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Articles 1 - 20 of 20
Full-Text Articles in Law
Mediation Research: Studying Transformative Effects, Joseph P. Folger
Mediation Research: Studying Transformative Effects, Joseph P. Folger
Hofstra Labor & Employment Law Journal
No abstract provided.
Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce
Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce
Hofstra Labor & Employment Law Journal
No abstract provided.
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
Hofstra Labor & Employment Law Journal
Most observers would say that the employment relationship is regulated largely by statutes. This Article argues that the statutory regulation of the employment relationship, and its correction of market failures, is disappearing under the cloak of judicial decisions upholding contracts which, in one form or another, find individuals to have waived their and the public's statutory rights. In a variation on the nineteenth century's transformation of the employment relationship from status to contract, we have the contemporary move from statute to contract. Part I of this Article examines how contractual waivers operate within the framework of the statutory regulation of …
The Legitimacy Of Labor Unions, Peter Levine
The Legitimacy Of Labor Unions, Peter Levine
Hofstra Labor & Employment Law Journal
Labor unions do not have a well-understood rationale, as do capitalist enterprises, strictly voluntary associations, and democratic states. They are nonprofit associations, but also coercive economic agents; working-class communities, but also powerful special interests; embodiments of rights, but also incompatible with certain individual freedoms. These tensions result in an ambivalent legal status. For instance, unions may collect fees from (and negotiate contracts for) certain employees without obtaining their individual consent, yet no one can be required to belong to a union. Unions are exempt from antitrust laws and may restrain competition, but only in particular ways. We cannot assess these …
Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley
Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley
Hofstra Labor & Employment Law Journal
No abstract provided.
The Failure Of The Family And Medical Leave Act: Alternative Proposals For Contemporary American Families, Marc Mory, Lia Pistilli
The Failure Of The Family And Medical Leave Act: Alternative Proposals For Contemporary American Families, Marc Mory, Lia Pistilli
Hofstra Labor & Employment Law Journal
No abstract provided.
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Hofstra Labor & Employment Law Journal
No abstract provided.
Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi
Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi
Hofstra Labor & Employment Law Journal
The transformative model of mediation, although well established in the mediation of family and community disputes, is a relatively new approach to dispute resolution in employment settings. In contrast to traditional mediation approaches that focus on problem-solving, transformative mediation seeks to provide opportunities for empowerment and recognition among the disputing parties. In 1998, the United States Postal Service ("USPS") implemented a nation-wide mediation program called REDRESS (TM) (Resolve Employment Disputes Reach Equitable Solutions Swiftly) based on this model. This study takes the form of a process evaluation. It focuses on this question: How well does employment mediation practice in the …
The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann
The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann
Hofstra Labor & Employment Law Journal
No abstract provided.
Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan
Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan
Hofstra Labor & Employment Law Journal
No abstract provided.
The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly
The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly
Hofstra Labor & Employment Law Journal
No abstract provided.
Revitalizing The Flsa, Scott D. Miller
Revitalizing The Flsa, Scott D. Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich
You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich
Hofstra Labor & Employment Law Journal
No abstract provided.
Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush
Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush
Hofstra Labor & Employment Law Journal
The several articles in this Symposium represent a unique and multifaceted examination of the largest workplace conflict mediation program in the United States-the United States Postal Service's ("Postal Service") REDRESS Tm Program. Begun on a pilot basis in 1994 as part of the settlement of a class-action discrimination lawsuit, REDRESST was subsequently expanded to a nationwide program for mediation of discrimination claims, available to all of the Postal Service's over 800,000 employees. However, it is not only the size of the REDRESSTM Program that makes it a remarkable development in the field of workplace conflict resolution-and the field of mediation …
Reports, Awards And Opinions 2001-2002-2, Eric J. Schmertz
Reports, Awards And Opinions 2001-2002-2, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Lawrence Union Free School District, National Grid USA Service, Incorporated, the New York Racing Association, Incorporated, among others.
Reports, Awards And Opinions 2001-2002-4, Eric J. Schmertz
Reports, Awards And Opinions 2001-2002-4, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Massachusetts Electric Company and Narragansett Electric Company, and members of Utility Workers Union of America, AFL-CIO, Brotherhood of Utility Workers Council, Local Unions Nos. 310, 317, 322, 329 and 330, among others.
Reports, Awards And Opinions 2001-2002-3, Eric J. Schmertz
Reports, Awards And Opinions 2001-2002-3, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Datatech Systems, GE Customer Home Services, and Local 1066, international longshoremen's association, AFI-CIO, among others.
Reports, Awards And Opinions 2001-2002-1, Eric J. Schmertz
Reports, Awards And Opinions 2001-2002-1, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Crystal Art Corporation and Workpros, Incorporated, 4C Food, Corporation, and general Electric Company, among others.
The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker
The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker
Hofstra Labor & Employment Law Journal
No abstract provided.
"Thinking Within The Box": How Proof Models Are Used To Limit The Scope Of Sexual Harassment Law, Cheryl L. Anderson
"Thinking Within The Box": How Proof Models Are Used To Limit The Scope Of Sexual Harassment Law, Cheryl L. Anderson
Hofstra Labor & Employment Law Journal
No abstract provided.