Law Commons^™

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Stephen Rushin

No abstract provided.

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

Ariana R. Levinson

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

Regulating Strikes In Essential Services - Canada, Eric Tucker

Eric M. Tucker

This chapter was written as a part of a comparative law project examining the regulation of strikes in essential services. It describes and analyses Canada's experience with strikes in essential services, including the historical development of essential service strike regulation, Canada's shifting understanding of essentiality and, most recently, the implications of constitutional labour rights, including the right to strike, for essential service strike regulation. It also looks at the law in action through a consideration of the application of these laws in their specific contest.

Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker

Eric M. Tucker

Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where …

The Nlrb In Administrative Law Exile: Problems With Its Structure And Function And Suggestions For Reform, Catherine L. Fisk, Deborah C. Malamud

Catherine Fisk

No abstract provided.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.

First Contract Arbitration And The Employee Free Choice Act, Catherine L. Fisk, Adam R. Pulver

Catherine Fisk

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.

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross

Stephen F Ross

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance …

Accommodating Labor And Antitrust, Stephen Ross

Stephen F Ross

In this article, the author comments on Professor Michael LeRoy's article "Federal Jurisdiction in Sports Labor Disputes" (2012 Utah L. Rev. 815) and explains why he disagrees with the claim that federal courts improperly invoke the Sherman Act in sports labor disputes.

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. Mcfarlin, Joshua S.E. Lee

Jaimie K. McFarlin

This article serves to discuss the current landscape of professional sports discipline and commissioner power in the NFL & NBA, specifically understanding the discipline of management and ownership in the major leagues as compared to player discipline when franchise ownership interests and commissioner power conflict. Furthermore, these particular events illuminate the differences between discipline in professional sports and non-sports contexts.

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 …

Collective Bargaining And The Coase Theorem, Stewart J. Schwab

Stewart J Schwab

No abstract provided.

Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman

Cynthia Grant Bowman

No abstract provided.

Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas

Tory L. Lucas

Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert

William A. Herbert

The National Center for the Study of Collective Bargaining in Higher Education and the Professions (National Center) is a four-decade old institution that is supported by and located at Hunter College, City University of New York. The National Center was founded in the wake of the granting of collective bargaining rights by various states and localities to public employees including higher education faculty members and shortly after the National Labor Relations Board (NLRB) asserted jurisdiction over private institutions of higher education. Consistent with its mission, the National Center intends to be an engine for rekindling, incubating and promoting research and …

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.

The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett

William R. Corbett

No abstract provided.

Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern

David B Lipsky

The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.

A Post-Pyett Collective Bargaining Agreement To Arbitrate Statutory Discrimination Claims: What Is It Good For–Could It Be Absolutely Nothing Or Really Something?, Michael Z. Green

Michael Z. Green

No abstract provided.

Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare

Karl E. Klare

This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the …

The Quest For Industrial Democracy And The Struggle Against Racism: Perspectives From Labor Law And Civil Rights Law, Karl E. Klare

Karl E. Klare

This Article is occasioned by the state of crisis which the labor and civil rights movements have simultaneously entered. It attempts to develop new ways of understanding the historical origins of the present crises. My purpose is to contribute to the discussion of class and race in American life by exploring a series of parallels, convergences, and connections between labor law and civil rights law. The particular focus of the Article is on certain limitations of collective bargaining law and an instrument for achieving democracy in the workplace and upon certain limitations of civil rights law as a process for …

Traditional Labor Law Scholarship & The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare

Karl E. Klare

No abstract provided.

Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl Klare

Karl E. Klare

No abstract provided.

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 …

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …

Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe

Alexander Colvin

The authors draw on strategic human resource and industrial relations theories to identify the sets of employee voice mechanisms and human resource practices that are likely to predict firm-level quit rates, then empirically evaluate the predictive power of these variables using data from a 1998 establishment level survey in the telecommunications industry. With respect to alternative voice mechanisms, they find that union representation predicts lower quit rates, even after they control for compensation and a wide range of other human resource practices that may be affected by collective bargaining. Also predicting lower quit rates is employee participation in offline problem-solving …

Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow

Matthew Parlow