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Full-Text Articles in Law
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra, Kenneth G. Dau-Schmidt
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The NLRA system of collective bargaining was born during the industrial age of the early twentieth century. As a result, key terms in the statute such as "employee," "employer," and "appropriate bargaining unit" were first interpreted in the context of long-term employment and large vertically integrated firms that dominated this era. Beginning in the late 1970s, the new information technology wrought a revolution in the organization of production increasing short-term contingent employment and the organization of firms horizontally in trading and subcontracting relationships across the globe. To maintain the relevance of collective bargaining to the modern workplace, the interpretation of …
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Articles by Maurer Faculty
No abstract provided.
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth G. Dau-Schmidt, Winston Lin
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth G. Dau-Schmidt, Winston Lin
Articles by Maurer Faculty
American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Articles by Maurer Faculty
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
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
Articles by Maurer Faculty
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 new information technology and the 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 …
The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt
The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Articles by Maurer Faculty
In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Articles by Maurer Faculty
This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.
Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein
Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein
Articles by Maurer Faculty
No abstract provided.
Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel
Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
Articles by Maurer Faculty
No abstract provided.
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Articles by Maurer Faculty
No abstract provided.
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Protection Of The German System Of Controlling Employment By Collective Agreement, Ralph F. Fuchs
Protection Of The German System Of Controlling Employment By Collective Agreement, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The French Law Of Collective Labor Agreements, Ralph F. Fuchs
The French Law Of Collective Labor Agreements, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Frankfurter, F. And N. Greene, The Labor Injunction, Jerome Hall
Book Review. Frankfurter, F. And N. Greene, The Labor Injunction, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Collective Labor Agreements In German Law, Ralph F. Fuchs
Collective Labor Agreements In German Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Collective Labor Agreements In American Law, Ralph F. Fuchs
Collective Labor Agreements In American Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.