Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Games Played In The Off-Season: A Teaching Case Study On Major League Baseball Arbitration And Game Theory, Rebekah Ansbro

The COSMA Journal

Each January and February, professional baseball players with three to six years of Major League service time endure a process exclusive to Major League Baseball (MLB): arbitration. Though arbitration itself is not an unfamiliar form of dispute resolution, the structure MLB employs in contract arbitration is unlike any other industry, as it incorporates an all-or-nothing result that does not allow arbitrators to “split the pie” between parties. Because of this, teams and players are not only responsible for preparation of their own arguments and filed salary, but also for anticipation of their opponent’s filed salary. The hurdle of needing to …

The “Sweetest Sounding” Words Of Civil Rights: A Labor Origin Story Of The “Right To Work”, Thomas A. Castillo

History

This essay revisits the idea of “right to work” by offering historical context of Florida’s passage of its 1944 right to work constitutional amendment. A brief overview of the history of the term right to work and its contested nature indicates how the phrase likely led to confusion especially in the arena of political economy. A close evaluation of the amendment and its incongruent nature reveals the intent of its proponents was to deceive voters with the “sweetest sounding” words of civil rights while weakening their ability to organize labor unions. The history of safeguarding the free market entailed disciplining …

Eating What They Kill: The Stark Reality Of Athlete Compensation In Mixed Martial Arts And Potential Solutions, Christopher Piel

Arkansas Law Review

“They eat what they kill.” Dana White, President of the Ultimate Fighting Championship (“UFC”) said this about the state of fighter pay in the organization. White, the voice of the company, holds firm that fighters are adequately compensated for their services. The reality is that UFC fighters are not paid what they deserve, and, one way or another, there are big changes coming to the organization and the sport of Mixed Martial Arts (“MMA”) as a whole. In this Comment, I will discuss how the UFC has used its market power to suppress fighters’ wages and subject fighters to inequitable …

Public Disclosure And Its Impact On Ceo Compensation: Evidence Of Media Influence, Xin Zhao

Journal of Global Awareness

I examine the effect of the AFL-CIO executive paywatch identification on future CEO compensation. My findings indicate that the public disclosure of CEO compensation has a negative impact on subsequent changes in CEO pay. Additionally, I find that CEOs with ex-ante overpayment have experienced changes in their subsequent compensation. This paper contributes to the literature by documenting that firms respond to negative press coverage of CEO compensation, even after controlling for the mean reversion effect associated with high CEO pay.

Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen

Honors Projects

This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …

College Athlete Unionization, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The U.S. Supreme Court's landmark 2021 decision in NCAA v. Alston has opened the door to serious consideration of the potential for college athlete unionization and collective bargaining. The ruling, highlighted by Justice Kavanaugh's concurring opinion, suggests collective bargaining as a potential solution to the National Collegiate Athletic Association's ("NCAA's") antitrust vulnerabilities. This Article delves into the initial legal and strategic questions surrounding the prospect of unionization, focusing particularly on NCAA Division I football and basketball, due to their significant revenue generation making them prime candidates for unionization efforts.

The National Labor Relations Board ("NLRB" or "Board") is positioned to …

Data As Labor: Retrofitting Labor Law For The Platform Economy, Eugene K. Kim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Labor’S Obstacles And Democracy’S Demise, Angela B. Cornell

Cornell Law Faculty Publications

At a time when democratic institutions have been weakened by populist and authoritarian-leaning regimes around the globe, it is imperative that we revisit the fundamentals of democracy-building institutions, including the importance of strong, independent trade unions. Social science research has confirmed the critical role trade unions have played forging and sustaining democracies. The international human rights framework has long considered labor rights and labor unions as fundamental for social justice, securing peace, and bolstering democracy. Strengthening the meaningful exercise of labor rights is one important way to bolster democratic institutions. Union density in the USA reached its lowest point in …

[Dis]Assembling Race: The Fepc In Oklahoma, 1941-1946, Arley Ward

Graduate Theses and Dissertations

On the World War II home front in Oklahoma the Fair Employment Practice Committee (FEPC) succeeded in securing defense jobs for African Americans. The efforts of the committee, The Oklahoma Eagle, the Oklahoma City Black Dispatch, and the State Conference of Branches of the National Association for the Advancement of Colored People (NAACP) advanced civil rights in Oklahoma throughout World War II and beyond. The efforts of the FEPC in Oklahoma connect civil rights efforts in the 1940s directly to Brown v Board of Education, (1954) and the classic civil rights movement.

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry (2017-2022 archives)

No abstract provided.

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.

Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan

Irish Business Journal

Trade unions in the private sector and the commercial semi-states have rejected voluntarist Labour Court recommendations in the industrial relations arena in a significant number of high-profile cases in recent times. Conversely, in parts of the public sector, there has been a move towards the adoption of binding dispute resolution systems. Brian Sheehan suggests that respect for the state’s dispute resolution agencies and need for expertise and experience in dispute management is as great as ever.

Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos

Indiana Law Journal

In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …

Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …

Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony

Upjohn Press

Wheeler, Klaas, and Mahony provide a thorough analysis of organizational justice systems by exploring nonunion systems of workplace justice and comparing them with the union system, American courts, and systems in 11 other countries.

Transnational Labor Mobilizing In Two Mexican Maquiladoras: The Struggle For Democratic Globalization, Victoria Carty

Sociology Faculty Articles and Research

The struggle to improve workers' rights in Mexican maquiladoras and export processing zones elsewhere in the world is central to the politics of global economic integration. State-centered development is increasingly compromised by supranational institutions and trade agreements. Meanwhile, multinational corporations are relocating at an unprecedented rate to overseas locations. Export processing zones are notorious for poor working conditions and result in a "race to the bottom." The maquila sector in Mexico is a prime example of this phenomenon. This article uses two case studies to examine ways in which grassroots organizing has successfully resisted low wages and poor working conditions …

Mother Jones, Janet Butler Munch

Publications and Research

Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.

Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke

Upjohn Press

Investigates factors that explain why 25-30 percent of the time unions fail to obtain collective bargaining agreements after winning the right to negotiate.

Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower

Upjohn Press

A comprehensive analysis of the effects of QWL and other forms of worker participation on the collective bargaining process.

Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster

Upjohn Press

Presents the findings of a five-year study of the structure, process and impact of six forms of union-management programs aimed at improving productivity.

Labor Relations In Maine 1971-1982, Bureau Of Labor Standards

Maine Collection

Labor Relations in Maine 1971-1982

Prepared by the Bureau of Labor Standards, Research & Statistics Division,

William A. Peabody, Director, April, 1983.

Contents: Authorization / Introduction / Narratives / Tables / Appendices