Law Commons^™

The Motive Power In Public Sector Collective Bargaining, Martin H. Malin

Hofstra Labor & Employment Law Journal

In the private sector, George Taylor referred to the strike as providing the “motive power” in collective bargaining. A major reason behind the enactment of public employee collective bargaining laws is to reduce the interruption of public services from job actions. This was the case with the enactment of New York’s Taylor Law.

This paper, written for a conference commemorating the 50th anniversary of the Taylor Law and published in a special issue of the Hofstra Labor and Employment Law Journal focused on the Taylor Law, examines what, in the absence of a right to strike, provides the motive power …

The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw

Hofstra Labor & Employment Law Journal

No abstract provided.

In Defense Of Public-Sector Unions, Anne Marie Lofaso

Hofstra Labor & Employment Law Journal

The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …

The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

More Than Just A Cool T-Shirt: What We Don't Know About Collective Bargaining-But Should-To Make Organizing Effective, Ellen Dannin, Gangaram Singh

Hofstra Labor & Employment Law Journal

No abstract provided.

The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges

Hofstra Labor & Employment Law Journal

Professor Hodges discusses the 2004 decision of the National Labor Relations Board in IBM Corp., and how this decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to right under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. …

Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley

Hofstra Labor & Employment Law Journal

No abstract provided.

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.

An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner

Hofstra Labor & Employment Law Journal

No abstract provided.

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …

Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller

Hofstra Labor & Employment Law Journal

No abstract provided.

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Hofstra Labor & Employment Law Journal

No abstract provided.

Building Trust In The Workplace, Carlton J. Snow

Hofstra Labor & Employment Law Journal

No abstract provided.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Hofstra Labor & Employment Law Journal

No abstract provided.

Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock

Hofstra Labor & Employment Law Journal

No abstract provided.

A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo

Hofstra Labor & Employment Law Journal

No abstract provided.

The Retroactive Application Of Deklewa: Inequitable And Unjust Results For Construction Industry Employers, Howard Douglas Fineman

Hofstra Labor & Employment Law Journal

No abstract provided.

Employer Supported Child Care As A Mandatory Subject Of Collective Bargaining, Carol Ann Diktaban

Hofstra Labor & Employment Law Journal

No abstract provided.

The Duty To Bargain Over Layoffs In Other Western Countries: A View From An American Perspective, Athanassios Papaioanno

Hofstra Labor & Employment Law Journal

No abstract provided.

Judicial Deference To Collectively Bargained Pension Agreements: The Implicit Economics Of A Legal Standard, David Locke Hall

Hofstra Labor & Employment Law Journal

No abstract provided.

The Viability Of The Collective Bargaining Process: Corporate Transformations As Unchanneled Bargaining Power, James B. Zimarowski

Hofstra Labor & Employment Law Journal

No abstract provided.

Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank

Hofstra Labor & Employment Law Journal

No abstract provided.

Ten Years After: A Legal Framework Of Collective Bargaining In The Hospital Industry, Michael J. Stapp

Hofstra Labor & Employment Law Journal

No abstract provided.