Social and Behavioral Sciences Commons^™

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

All Faculty Scholarship

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over 2,000 …

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

All Faculty Scholarship

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …

Maine Lobster Fishermen Had Early Brush With Organized Labor, Charles A. Scontras

Bureau of Labor Education

In the current effort of Maine lobster fishermen to maintain and enhance their interest, John Drouin, a Cutler lobsterman and vice chairman of the Maine Lobster Advisory Council — a group of fishermen and dealers who work with the Department of Marine Resources to protect the industry — noted that Maine lobstermen operate as independent business owners, compared with Canadian lobster fishermen, who are represented by unions and thus exert greater influence against the processors. “Until the day comes when we become unionized or one big co-op, we are just 5,000 individuals,” Drouin said.

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept. of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …

Oklahoma, Maine, Migration And The "Right To Work:" A Confused And Misleading Analysis, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The recent article released by the Maine Heritage Policy Center (MHPC), “The Case for Right-to-Work in Maine: Examining the Evidence in Oklahoma” (1/23/2012), attempts to make a case for the supposed benefits of a right-to-work (RTW) law in Maine, by discussing the case of Oklahoma’s RTW law, and then presenting a number of statistics on migration to Oklahoma, and from Maine to RTW states. However, a closer examination of this report reveals that it is based on highly questionable and misleading assumptions, and its assertions are based on incomplete data.

Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth

The Institute Brief Series, Institute for Community Inclusion

This Institute Brief summarizes the key elements of a training and support approach designed to improve job development practices. Employment Consultants who participated supported more individuals to enter employment, and supported people to achieve higher-quality jobs with more hours and higher levels of pay, than a control group who had not yet received training.

Civil Rights Reform And The Body, Tobias Barrington Wolff

All Faculty Scholarship

Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …

Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras

Bureau of Labor Education

Current legislative efforts to reform the unemployment compensation law (LD1725) by increasing penalties for fraud and tightening qualifications for benefits, e.g., removal of the exemption of vacation time as a factor in assessing benefits and lengthening the search for employment after six weeks rather than the current requirement of twelve weeks, triggers some historical images.

Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall

Data Note Series, Institute for Community Inclusion

Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.

Working Conditions And Patient Safety: Safe Staffing In Maine's Hospitals, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

A growing body of research is now documenting how serious problems in the work environments of nursing care in American hospitals are posing a threat to patient safety, as well as contributing to shortages of nurses working in hospital settings and in greater job stress and burnout among nurses. A major factor in this picture, according to a major report by the National Institute of Medicine, is the issue of chronic understaffing among direct care nurses.

What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.

Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko

Faculty Working Papers

In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …

Desde Quisqueya Hacia Borinquen: Experiences And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez

Articles

In this paper, I engage in a discussion of the experiences of Dominican women in Puerto Rico by using their own voices; voices that narrate the construction and deconstruction of their identities. These women have lived through daunting and often deplorable experiences of violence and disenfranchisement, but have also had wonderful stories and experiences along the way. These women in more ways than one “challenge the dominant discourse regarding women’s submission, intuition, and dependence vis-à-vis men.” I propose that while these immigrant women have put their lives on the line for their families and themselves, they are by no means …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …