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Labor and Employment Law

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Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler Mar 2012

Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler

Thomas C. Kohler

It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …


Employer Neutrality?, Thomas Kohler Dec 2011

Employer Neutrality?, Thomas Kohler

Thomas C. Kohler

It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …


The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal Dec 2010

The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal

Sujit Choudhry

Under Canada’s Employment Insurance (EI) program, access to unemployment benefits varies according to the regional unemployment rate. Previous studies have shown that this regime works to the disadvantage of certain provinces and urban areas. In this paper we measure the impact of the variable regional entrance requirements on specific minority workers, including visible minorities, linguistic minorities, recent immigrants, and naturalized citizens. We find that over the period 2000-2010, the regional variation in access to EI results in certain minority workers being required to work modestly more hours to qualify for EI than the average worker. Though the findings with regard …


Restatement - Technique And Tradition In The United States, Thomas Kohler Dec 2007

Restatement - Technique And Tradition In The United States, Thomas Kohler

Thomas C. Kohler

This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …


Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler Dec 2002

Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Remarks (As Panelist), Thomas Kohler Dec 1995

Remarks (As Panelist), Thomas Kohler

Thomas C. Kohler

No abstract provided.


Report For Recommendation 91-5: The Labor Board's First Rulemaking: An Exercise In Pragmatism, Mark Grunewald Dec 1990

Report For Recommendation 91-5: The Labor Board's First Rulemaking: An Exercise In Pragmatism, Mark Grunewald

Mark H. Grunewald

No abstract provided.


Mécanismes De Participation Des Travailleurs Aux Etats-Unis, Thomas Kohler, Julius Getman Dec 1982

Mécanismes De Participation Des Travailleurs Aux Etats-Unis, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.


Empiricism In Nlrb Election Regulation: Shopping Kart And General Knit In Retrospect, Mark Grunewald Dec 1980

Empiricism In Nlrb Election Regulation: Shopping Kart And General Knit In Retrospect, Mark Grunewald

Mark H. Grunewald

No abstract provided.