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Articles 1 - 12 of 12
Full-Text Articles in Law
Final-Offer Arbitration And Public-Safety Employees: The Massachusetts Experience, David B. Lipsky, Thomas A. Barocci
Final-Offer Arbitration And Public-Safety Employees: The Massachusetts Experience, David B. Lipsky, Thomas A. Barocci
David B Lipsky
[Excerpt] We conclude that, in terms of its impact on the bargaining process, final-offer arbitration has had a mixed record in Massachusetts. On the one hand, the law must probably be given some credit for preventing police and firefighter strikes; in addition, the rate of arbitration usage was remarkably low compared to experience in other states. On the other hand, the law probably led to more impasses in police and fire bargaining (although the experience in the commonwealth was still favorable compared to other states) and reduced the effectiveness of the mediation stage of the impasse procedures. Perhaps most important, …
Final-Offer Arbitration And Salaries Of Police And Firefighters, David B. Lipsky, Thomas A. Barocci
Final-Offer Arbitration And Salaries Of Police And Firefighters, David B. Lipsky, Thomas A. Barocci
David B Lipsky
[Excerpt] Did final-offer arbitration have a discernible impact on the salaries of police and firefighters in Massachusetts during the 3-year trial period which ended June 30, 1977? To analyze this question, we collected information on the maximum salary paid to police patrolmen, police sergeants, firefighters, and fire lieutenants for a large sample of Massachusetts municipalities. We integrated these data with police and fire impasse experiences and added several economic and environmental characteristics for each Massachusetts municipality. Then we performed several tests of the economic impact of final-offer arbitration.
The Outcome Of Impasse Procedures In New York Schools Under The Taylor Law, John E. Drotning, David B. Lipsky
The Outcome Of Impasse Procedures In New York Schools Under The Taylor Law, John E. Drotning, David B. Lipsky
David B Lipsky
The effectiveness of New York’s Taylor Law, and of the Public Employment Relations Board established under it, may be measured in a number of ways. One is to see whether it does, in fact, eliminate strikes of public employees. Another is to compare the results of mediation and fact-finding under the Board’s auspices with settlements arrived at without intervention of PERB. The authors, who are engaged in a broad study of the latter kind, present some of their findings as they relate to the public school system during 1969 and 1970.
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
David B Lipsky
[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and the …
Resolving Workplace Disputes In The United States: The Growth Of Alternative Dispute Resolution In Employment Relations, David B. Lipsky, Ronald L. Seeber
Resolving Workplace Disputes In The United States: The Growth Of Alternative Dispute Resolution In Employment Relations, David B. Lipsky, Ronald L. Seeber
David B Lipsky
[Excerpt] For more than a decade a "quiet revolution" has been occurring m the American system of justice. There has been a dramatic growth in the use of alternative dispute resolution (ADR) to resolve disputes that might otherwise be handled through litigation. We define ADR as the use of any form of mediation or arbitration as a substitute for the public judicial or administrative process available to resolve a dispute (Lipsky and Seeber, 1998A}. In the United States mediation, arbitration, and their variants ordinarily are private processes in which the disputants themselves select, hire, and pay the third-party neutral who …
Patterns Of Adr Use In Corporate Disputes, David B. Lipsky, Ronald L. Seeber
Patterns Of Adr Use In Corporate Disputes, David B. Lipsky, Ronald L. Seeber
David B Lipsky
[Excerpt] Is it reasonable to expect that the use of ADR by U.S. corporations will continue to grow in the future? We asked the respondents in our survey a series of questions designed to determine their view on this issue....In general, a large majority of the respondents in our survey believe that they are "likely" or "very likely" to use mediation in the future—38% and 46%, respectively. They were more cautious about the use of arbitration. Only 24% said they were very likely to use it in the future, while 47% said they were likely to do so. More than …
The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber
The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber
David B Lipsky
In recent years, a significant amount of public and academic attention has been devoted to the unravelling of the so-called 'New Deal' social contract and the emergence of a new social contract between workers and employers in the United States of America (US). In our paper, we will identify the forces of change that undermined the New Deal social contract during the post-World War II era and led to the reformulation of the workplace social contract in the US. It is our thesis that the transformation of the workplace social contract in the US significantly affected the resolution of employment …
Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar
Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar
David B Lipsky
[Excerpt] In this article we apply negotiation and bargaining theory to the analysis of online dispute resolution. Our principal objective is to develop testable hypotheses based on negotiation theory that can be used in ODR research. We have not conducted the research necessary to test the hypotheses we develop; however, in a later section of the article we suggest a possible methodology for doing so. There is a vast literature on negotiation and bargaining theory. For the purposes of this article, we realized at the outset that we could only use a small part of that literature in developing a …
The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare
The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare
David B Lipsky
[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry. After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration, specifically whether …
The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar
The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar
David B Lipsky
[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit …
Workplace Arbitration In The Current Economic Crisis, David B. Lipsky
Workplace Arbitration In The Current Economic Crisis, David B. Lipsky
David B Lipsky
[Excerpt] In the midst of our economic crisis, arbitrators are facing unprecedented challenges. As the financial implosion has spread from Wall Street to Main Street, we are hearing cases that require us to decide issues the parties never anticipated when their arbitration programs were established. Take labor-management arbitration as an example. Unlike in the past, when labor arbitrators sometimes had to decide whether a layoff complied with the collective bargaining agreement, today they are addressing the repercussions of mass layoffs resulting from plant shutdowns. Similarly, in previous years, labor arbitrators frequently decided cases dealing with alleged infractions of Title VII …
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos
Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos
David B Lipsky
For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University; …