Law Commons^™

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

Sara Slinn

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Michael Z. Green

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

Union Co-Ops And The Revival Of Labor Law, Ari R. Levinson

Ariana R. Levinson

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Erwin Chemerinsky

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …

The Looming War On Trade Unions, Rowan Cahill

Rowan Cahill

In October 2013, the right-wing journal Quadrant published the book Australia’s Secret War, an account by Hal Colebatch of homefront industrial disruptions by Australian trade unions during the Second World War. Described as a secret history rescued from ‘folk memory’ – and one previously suppressed by leftists – it detailed ‘treacherous’ industrial actions by unionists that denied/delayed vital war materials to the frontlines between 1939 and 1945, resulting in the deaths of service personnel. These actions, the argument went, pointed to a deliberate and coordinated attempt at sabotaging the war effort courtesy of the communist leaderships of the unions involved. …

Bringing Unions Back In: Labour And Left Governments In Latin America, Maria Lorena Cook, Joseph C. Bazler

Maria Lorena Cook

In the 2000s an unprecedented wave of left-party victories in presidential elections swept across Latin America. Although scholars have studied variation among left regimes and how these regimes differ from neoliberal-era predecessors, few have addressed the role of labour unions and labour policy under the Left. We argue that ‘bringing unions back in’ to the analysis of left governments’ performance sharpens distinctions with neoliberal governments and unsettles existing typologies. We review the labour policies of left governments in four countries—Chile, Brazil, Uruguay, and Argentina—to show how a labour lens enriches our understanding of left governments in the region.

Building Social Movement Unionism: The Transformation Of The American Labor Movement, Lowell Turner, Richard W. Hurd

Lowell Turner

[Excerpt] In the United States, the renewed energy displayed by the labor movement is particularly promising. From organizing drives to strike victories to legislative campaigns, labor's renewed influence in the American political economy is clearly seen. A labor movement that was left for dead by many in the Reagan era has developed new leadership and innovative strategies for rank-and-file mobilization and political clout. In a global economy dominated to a large extent by American-based multinational corporations, the world needs a strong American labor movement. The goal of the new activists, young and old, who drive today's labor campaigns, is the …

Teaching Local 1330: Reflections On Critical Legal Pedagogy, Karl Klare

Karl E. Klare

In the Steelworkers Local 1330 v. U. S. Steel Corporation case, workers attempted to prevent or delay the company’s planned shutdown of a steel plant inYoungstown,Ohio, so that the employees could purchase the plant and keep it in operation. Their effort was unsuccessful, and the plant-closure did occur causing widespread human suffering and economic deterioration inYoungstown and its environs. The case remains of great legal interest because of the workers’ exceptionally creative and thoughtful legal claims. These include the assertion, rejected by the court, that the workers and/or surrounding community acquired a property interest in the plant by virtue of …

A War Against Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

[Excerpt] Unless Congress passes serious labor law reform with real penalties, only a small fraction of the workers who seek union representation will succeed. If recent trends continue, there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain. Our country cannot afford to make workers defer their rights and aspirations for union representation any longer.

The Great Recession, The Resulting Budget Shortfalls, And The Attack On Public Sector Collective Bargaining In The United States, Kenneth G. Dau-Schmidt, Winston Lin

Kenneth G. Dau-Schmidt

In this paper, we outline the recent attack on public sector unions’ power in the American economy and the accompanying changes, as well as proposed changes, in American law. We will briefly describe the impact of the recent financial crisis on the American economy, the balance sheets of American state and national governments, and the opportunism of the American plutocracy in using this crisis to propose and enact legislation to undermine the institution of collective bargaining and political proponents for the middle and lower classes. In particular, we will discuss the recent efforts in Indiana, Wisconsin, Ohio, and Michigan to …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Of Courage, Tumult, And The Smash Mouth Truth, Michael C. Duff

Michael C Duff

In this paper I argue that no labor movement is possible until workers understand and accept the inevitability of labor-management conflict. I support my contention drawing broadly on history surrounding the New Deal and on my own experiences as a union organizer and labor lawyer.

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Lance A Compa

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Lance A Compa

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …

Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd

Richard W Hurd

[Excerpt] The ideological foundations of traditional U.S. trade unionism have been called into question by world and domestic events. The post-World War II labor movement, founded on a social truce with capital and the apparent inevitability of a rising living standard, has hit a bulkhead-piercing iceberg of dramatic proportions. The global economy, economic restructuring, deregulation, and privatization have wrought destruction on U.S. unions. In the wake of this devastation, it has become common, even for union leaders, to define unionism in objectively negative terms (e.g., without a union, you have no protection from arbitrary management). As a movement, we have …

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Richard W Hurd

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …

Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion American …

Political Will, Local Union Transformation, And The Organizing Imperative, Bill Fletcher, Richard Hurd

Richard W Hurd

[Excerpt] As part of its ongoing commitment, SEIU has devoted increasing attention to the challenge of getting local unions to embrace organizing and to allocate sufficient resources to the task. In this context, the unions 1992 national convention adopted two key resolutions: one to affirm the centrality of organizing, the second to assist leadership development with targeted educational programs. In the months following the convention, a discussion unfolded among national staff regarding appropriate steps required to assist local union leaders committed to change. Although internal organizing and initiatives to develop leadership skills among women and people of color were encouraged, …

Revival Of The American Labor Movement: Issues, Problems, Prospects, Lowell Turner, Harry C. Katz, Richard W. Hurd

Richard W Hurd

[Excerpt] The purpose of this book is to examine union revitalization efforts: to identify central developments, to analyze strengths and weaknesses in the new initiatives, and to assessprogress made and prospects for the future. We ask questions such as: Can union decline be reversed? Are there serious indications of revitalization beyond new leadership and publicity? What accounts for successes and failures so far, and what strategies have shown the most promise for future success? Can innovations in areas such as vocational training consortia contribute to labor movement revitalization? Are there ways to reconcile the contradictions between an "organizing model" of …

Building Social Movement Unionism: The Transformation Of The American Labor Movement, Lowell Turner, Richard W. Hurd

Richard W Hurd

[Excerpt] In the United States, the renewed energy displayed by the labor movement is particularly promising. From organizing drives to strike victories to legislative campaigns, labor's renewed influence in the American political economy is clearly seen. A labor movement that was left for dead by many in the Reagan era has developed new leadership and innovative strategies for rank-and-file mobilization and political clout. In a global economy dominated to a large extent by American-based multinational corporations, the world needs a strong American labor movement. The goal of the new activists, young and old, who drive today's labor campaigns, is the …

Unionization Of Professional And Technical Workers: The Labor Market And Institutional Transformation, Richard W. Hurd, John Bunge

Richard W Hurd

[Excerpt] Established institutions that serve the interests of white-collar workers find themselves at a critical juncture. On the one hand they can foresee the potential to augment membership and influence. On the other hand, they confront the reality of reconfigured labor markets. Growth (and indeed survival) is contingent upon being able to adapt to the changing needs and interests of professional and technical workers. The combination of technological advances and alterations in the functioning of white-collar markets suggests strategic reconceptualization and institutional transformation. This chapter explores the attitudes of professional and technical workers toward their jobs and labor market organizations …

Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] The American labor movement is at a watershed. For the first time since the early years of industrial unionism sixty years ago, there is near-universal agreement among union leaders that the future of the movement depends on massive new organizing. In October 1995, John Sweeney, Richard Trumka, and Linda Chavez-Thompson were swept into the top offices of the AFL-CIO, following a campaign that promised organizing "at an unprecedented pace and scale." Since taking office, the new AFL-CIO leadership team has created a separate organizing department and has committed $20 million to support coordinated large-scale industry-based organizing drives. In addition, …

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Kate Bronfenbrenner

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too often …

The Way To Save Card Check, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis

Kenneth G. Dau-Schmidt

In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next we discuss the impact of the new information technology and global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …