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Articles 61 - 90 of 97
Full-Text Articles in Law
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Anthony B Sanders
Multiemployer collective bargaining relationships between unions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers’ employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the association has …
Senate Gridlock Cripples Nlrb, Michael Goldberg
Senate Gridlock Cripples Nlrb, Michael Goldberg
Michael J Goldberg
No abstract provided.
In Defence Of Transnational Domestic Labor Regulation, David J. Doorey
In Defence Of Transnational Domestic Labor Regulation, David J. Doorey
David J. Doorey
“Transnational domestic labor regulation” (TDLR) is unilateral regulation introduced by a national government that is designed to influence labor practices in foreign jurisdictions. Many governments already use a variety of measures to try and influence foreign labor practices. TDLR has the potential to empower foreign workers and influence the balance of power in foreign industrial relations system in ways that might lead to improvements in labor conditions over time. Particularly interesting is the potential for TDLR to harness or steer the many private sources of labor practice governance already active in shaping labor conditions within global supply chains. However, whether …
Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg
Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg
Michael J Goldberg
This article describes and analyzes the contributions of Professor Clyde W. Summers to the development of union democracy law in the United States and his contributions to the movement dedicated to bringing more democratic practices to American unions. The first part of the article evaluates Summers' writings on the importance of democracy in the labor movement. The second part describes Summers' work as both a scholar and public policy activist shaping the law of union democracy, including his critical role in the drafting of the Labor-Management Reporting and Disclosure Act of 1959. The final part of the article examines Summers …
Protecting Workers From Genetic Discrimination, Karen H. Rothenberg
Protecting Workers From Genetic Discrimination, Karen H. Rothenberg
Karen H. Rothenberg
No abstract provided.
The Incentives Matrix: The Comparative Effectiveness Of Rewards, Liabilities, Duties And Protections For Reporting Illegality, Yuval Feldman
The Incentives Matrix: The Comparative Effectiveness Of Rewards, Liabilities, Duties And Protections For Reporting Illegality, Yuval Feldman
Yuval Feldman
Social enforcement is becoming a key feature of regulatory policy. Increasingly, statutes rely on individuals to report misconduct, yet the incentives they provide to encourage such enforcement vary significantly. Despite the clear policy benefits that flow from understanding the factors that facilitates social enforcement, i.e., the act of individual reporting of illegal behavior, the field remains largely understudied. Using a series of experimental surveys of a representative panel of over 2000 employees, this article compares the effect of different regulatory mechanisms - monetary rewards, protective rights, positive obligations, and liabilities - on individual motivation and behavior. By exploring the interplay …
The Way To Save Card Check, Michael J. Goldberg
The Way To Save Card Check, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen
David S. Bogen
No abstract provided.
Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss
Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss
Marley S. Weiss
Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
David S. Bogen
No abstract provided.
Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda
Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda
Angela Tokuda
As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …
Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison
Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison
Kenyon D Harbison
If you’re like me, you become bound by a new arbitration agreement almost every day, sometimes without even knowing it. They are included with banking and credit card statements, in most employment contracts, and in most purchase agreements. When we make purchases online we ‘click’ our assent to them without reading them. When we receive them in the mail we signal our assent by failing to opt out. But what happens when we are injured, defrauded, or cheated, try to sue, and find we are instead subject to arbitration? What standards can we expect courts to apply if we challenge …
In The Cause Of Union Democracy, Michael J. Goldberg
In The Cause Of Union Democracy, Michael J. Goldberg
Michael J Goldberg
This article is part of a symposium entitled "The Employment and Labor Law Professor as Public Intellectual: Sharing our Work with the World," based on presentations at the 2008 meeting of the Association of American Law Schools. The article describes the cause to which I have devoted a good part of my career, both inside and outside the halls of academia: the struggle to make the labor movement more democratic and more responsive to its members. While this piece briefly describes how I became involved in this cause, and how my work on its behalf has contributed to both my …
Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros
Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros
Maria L. Ontiveros
This paper explains the reasons that traditional United States labor and employment laws are incapable of effectively addressing the types of workplace problems confronting female immigrant workers. It critiques the protections supposedly offered by the free market, labor standards, antidiscrimination laws and collective bargaining. It argues that statutory exclusion, immigration issues, nonrecognition of injury, and cultural limitations thwart the effectiveness of traditional approaches. It then describes a variety of initiatives and approaches being taken at the domestic and international level that more effectively address these problems. These initiatives include the use of the Thirteenth Amendment and antitrafficking legislation, as well …
Rights Of Union Members Within Their Unions, Michael Goldberg
Rights Of Union Members Within Their Unions, Michael Goldberg
Michael J Goldberg
No abstract provided.
Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista
Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista
Connie de la Vega
This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …
Internal Union Elections, Michael Goldberg
Inside Baseball At The Nlrb: Chairman Gould And His Critics, Michael J. Goldberg
Inside Baseball At The Nlrb: Chairman Gould And His Critics, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Derailing Union Democracy: Why Deregulation Would Be A Mistake, Michael J. Goldberg
Derailing Union Democracy: Why Deregulation Would Be A Mistake, Michael J. Goldberg
Michael J Goldberg
This article is a response to Prof. Samuel Estreicher’s article, Deregulating Union Democracy, 21 J. LAB. RES. 247 (2000). It argues against Estreicher’s call for the deregulation of internal union affairs by repealing the Labor-Management Reporting and Disclosure Act of 1959 on several grounds. First, it disputes some of Estreicher’s basic assumptions about the nature and effectiveness of union democracy legislation, in part because Estreicher views unions strictly as economic entities and overlooks their important political and social functions, and in part because he is mistaken when he dismisses the current scheme of regulating internal union affairs as completely ineffectual. …
Union Democracy, American Democracy, And Global Democracy: An Overview And Assessment, Michael Goldberg
Union Democracy, American Democracy, And Global Democracy: An Overview And Assessment, Michael Goldberg
Michael J Goldberg
No abstract provided.
An Overview And Assessment Of The Law Regulating Internal Union Affairs, Michael J. Goldberg
An Overview And Assessment Of The Law Regulating Internal Union Affairs, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Law, Labor And The Mainstream Press: Labor Day Commentaries On Labor And Employment Law, 1882-1935, Michael J. Goldberg
Law, Labor And The Mainstream Press: Labor Day Commentaries On Labor And Employment Law, 1882-1935, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
My Career As A Chocolatier, Ann Bartow
My Career As A Chocolatier, Ann Bartow
Ann Bartow
This essay is a first-hand account of experience in a world that many in the legal profession have never glimpsed. Not the typical law journal fare, it neither espouses nor condemns a legal position. Although this piece provides commentary on employment law issues facing factory workers, it also attempts to provide insight into the working conditions of many American women.
Employment Arbitration And Voluntary Consent, Stephen Ware
Employment Arbitration And Voluntary Consent, Stephen Ware
Stephen Ware
The boom in non-union employment arbitration has caused great concern about protecting employees' access to courts. Virtually every commentator agrees that employment disputes should be litigated, rather than arbitrated, unless the employee has voluntarily consented to arbitration. While courts and commentators agree that an employee's voluntary consent is a prerequisite to employment arbitration, they do not agree on what constitutes voluntary consent. This article proposes a method of determining what constitutes voluntary consent to employment arbitration. The method proposed is simply application of ordinary contract law doctrines. The article develops the theoretical underpinnings of the contractual approach to arbitration and, …
Top Officers Of Local Unions, Michael Goldberg
Top Officers Of Local Unions, Michael Goldberg
Michael J Goldberg
No abstract provided.
The Teamsters Board Of Monitors: An Experiment In Union Reform Litigation, Michael Goldberg
The Teamsters Board Of Monitors: An Experiment In Union Reform Litigation, Michael Goldberg
Michael J Goldberg
No abstract provided.
Cleaning Labor's House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg
Cleaning Labor's House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
The Propensity To Sue And The Duty Of Fair Representation: A Second Point Of View, Michael J. Goldberg
The Propensity To Sue And The Duty Of Fair Representation: A Second Point Of View, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
The Steward's Legislative Role In Workplace Government: A Proposal For Immunity From Employer Discipline, John F. Nivala
The Steward's Legislative Role In Workplace Government: A Proposal For Immunity From Employer Discipline, John F. Nivala
John F. Nivala
The author develops the model of collective bargaining relationships as a form of workplace government. In light of this model, he discusses the representational and legislative role of the steward within the workplace and reviews in some depth the problems involved in balancing the steward's responsibilities against the rights of the employer. Finally, he proposes a new standard for achieving that balance patterned after a legislative immunity model.
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
John F. Nivala
No abstract provided.