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Full-Text Articles in Law
Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Accommodating Equality In The Unionized Workplace, Katherine Swinton
Accommodating Equality In The Unionized Workplace, Katherine Swinton
Osgoode Hall Law Journal
This article explores the appropriate relationship between human rights and collective bargaining laws through an examination of the Supreme Court of Canada's jurisprudence on the duty to accommodate. While collective bargaining can be an important force to promote equality for disadvantaged groups, resistance to changing the terms of collective agreements to accommodate those groups can arise, especially when other employees' seniority rights are affected. The emerging jurisprudence suggests that seniority rights will be respected in many situations, especially in layoffs, but the article outlines circumstances in which accommodation will be necessary to vindicate equality rights.
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
Indiana Law Journal
No abstract provided.
Newsletter Vol.23 No.3 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.23 No.3 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Abolishing The Withdrawal Of Recognition Doctrine: Serious Doubts About The Good Faith Doubt Test, Maria Fabre Manuel
Abolishing The Withdrawal Of Recognition Doctrine: Serious Doubts About The Good Faith Doubt Test, Maria Fabre Manuel
Louisiana Law Review
No abstract provided.
Newsletter Vol.23 No.2 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.23 No.2 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
The National Basketball Association And The National Basketball Players Association Opt To Cap Off The 1988 Collective Bargaining Agreement With A Full Court Press: In Re Chris Dudley, Michelle Hertz
Marquette Sports Law Review
No abstract provided.
Newsletter Vol.23 No.1 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.23 No.1 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton
Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton
Upjohn Press
The authors identify and analyze the strategies for change and techniques most often used in today's labor negotiations. Nearly gone, they say, is the traditional "arms length" approach used by negotiators in the past. Instead, modern collective bargaining is characterized mainly by divergent strategies the authors characterize as either "forcing" (highly contentious) or "fostering" (highly cooperative). A dozen detailed case studies from a variety of industries are presented that show when, why and how these strategies are used, by whom, and to what result. These cases clearly demonstrate the use of both forcing and fostering strategies, as well as their …
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Faculty Scholarship
Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …