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Reflections On The House Of Labor, Lee Modjeska
Reflections On The House Of Labor, Lee Modjeska
Vanderbilt Law Review
Much has been said of the deteriorating condition and possible fall of the house of labor.' This Essay contains some idiosyncratic reflections on certain aspects of the situation. Contrary to the mainstream of thought, my suspicion, to use Justice Frankfurter's words, is that those"economic and social concerns that are the raison d'etre of unions"remain dominant in our society, that unionism may be inevitable if not indispensable, and that our days of relative labor calm may be ending.National labor policy repeatedly has recognized the reality of modern society, viewed against a long history of industrial unrest, that a union is essential …
The Constitutional Exercise Of The Federal Police Power: A Functional Approach To Federalism, Alan N. Greenspan
The Constitutional Exercise Of The Federal Police Power: A Functional Approach To Federalism, Alan N. Greenspan
Vanderbilt Law Review
The Employee Polygraph Protection Act of 19881 (Polygraph Act) prohibits the use of polygraph examinations by private employers actively participating in commerce or producing goods for interstate commerce. Prior to this federal action, forty-one states had addressed the issue of employer use of polygraph examinations. Twelve states and the District of Columbia prohibit employer use of polygraph tests altogether. Of the remaining states, some require licensing of examiners and others regulate the circumstances under which an employer may require polygraph examination of an employee. According to the legislative history, federal legislation is necessary because state regulations are ineffective: existing state …
The Future Of Labor-Management Cooperative Efforts Under Section 8(1)(2) Of The National Labor Relations Actfff, David H. Brody
The Future Of Labor-Management Cooperative Efforts Under Section 8(1)(2) Of The National Labor Relations Actfff, David H. Brody
Vanderbilt Law Review
Much of the current debate concerning labor-management cooperative efforts centers on section 8(a)(2) of the National Labor Relations Act (the Act), which makes dominating, interfering with, or contributing to the formation or administration of any labor organization an unfair labor practice. On its face, this section may inhibit cooperative efforts through a prohibition of management support for employee organizations. The effect of section 8(a)(2), however, need not be so restrictive because of the Act's underlying concern for the effectuation of employee freedom of choice. A concern for employee free choice provides a means for permitting positive cooperative efforts, consistent with …
Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch
Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch
Vanderbilt Law Review
This Special Project Note analyzes the labor relations systems of the Federal Republic of Germany, Japan, and Sweden, focusing on the statutory developments as well as the social, political, and economic factors that shape those systems. Parts II through IV discuss the general structure and operation of each of these systems. Part V compares and contrasts these systems to the American system by applying them to a hypothetical corporate merger. Finally, Part VI discusses the feasibility of a partial or total adoption of any of the three foreign systems by the United States.
Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant
Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant
Vanderbilt Law Review
Any discussion of labor-management relations naturally assumes two parties: labor and management. Fundamental to both the industrial philosophy and labor legislation of the United States has been the assumption of mutually exclusive and largely adversarial camps of "employers" and "employees." This rigid dichotomy, however, fails to recognize the existence of a third group of workers that fits neither the labor nor the management typology. These workers are best described as hybrid employees: workers who arguably deserve many of the statutory protections afforded to labor but who may be aligned too closely with the employer's interests to warrant the protection of …
Introduction: Special Project - Labor Management Cooperation, Journal Staff
Introduction: Special Project - Labor Management Cooperation, Journal Staff
Vanderbilt Law Review
In the midst of the industrial strife and upheaval of the 1930s, the United States Congress, with the passage of the National Labor Relations Act (NLRA), established the legal framework that regulates the rights and interests of both labor and management through an adversarial collective bargaining process.' As domestic businesses have expanded to serve a worldwide market, however, the modern labor-management relationship is experiencing intense pressure from foreign competition that is rattling the adversarial process' foundations. In an attempt to raise productivity and quality, many American businesses have participated in cooperative efforts with employees, focusing one employee participation in the …
The Viability Of Distinguishing Between Mandatory And Permissive Subjects Of Bargaining In A Cooperative Setting: In Search Of Industrial Peace, Thomas T. Crouch
The Viability Of Distinguishing Between Mandatory And Permissive Subjects Of Bargaining In A Cooperative Setting: In Search Of Industrial Peace, Thomas T. Crouch
Vanderbilt Law Review
In July 1985 General Motors entered into an agreement with the United Auto Workers (UAW) setting forth the terms and conditions of a future automobile facility, known as the Saturn Corporation, in Spring Hill, Tennessee. General Motors and the UAW view this project as an unprecedented achievement in "union-management partnership." The goal of the Saturn project is to maintain General Motors'viability as a domestic enterprise through an agreement to build a new subcompact car in the United States. This partnership between the corporation and the UAW will include employee participation and enhanced job security. Faced with mounting competition from overseas …