Labor Relations Commons^™

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith

Kati Griffith

What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized …

Technological Change At Work: The Impact Of Employee Involvement On The Effectiveness Of Health Information Technology, Adam Seth Litwin

Adam Seth Litwin

The link between employee involvement (El) and organizational performance is not clear-cut, and the diffusion of information technology (IT) in the workplace complicates this relationship. The author argues that new technologies offer an important avenue by which El can improve hrm performance. He also contends that those studies that do consider El in the context of technological change may be focusing exclusively on workplace-level features of the employment relationship, ignoring variation in functional- and strategic-level aspects of employment relations. To test this hypothesis, he uses Kaiser Permanente Northwest Region’s patient scheduling module as an exemplar to investigate the extent to …

The Future Of Human Capital: An Employment Relations Perspective, Thomas Kochan, Adam Seth Litwin

Adam Seth Litwin

[Excerpt] It is not surprising that most theories of human capital treat the firm as the key unit of analysis, given the deep imprint that Becker (1964 [1993]) left with his early efforts to distinguish between general and specific human capital. It is especially understandable for research that focuses on American institutions and practices. Ever since the passage of the New Deal employment policies of the 1930s, firms have been assigned central roles in the delivery and financing of a variety of labor-market services, including the provision of workforce training and development (Osterman et al, 2001). Most of the chapters …

The Quality Of Jobs Created By Entrepreneurs, Adam Seth Litwin, Philip Phan

Adam Seth Litwin

Few dare to challenge the conventional wisdom that small business is the engine of job creation. Indeed, in the United States, the image of the small business owner left largely unfettered to create novel products and services sits on the same cultural plane as baseball and apple pie, and one would be hard-pressed to find a policymaker who would openly question the wisdom that most new jobs arise either directly or indirectly from these small businesses. This near religious belief in the small business owner as job creator yields a steady stream of policies offering tax relief to small businesses, …

Measurement Error In Performance Studies Of Health Information Technology: Lessons From The Management Literature, Adam Seth Litwin, Ariel Avgar, Peter Pronovost

Adam Seth Litwin

Just as researchers and clinicians struggle to pin down the benefits attendant to health information technology (IT), management scholars have long labored to identify the performance effects arising from new technologies and from other organizational innovations, namely the reorganization of work and the devolution of decision-making authority. This paper applies lessons from that literature to theorize the likely sources of measurement error that yield the weak statistical relationship between measures of health IT and various performance outcomes. In so doing, it complements the evaluation literature’s more conceptual examination of health IT’s limited performance impact. The paper focuses on seven issues, …

Rethinking Work And Family Policy: The Making And Taking Of Parental Leave In Australia, Marian Baird, Adam Seth Litwin

Adam Seth Litwin

Despite the continued increase in female participation rates, Australia remains one of only two developed nations in the world without a paid maternity leave scheme. While research interest and public policy debate about paid maternity leave entitlements continues, little is known about the actual utilization of the 52 weeks unpaid parental leave that is currently available to all employees. Moreover, research and policy debate on the availability and provision of paid paternity leave has only just begun. This paper argues that, given the gendered nature of employee entitlements, it is time to re-evaluate all aspects of parental leave policy in …

Not Featherbedding, But Feathering The Nest: Human Resource Management And Investments In Information Technology, Adam Seth Litwin

Adam Seth Litwin

This study draws on employment relations and management theory, claiming that certain innovative employment practices and work structures pave the way for organizational innovation, namely investments in information technology (IT). It then finds support for the theory in a cross-section of UK workplaces. The findings suggest that firms slow to adopt IT realize that their conventional employment model hinders their ability to make optimal use of new technologies. Therefore, the paper advances the literature beyond studies of unionization’s impact on business investment to a broader set of issues on the employment relations features that make organizations ripe for innovation.

Quality Over Quantity: Reexamining The Link Between Entrepreneurship And Job Creation, Adam Seth Litwin, Philip Phan

Adam Seth Litwin

Although much has been written about the quantity of jobs created by entrepreneurs, scholars have yet to examine the quality of these jobs. In this article, the authors begin to address this important issue by examining nearly 5,000 businesses that began operations in 2004. They investigate the extent to which nascent employers provide what many think of as quality jobs—those offering health care coverage and a retirement plan. The authors find that because of small scale, constrained resources, and protection from institutional pressures, start-up companies do not provide their employees with either of these proxies for job quality, and their …

Explaining The Health Information Technology Paradox, Ariel Avgar, Adam Seth Litwin

Adam Seth Litwin

Excerpt] The substantial gap between the promise inherent in upgrading information systems in health care and the documented reality has baffled health care scholars. Why is a technology so clearly capable of creating efficiencies, increasing safety, and promoting greater information sharing and coordination across professionals failing to live up to expectations?

Review Of Cleaning Up: How Hospital Outsourcing Is Hurting Workers And Endangering Patients, Adam Seth Litwin

Adam Seth Litwin

[Excerpt] Researchers sensitive to the plight of low-wage workers in advanced industrialized economies have long sought to convey the magnitude of the problem by retelling sorrowful tales of worker exploitation. Sadly, even their most sympathetic readers have numbed to these accounts. Author Dan Zuberi has found a clever way to transcend this apathy in his new monograph based on about 100 interviews plus behind-the- scenes observations of the impact of hospital support staff outsourcing on patients and workers. Through a well-developed understanding of the work process and changes in the employment relationship, he ties outsourcing and the resulting exploitation of …

Counting The Global Aerospace Workforce, Betty Barnett, Kevin Long, Lydia Fraile, Adam Seth Litwin

Adam Seth Litwin

As researchers on MIT’s Labor Aerospace Research Agenda (LARA), we began our work with many questions. Are other nations—like the United States—facing a “demographic cliff” as their aerospace workforce’s age? What strategic decisions are other countries making to insure adequate skills and competencies? How are offsets affecting employment levels? Are American job losses in aerospace matched by job gains elsewhere?

As it turns out, just determining the size of the global aerospace workforce has proved far more complicated than we imagined, although the initial data—and the questions they raise—suggest that this is an important undertaking. The impact of the September …

Nose To Tail: Using The Whole Employment Relationship To Link Worker Participation To Operational Performance, Adam Seth Litwin

Adam Seth Litwin

Although many employers continue to adopt various forms of worker participation or employee involvement, expected positive gains often fail to materialize. One explanation for the weak or altogether missing performance effects is that researchers rely on frameworks that focus almost exclusively on contingencies related to the workers themselves or to the set of tasks subject to participatory processes. This study is premised on the notion that a broader examination of the employment relationship within which a worker participation program is embedded reveals a wider array of factors impinging upon its success. I integrate labor relations theory into existing insights from …

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived legal compliance by the …

Drivers And Barriers In Health It Adoption: A Proposed Framework, Ariel Avgar, Adam Seth Litwin, Peter Pronovost

Adam Seth Litwin

Despite near (and rare) consensus that the adoption and diffusion of health information technology (health IT) will bolster outcomes for organizations, individuals, and the healthcare system as a whole, there has been surprisingly little consideration of the structures and processes within organizations that might drive the adoption and effective use of the technology. Management research provides a useful lens through which to analyze both the determinants of investment and the benefits that can ultimately be derived from these investments. This paper provides a conceptual framework for understanding health IT adoption. In doing so, this paper highlights specific organizational barriers or …

Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati Griffith

Kati Griffith

[Excerpt] This Article endeavors to comprehensively outline the emerging field of immployment law. As this Article specifies below, this field broadly includes empirical, legislative, administrative, judicial, and other analytical inquiries and trends involving workers who bridge the divide between immigration law and workplace law. This Article also proposes directions for future research in this area. Namely, it raises a broad array of compelling questions that merit intensive scholarly, judicial, and policy analysis moving forward. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to …

Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith

Kati Griffith

[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old …

Perfecting Public Immigration Legislation: Private Immigration Bills And Deportable Lawful Permanent Residents, Kati Griffith

Kati Griffith

[Excerpt] This article examines why the historical relationship between immigration law and private bills has not continued following the enactment of the 1996 immigration laws for any of the affected immigrant groups. The article focuses on LPRs with criminal convictions in particular because their likelihood of deportation has increased dramatically as their access to executive discretion to avoid deportation has decreased. Since 1996, even if an LPR has lived in the United States since childhood, she can be subject to mandatory deportation for almost any criminal conviction – including misdemeanors, such as shoplifting or a bar fight. Since 1996, it …

Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith

Kati Griffith

It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa slaughterhouses to the rest …

Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith

Kati Griffith

[Excerpt] As we examine the criminalization of immigration, commonly referred to as “crimmigration” (Stumpf, 2006), it is essential to consider its impact on other areas of law and policy that involve immigrants but are not traditionally thought of as formal elements of either criminal law or immigration law. Why? As Hortensia’s story illustrates, crimmigration may unexpectedly affect protections and rights that relate to immigrants’ experiences but come from other areas of law and policy. This chapter explores the impact of crimmigration on labor standards enforcement. By labor standards enforcement, the chapter refers mainly to the wage and hour, health and …

U.S. Migrant Worker Law: The Interstices Of Immigration Law And Labor And Employment Law, Kati Griffith

Kati Griffith

The work visa program for temporary foreign workers in the United States is “not only the longest-running, but also the largest such program in the world.” Close to one million foreign workers receive work visas each year for both skilled and unskilled temporary jobs in the United States. Nevertheless, the number of foreign workers laboring in the United States that do not have the legal documentation necessary to work in the United States (“undocumented migrant workers”) dwarfs the number of temporary foreign workers that receive visas to work in the United States (“documented migrant workers”). As of 2008, there were …

Immigration Advocacy As Labor Advocacy, Kati Griffith

Kati Griffith

[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.

Colonels And Industrial Workers In El Salvador, 1944-1972: Seeking Societal Support Through Gendered Labor Reforms, Kati Griffith, Leslie Gates

Kati Griffith

[Excerpt] How do military regimes seek support or legitimacy from society? What strategies, besides violent repression, do military leaders use to remain in power? In other words, how do military leaders try to achieve hegemony? El Salvador’s long period of military rule (1931-1979) gives researchers ample opportunity to investigate the mechanisms whereby military regimes try to gain societal support. Erik Ching’s chapter shows that General Martinez’s regime sought support through locally based patron-client relationships. Some analysts of El Salvador’s subsequent military regimes find that these regimes pursued a political alliance with urban industrial workers in order to gain support. Nevertheless, …

Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith

Kati Griffith

[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints …

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …

A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith

Kati Griffith

[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration …

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …

Technology, Economic Growth, And The State: American Political Culture And Economy, 1870-2000, Nick Salvatore

Nick Salvatore

In the essay that follows, I will examine three periods in American economic life, with a focus on the interplay of technological innovations, economic transformation, and the responses to them. The first period, focused on the decades between 1870 and1920, experienced the emergence of the corporation as the major form of production and, not surprisingly, the development of oppositional political movements to it. The second period, from 1933 to the 1960s, marked an era of reform efforts to balance the relationship between management and labor, efforts that, ironically, accepted as their premise the structure and rationale of the corporation itself. …

Identity Work: Sustaining Transnational Collective Action At General Motors Europe, Ian Greer

Ian Greer

What are the conditions under which transnational collective action is initiated and sustained? This paper presents a case study of General Motors Europe, where labor leaders have mobilized the workforce and bargained with management at the transnational level repeatedly over more than a decade as a response to management whipsawing and threats of plant closures. In contrast to structuralist interest-based theories of union behavior, we identify a process of “identity work‟ that was necessary to sustain transnational worker cooperation.

World Champions In Hospital Privatisation: The Effects Of Neoliberal Reform On German Employees And Patients, Nils Böhlke, Ian Greer, Thorsten Schulten

Ian Greer

[Excerpt] Over the past decade, German hospitals have been privatised at a rate not seen in any other country. In response to massive public-sector debt and the resulting investment backlog, many state and local governments have been privatising hospitals. The most common arguments for privatisation are repeated in a recent study commissioned by the association of private hospital owners (Bundesverband Deutscher Privatkliniken - BDPK) namely that private hospitals manage in a more efficient manner and are economically more successful (Augurzky, Beivers et al., 2009). Indeed, in some cases, private for-profit hospital companies have invested generously and turned inefficient public hospitals …