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Articles 1 - 5 of 5
Full-Text Articles in Law
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Articles
In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.
Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine
Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine
Articles
Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Articles
Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.