Law Commons^™

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Reproductive Technology Development Of Artificial Wombs And Its Prospective Impact On Employment Law: How Federal Legislation Must Redefine “Birth” After Ectogenesis To Rectify 29 U.S.C.A. § 2612 Of The Family And Medical Leave Act Of 1993, Daniel J. Burns

Daniel J Burns

There are countless issues stemming recent advancements in the field of reproductive technology. This article focuses specifically on redefining “birth” to appropriately reflect how external fetal gestation will inevitably impact the future of both maternity and paternity leave in the United States and provides recommendations on how to rectify the currently ambiguous federal legislation.

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

Risks Of Criminal Liability For Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …

Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

Decertifying Players' Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow

Nathaniel Grow

This article analyzes the National Football League (“NFL”) and National Basketball Association (“NBA”) lockouts of 2011, focusing in particular on the role union dissolution played in each work stoppage. Although the existing academic literature had generally concluded that players’ unions in the four major U.S. professional sports leagues were unlikely to disband during a labor dispute, the unions in both the NFL and NBA elected to dissolve in response to lockouts by ownership. This article provides an explanation for why the prior literature misjudged the role that union dissolution would play during the 2011 work stoppages, arguing that previous commentators …

The World Of Whistleblowing: From Jiminy Cricket To The Wicked Witch Of The West, Milton Heumann

Milton Heumann

In this exploratory study, we explore the world of whistleblowers and whistleblowing. This topic has produced a great deal of “buzz,” but little clear understanding of the contexts in which whistleblowers act, the paths that whistleblowers follow, or even a critical understanding of how whistleblowing ought to be understood as a social and legal practice.

This paper seeks to articulate some of these boundaries through a mixed method analysis. We have conducted a legal analysis, a review of extant quantitative data, and a series of interviews in order to be able to sketch a plausible picture of the current state …

A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T Ward Frampton

Nicholas Fram

College sports now generate billions of dollars every year, yet many of the athletes whose talent and labor sustains this enterprise live beneath the poverty line. In response to this basic inequality, several prominent commentators (and, significantly, college athletes themselves) have recently issued calls for fundamental changes. This Article offers a novel proposal for reform: under the labor law regimes of many states, college athletes are, in fact, “employees” entitled to collective bargaining rights. Prior scholarship has contemplated the status of college athletes under federal labor law. But this work has overlooked the basic fact that most college athletes go …

Risks Of Criminal Liability For Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …