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Full-Text Articles in Law
Happy Belated Labor Day, Commissioner Goodell, Michael J. Goldberg
Happy Belated Labor Day, Commissioner Goodell, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Review And Assessment Of Collective Labor Law In Eight Central European Countries, Barbara Fick
Review And Assessment Of Collective Labor Law In Eight Central European Countries, Barbara Fick
Barbara Fick
No abstract provided.
Democracy In The Private Sector: The Rights Of Shareholders And Union Members, Michael Goldberg
Democracy In The Private Sector: The Rights Of Shareholders And Union Members, Michael Goldberg
Michael J Goldberg
In the years since Enron, there has been a lively debate over the value of shareholder democracy as a means to improve corporate performance and reduce the likelihood of future Enrons or Lehman Brothers. That debate has been enriched by comparative scholarship looking at corporate governance abroad, and comparing corporate governance with public government. This Article explores a different comparison, between corporations and their sometime adversaries across bargaining tables and picket lines – labor unions. More specifically, this article compares the regulation of corporate governance and the regulation of the internal affairs of unions, and the rights of shareholders and …
The Union As Broker Of Employment Rights, Stewart Schwab
The Union As Broker Of Employment Rights, Stewart Schwab
Stewart J Schwab
Most employment laws give inalienable rights to workers. An individual worker cannot trade the right to $7.25 per hour for a greater pension, for example, nor trade a longer-than-five-year pension-vesting schedule for greater pay. Employees can waive some employee rights, but policymakers are hesitant to allow this for fear the individual employee’s lack of bargaining power or inability to assess the value of rights will mean an alienable right is no right at all. This suggests a role for unions as a broker of rights. A union presumably has greater bargaining power, greater experience than individual employees, and greater ability …
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Stewart J Schwab
No abstract provided.
Union Raids, Union Democracy, And The Market For Union Control, Stewart J. Schwab
Union Raids, Union Democracy, And The Market For Union Control, Stewart J. Schwab
Stewart J Schwab
In this article, Professor Schwab compares the union member-leader relationship to the corporate shareholder-manager relationship and examines what can be learned from the voluminous literature regarding corporate control about problems of internal union democracy. Specifically, he questions whether a viable market for union control does or could exist that might induce leaders to act in the interests of their members. He analyzes the structural weaknesses in the market for union control and the legal factors inhibiting a union takeover market. Schwab concludes that a weak market does exist, despite the nonprofit nature of unions that limits the ability of leaders …