Law Commons^™

Employee Ownership After Privatization: Governance Institutions And Firm Performance In Romania, John S. Earle, ÁLmos Telegdy

Reports

This paper studies the governance institutions and performance consequences of privatization through management-employee buyout (MEBO) in Romania. Detailed firm-level survey data are used to analyze ownership rights practices concerning voting, dividend payment, and sales of shares, and to study the continued role of the state through restructuring restrictions in the privatization contracts, difficulties in installment payment, and possible renationalization of shares. Comprehensive privatization and registry data are used to estimate the productivity performance of industrial MEBOs, compared with mass transfers to dispersed individuals, sales to domestic and foreign blockholders, and continued ownership by the state. We find that the ownership …

Re Canada Post Corp And Cpaa (Macmillan), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed June 29, 1999 and bearing the expiry date December 31, 2001, which the parties agreed applies here, and in particular of Article 6, in that the Grievor was discharged without just reasonable and sufficient cause. On behalf of the Grievor, the Union requested an order that the Grievor be reinstated on sick leave with any long-term disability benefits to which he was entitled effec­tive the day of his discharge but with no pay and no order that he return to work other than in a supervised environment.

Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie

Innis Christie Collection

Employee grievance dated September 27, 2000, alleging breach of Article 16 and all other relevant Articles of the Collective Agreement between the Employer and the predecessor Union, the United Steelworkers of America, Local 1015, signed April 23, 1999, which the parties agreed is the Collective Agreement for purposes of this matter, in that the Grievor's claim for short-term disability payments was disallowed by Maritime Life Assurance Company, the administrator/insurer of the Employer's "Flex" (or "Flexible") Benefits Plan.

Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons

Tools for Inclusion Series, Institute for Community Inclusion

How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.

Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of rent extraction in executive compensation. Under the optimal contracting view of executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value by designing an optimal principal-agent contract. Under the alternative rent extraction view that we examine, the board does not operate at arm's length; rather, executives have power to influence their own compensation, and they use their power to extract rents. As a result, executives are paid more than is optimal for shareholders and, …

Re Rk Macdonald Nursing Home Corp And Caw, Local 2107, Innis Christie

Innis Christie Collection

The four Grievors were in receipt of Long Term Disability (LTD) benefits and also in receipt of Supplementary Health Expense Benefits under their Maritime Life Policy. The Grievors were terminated for innocent absenteeism. The LTD payments continued, but the supplementary benefits stopped because they were no longer employees.

Re Annapolis Valley Regional School Board And Nstu, Innis Christie

Innis Christie Collection

The Employer failed to place the Grievor on "leave for injury on duty" with full salary after she became ill, allegedly as a result of workplace conditions which aggravated her asthma. The Union requests the Grievor be paid her full salary and benefits for the sick leave period and that all sick leave, used by her for this purpose, be restored. The issues are whether the Grievor's asthma and/or its aggravation was an "injury in the performance of her duties" and , if so, whether that injury prevented the Grievor from working. The Employer agrees the Grievor was ill, but …

Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton

U.S. Supreme Court Briefs

No abstract provided.

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.

A Tale Of Three Statutes . . . (And One Industry): A Case Study On The Competitive Effects Of Regulation, Rafael Gely

Faculty Publications

The comparison of the three labor regulatory regimes raises an interesting counterexample to the traditional model of regulation. Instead of adopting a one-size-fits-all model, could a regulatory model be conceptualized where a menu of regulatory options is made available to the target population? Under such an approach those affected by the regulatory regime will choose among the various regulatory options and adopt those that better fit their particular situations. Part IV.B develops the basic parameters of this proposal. The article ends with a brief conclusion.

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped the …

Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 7: Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel

Research to Practice Series, Institute for Community Inclusion

Individual control over service delivery and life choices is well established as a value in supports for individuals with developmental disabilities. One strategy for expanding choice is mechanisms that allow consumers to direct their funding. This brief reports on the prevalence of these options in state MR/DD agencies for 1999.

Re Canada Post Corp And Cupw (105-95-00518), Innis Christie

Innis Christie Collection

There are six grievances. The Union alleges that the Employer breached the Collective Agreement by the assignment of duties without following the program of work established locally, changed some duties without meaningful consultation and did not ensure that employees assigned to coding duties were not required to code for entire shifts. The Union also requested that employees who had been improperly assigned be compensated.

The grievance fails. The Employer did not have temporary employees trained to code. This reduced the scheduling options. The lack of consultation was considered insignificant.

Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart

Research to Practice Series, Institute for Community Inclusion

Research shows that access to postsecondary education makes an enormous difference in the employability of people with disabilities. This brief focuses on the rehabilitation outcomes of people who received education supports from Vocational Rehabilitation agencies.

Re Canada Post Corp And Cupw (106-00-00003), Innis Christie

Innis Christie Collection

This is an award respecting preliminary objections raised by the Employer on matters of timeliness and an assertion that the Arbitrator had already dealt with this matter in two other decisions.

The grievance fails. The Employer's right to object on the basis of timeliness is waived because the Employer dealt with the grievance on its merits, and did not otherwise indicate an objection on timeliness until the eve of the hearing. The Employer's objection based on previous judgement is rejected because the matter in question is one of retained jurisdiction.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Union contends that the Employer breached the Agreement by depriving employees of a rest day off (RDO), and changing work schedules without the meaningful consultation required by the Agreement. Further, the Union states that the scheduling changes carried out should have fallen under provisions for bidding. The Union asks that the employees affected by compensated by payment of double time for the day in question. The Employer position is that in changing the schedule it had acted within its rights and in accordance with the Agreement, and that it had attempted to conduct meaningful consultations with the Union, and …

Re Canada Post Corp And Cupw (096-00-00172), Innis Christie

Innis Christie Collection

Union grievances dated September 11, November 21 and December 12, 2000 on behalf of all employees at Letter Carrier Depots # 1 and #2 in Halifax and the Dartmouth Delivery Centre alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2000, in that the Employer violated Appendix D in that it failed to compensate letter carriers appropriately for delivering householder mail that had inserts which were not an integral part of the mailing piece.

The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

For many years, politicians and insurance companies could blithely proclaim that the U.S. had the best health care system in the world, but as its major shortcomings become more visible, Americans are finding it harder to accept this assertion. The 42.6 million people in the U.S. currently without health insurance are acutely aware that our health care system is not working for everyone, and there is growing recognition that the major problems of rising costs and lack of access constitute a real crisis. However, the search for solutions has not been easy or clear cut. Policymakers often attempt to address …

Judges, Prosecutors, Jurors, And Organized Labor: Four Perspectives Of Corporate Citizenship, Noel Beasley, Janine P. Geske, Valerie P. Hans, E. Michael Mccann, Frank Daily

Cornell Law Faculty Publications

Some people argue that the civil jury is in decline. They argue that it's not really so important to be focusing on jurors and jurors' views about corporate responsibility as it might have been in prior times. I want to raise some arguments in favor of the continuing importance of the civil jury. First of all, the cases that juries try may be very important cases in terms of the company and in terms of the role of the company vis-a-vis government regulation. Jurors are symbolic representatives of the public in the courtroom. Finding out what juries do when they …

Employment Law In A Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.

Re Queens County Residential Services Inc And Cupe, Loc 3373 (White), Innis Christie

Innis Christie Collection

Employee grievance dated February 15, 1999, alleging breach of Article 18.01 of the Collective Agreement between the Employer and the Union effective October 1, 1998 - March 31, 2002, in that the Employer did not credit the Grievor with service, and conse­quently vacation entitlement, during periods she was on maternity and parental leaves. The Union requested an order that the Grievor be credited with full service and vacation entitlement retroactively to her date of hire, June 5, 1990.

Re Canada Post Corp And Cupw (105-95-00468), Innis Christie

Innis Christie Collection

The Union claims that in the Employer's measurement of two "buddy" routes, values are missing. In response to the grievance, the Employer promised to add in the missing values, but the Union submits that no such adjustments have been made to the routes in issue, nor to others brought up with the Route Measurement Officers.

The Arbitrator awards that terms agreed upon by the parties shall be met, namely, that the Superintendent of Route Measurement shall re-run the data on three disputed routes. If any of the routes "busts" the Employer will make retroactive adjustments. If any route does not …

Re Canada Post Corp And Cupw (105-95-00491), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by failing to complete forms to reflect waiting times for two motorized routes. In response to an internal grievance, the Employer stated that the Union was mistaken; that time was allotted for waiting.

The grievance fails. While it may be logical that waiting time should be structured into these routes since it is the norm, the clear words of the Carrier Route Measurement Manual indicate that there is no waiting time on relays, and the Arbitrator cannot override the manual. The Employer's response to the Union was certainly in error, …