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Free Labor Today, James G. Pope
Free Labor Today, James G. Pope
Rutgers Law School (Newark) Faculty Papers
During the first half of the 20th Century, the period when all of the United States’ major workers’ rights statutes were enacted, the American labor movement claimed the rights to organize and strike under the Thirteenth Amendment to the U.S Constitution. Beginning in 1909, it was the official policy of the American Federation of Labor that a worker confronted with an unconstitutional injunction had an “imperative duty” to “refuse obedience and to take whatever consequences may ensue.” At a time when union institutions were as weak as they are today, every attack on workers’ rights was met with an impassioned …
A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Transnational labor standards are modeled as cooperative solutions to the class of strategic dilemmas known as Stag Hunts, in which all actors would gain from a cooperative solution, but only if all cooperate. If you think a partner will defect, your best strategy is also to defect. Intuitively, India, Pakistan, and Bangladesh will all be better off if none of their children work and all go to school; however if one defects from this agreement it will capture a stream of foreign investment linked to child labor. Understanding Stag Hunts explains why transnational labor standards are found both in genuinely …
Who Speaks For The Working Poor?: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Recent advocacy campaigns for low-wage service workers in New York City reveal a new pattern of representation by legal avocacy groups (like National Employment Law Project or law school clinics), governmental actors (like the state Attorney General or New York City Council), and immigrant rights groups. Such campaigns have won important economic and legal victories for Mexican workers in Korean greengroceries, West African delivery personnel for supermarkets and drug chains, and domestic workers. They have not, however, institutionalized workplace or political representation for these groups. Unions have either been passive, outmaneuvered, or played negative roles in these campaigns. This pattern …
Employment Discrimination In A High Velocity Labor Market, Alan Hyde
Employment Discrimination In A High Velocity Labor Market, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Silicon Valley employers employ few African-Americans, Latino/as, or older workers, yet do not fit the usual paradigms of employment discrimination: they exhibit no taste for uniformity and do not employ job tournaments or internal labor markets. A new model of employment discrimination attributes disparate hiring in Silicon Valley to a combination of: demands for specific skill sets at hiring (the opposite of the subjective criteria that have long beguiled scholars of discrimination) and concomitant refusal to train; hiring through networks of personal contacts; and rewards to career paths that alternate employment with self-employment. Overcoming the disparate impact of these employment …
How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope
How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope
Rutgers Law School (Newark) Faculty Papers
This essay recounts the origins of five statements of labor law made by the Supreme Court, each of which has had a devastating impact on the American labor movement. The five statements are: (1) Workers have no right of self-defense against employers that commit unfair labor practices (NLRB v. Fansteel Metallurgical Corporation); (2) Employers enjoy the right permanently to replace economic strikers (NLRB v. Mackay Radio & Telegraph Company); (3) The National Labor Relations Board has no power to deter unfair labor practices (Consolidated Edison Company v. NLRB); (4) Employers may exclude union organizers from their property (Lechmere, Inc. v. …