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Full-Text Articles in Law
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Faculty Publications
In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
Faculty Publications
During the debate leading to the passage of the North American Free Trade Agreement (“NAFTA”), a great deal of concern focused on the effect that a trade agreement such as the NAFTA might have on workers' rights. As a condition for the ratification of the NAFTA, Congress provided that the treaty would not “enter into force until the three countries enact their own national agreement on labor cooperation.” In response to this concern, the three signatory countries negotiated the North American Agreement on Labor Cooperation (“NAALC” or “Labor Agreement”). The NAALC establishes a formal and elaborate procedure to settle complaints …
A Draft Labor Code For Minsk: From Byelorussia With Love?, Lucas G. Paglia
A Draft Labor Code For Minsk: From Byelorussia With Love?, Lucas G. Paglia
Vanderbilt Journal of Transnational Law
Belarus, a former Eastern bloc country located between Russia and Poland, has drafted a comprehensive labor code to govern employment relations. This Note presents the historical underpinnings of the legislation, its major provisions, and its prospects for successfully handling labor disputes as well as encouraging foreign investment. The author first explores the current labor environment in Belarus, especially focusing on the recent privatization of industry, and its amenability to such regulation. The Note then analyzes specific provisions of the labor code and compares them to the National Labor Relations Act in the United States, as well as the conditions under …
Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff
Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff
Faculty Publications
Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.
To thrive in the coming decades, unions must carve out a new …
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Charging Parties Left Out: Intervention In Section 10(J) National Labor Relations Act Injunction Proceedings, John D. Doyle, Jr.
Fordham Urban Law Journal
Federal Rule of Civil Procedure 24(a)(2) entitles charging parties to intervene as of right in Section 10(j) proceedings for preliminary injunctive relief. The Scottex court's analysis and its determination that the charging party's Rule 24(a)(2) motion to intervene was due to be granted, were correct. The Scottex analysis comports with the federal labor law scheme and is the only analysis that takes proper account of the Supreme Court's decision in Trbovich. Moreover, it is the only analysis that is consistent with the text and purposes of both Rule 24(a)(2) and Section 100.