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

Labor and Employment Law Commons

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

Articles 1 - 30 of 81

Full-Text Articles in Labor and Employment Law

The Duty Of Fair Representation: Steele V. Louisville & Nashville Ry. Co., Thomas Kohler Dec 2013

The Duty Of Fair Representation: Steele V. Louisville & Nashville Ry. Co., Thomas Kohler

Thomas C. Kohler

Discussion of lead case dealing with race, the duty of fair representation, historical and legal setting and significance.


Author Meets Reader - After The Standard Contract Of Employment: Innovations In Regulatory Design, Thomas Kohler May 2013

Author Meets Reader - After The Standard Contract Of Employment: Innovations In Regulatory Design, Thomas Kohler

Thomas C. Kohler

Panel on the book Re-thinking Workplace Regulation: Beyond the Standard Contract of Employment by Harry William Arthurs and Katherine V.W. Stone.


Participant, Sixth Annual Conference On Economics And Catholic Social Thought, Thomas Kohler Apr 2013

Participant, Sixth Annual Conference On Economics And Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Participant, Pacem In Terris: After Fifty Years, Thomas Kohler Apr 2013

Participant, Pacem In Terris: After Fifty Years, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Gewerkschaftsrechte In Den U.S.A, Thomas Kohler Feb 2013

Gewerkschaftsrechte In Den U.S.A, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Gewerkschaftsrechte In Den U.S.A, Thomas Kohler Feb 2013

Gewerkschaftsrechte In Den U.S.A, Thomas Kohler

Thomas C. Kohler

This lecture addressed the allowable limits of employer co-operation in union organization. Issues surrounding this theme have been of special concern to German unions and large German employers with “transplant” facilities in the U.S. German unions have put considerable pressure on German employers to co-operate with and to extend recognition to employee representatives in the American operations. At least some German employers also have a strong interest in adopting German-style representation structures in their workplaces in the U.S. The lecture addressed the topic in comparative perspective, and also spoke to current political and legal trends.


Faculty Seminar On The Papal Encyclical, Pacem In Terris, Thomas Kohler Jan 2013

Faculty Seminar On The Papal Encyclical, Pacem In Terris, Thomas Kohler

Thomas C. Kohler

A seminar on the Papal Encyclical Pacem in Terris at the Lumen Christi Institute.


What Does It Mean To Be Conservative?: A Perspective From Catholic Social Thought, Thomas Kohler Jan 2013

What Does It Mean To Be Conservative?: A Perspective From Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

A presentation given at the University of Chicago Law School.


Standing Faculty Lecture, Harvard University Trade Union Program, Thomas Kohler Dec 2012

Standing Faculty Lecture, Harvard University Trade Union Program, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labor Law Group--Biennial Meeting, Thomas Kohler May 2012

Labor Law Group--Biennial Meeting, Thomas Kohler

Thomas C. Kohler

Group of leading American and Canadian labor and employment law scholars. A biennial retreat for discussions on topics and developments in labor and employment law and legislation. Commented on Papers, Roundtable Discussions. Membership is by election.


Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler Mar 2012

Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler

Thomas C. Kohler

It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …


Hobbes, Locke And The Mystery Of Friendship, Thomas Kohler Jan 2012

Hobbes, Locke And The Mystery Of Friendship, Thomas Kohler

Thomas C. Kohler

A lecture given to the Boston College Perspectives Program.


Solidarity Forever: An Idea And Its Roots In Catholic Social Thought, Thomas Kohler Jan 2012

Solidarity Forever: An Idea And Its Roots In Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

Roots of the idea of solidarity in Catholic Social Thought--and its political, economic, legal, implications


The History And Significance Of Steele V. Louisville & Nashville Railroad Co., Thomas Kohler Jan 2012

The History And Significance Of Steele V. Louisville & Nashville Railroad Co., Thomas Kohler

Thomas C. Kohler

No abstract provided.


Public Unions And The State Of The Labor Movement, Thomas Kohler Jan 2012

Public Unions And The State Of The Labor Movement, Thomas Kohler

Thomas C. Kohler

This presentation considered public unions and the state of the labor movement in light of Catholic social doctrine, democratic theory, distributive justice, and legal and social trends.


Member, Executive Committee For The Program On Catholic Social Though, Thomas Kohler Dec 2011

Member, Executive Committee For The Program On Catholic Social Though, Thomas Kohler

Thomas C. Kohler

In August 2012 Professor Kohler was invited to join the Executive Committee for the Program on Catholic Social Thought sponsored by the Lumen Christi Institute at the University of Chicago.


Presentation On Unions And Mediating Institutions In Catholic Social Doctrine, Thomas Kohler Dec 2011

Presentation On Unions And Mediating Institutions In Catholic Social Doctrine, Thomas Kohler

Thomas C. Kohler

A presentation at the Union League Club on unions and mediating institutions in Catholic social doctrine.


Employer Neutrality?, Thomas Kohler Dec 2011

Employer Neutrality?, Thomas Kohler

Thomas C. Kohler

It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …


Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas C. Kohler Nov 2011

Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.


Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler Nov 2011

Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler

Thomas C. Kohler

No abstract provided.


The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler Nov 2011

The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler

Thomas C. Kohler

The enormous success of the United States economy in producing new jobs has focused world-wide attention on the flexibility of the American labor market, and on the malleability of the legal order that regulates it. Despite our reputation for sparse public regulation of the employment relationship, however; the past decade has been a period of unprecedented judicial and legislative activity. The United States now has more formal employment regulation than ever before. The following piece places these developments in the context of a decline in the practice of private law-making, and identifies four movements that have emerged and which characterize …


Experts' Meeting On The Restatement Of Employment Law, Thomas Kohler Oct 2011

Experts' Meeting On The Restatement Of Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Voices At Work: Legal Effects On Organization, Representation And Negotiation, Thomas Kohler Jun 2011

Voices At Work: Legal Effects On Organization, Representation And Negotiation, Thomas Kohler

Thomas C. Kohler

The Inaugural Conference for a 4-year comparative law project to investigate intersection between law and employee voice in industrialized common law countries. One of 5 American scholars; project involving leading scholars from the common law countries. Two-day conference, largely round table discussions


The Duty Of Fair Representation: History And Significance, Thomas Kohler Jan 2011

The Duty Of Fair Representation: History And Significance, Thomas Kohler

Thomas C. Kohler

A review of the legal duty of fair representation, the legal and constitutional problems, its current significance


Presentation About The Significance Of Prof. Jack Getman's Book "Restoring The Power Of Unions", Thomas Kohler Nov 2010

Presentation About The Significance Of Prof. Jack Getman's Book "Restoring The Power Of Unions", Thomas Kohler

Thomas C. Kohler

Review of the significance of Prof. Jack Getman's book, "Restoring the Power of Unions" (Yale Univ. Press, 2010); the impact of his empirical research; future of employment ordering.


Trade Union Rights At The Workplace, Thomas Kohler Oct 2010

Trade Union Rights At The Workplace, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labor Law Group Conference, Thomas Kohler May 2010

Labor Law Group Conference, Thomas Kohler

Thomas C. Kohler

The Labor Law Group is an Association of the Nation's leading labor and employment law scholars. Membership is by election. The Group publishes several casebooks; sponsors conferences; engages in public discourse over labor and employment law issues. This meeting occurs every two years, and is a major part of the Group's activities, since it brings the Membership together for intense discussions and planning sessions.


The Duty Of Fair Representation: History And Scope, Thomas Kohler Dec 2009

The Duty Of Fair Representation: History And Scope, Thomas Kohler

Thomas C. Kohler

No abstract provided.


A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler Dec 2009

A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler

Thomas C. Kohler

Comparative study and assessment of legal protections afforded leading management personnel in several leading European nations, Japan and the United States, including historical background of regulatory schemes and their impact.


Modern Man, Thomas Kohler Aug 2009

Modern Man, Thomas Kohler

Thomas C. Kohler

No abstract provided.