, Ronald L. Seeber, David B. Lipsky

Articles and Chapters

In this paper, we survey the underpinnings of the trend towards employment arbitration in the United States, and its implications for the broader industrial relations system. Specifically, we address the question of whether or not employment arbitrators have been substituted for collective bargaining by the government to an extent that warrants their inclusion as an actor in the industrial relations system. We review developments in workplace dispute resolution in the United States, the literature that attempts to explain these developments and posit an assessment of the stability of employment arbitration, and employment arbitrators, as a central feature of the US ...


Research On Alternative Dispute Resolution Procedures, Alexander J.S. Colvin, Brian Klaas, Douglas Mahony Jan 2006

Research On Alternative Dispute Resolution Procedures, Alexander J.S. Colvin, Brian Klaas, Douglas Mahony

Articles and Chapters

[Excerpt] Alternative dispute resolution (ADR) encompasses a range of procedures, such as mediation, arbitration, ombudspersons, and peer review, that provide alternative mechanisms for resolving disputes and conflicts, both in the workplace and in other settings. In the field of employment relations, recent years have seen a growing number and diversity of ADR procedures used, particularly in nonunion workplaces and in resolving employment law disputes (Ewing 1989; Feuille and Delaney 1992; Feuille and Chachere 1995; Colvin 2003a). Much of the past research on ADR has focused on the general question of what the most effective technique is for resolving conflicts. The ...


Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos Jan 2006

Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos

Articles and Chapters

For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University ...