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Full-Text Articles in Law

Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, Valerio De Stefano, Virginia Doellgast Apr 2023

Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, Valerio De Stefano, Virginia Doellgast

Articles & Book Chapters

Recent innovations in artificial intelligence (AI) have been at the core of massive technological changes that are transforming work. AI is now widely used to automate business processes and replace labour-intensive tasks while changing the skill demands for those that remain. AI-based tools are also deployed to invasively monitor worker conduct and to automate HR management processes.

Through the dual lens of comparative labour law and employment relations research, the articles in this special issue of Transfer investigate the role of collective bargaining and government policy in shaping strategies to deploy new digital and AI-based technologies at work. Together, they …


Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr. Jan 2020

Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr.

All Faculty Scholarship

Mariano-Florentino Cuéllar, Margaret Levi, and Barry R. Weingast’s excellent essay, Twentieth Century America as a Developing Country, Conflict, Institutional Change and the Evolution of Public Law, celebrates the period during which the National Labor Relations Act facilitated the peaceful resolution of labor disputes and improved the working conditions of American workers. These distinguished authors make a strong case for the essentiality of law in regulating labor relations and the importance of national culture in providing a solid context for the emergence of legal regimes facilitating economic growth and equality. This reply to their essay explores how the New Deal’s failure …


Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas Sep 2017

Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas

Claremont-UC Undergraduate Research Conference on the European Union

Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar workers, …


Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan Jan 2017

Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan

Irish Business Journal

Trade unions in the private sector and the commercial semi-states have rejected voluntarist Labour Court recommendations in the industrial relations arena in a significant number of high-profile cases in recent times. Conversely, in parts of the public sector, there has been a move towards the adoption of binding dispute resolution systems. Brian Sheehan suggests that respect for the state’s dispute resolution agencies and need for expertise and experience in dispute management is as great as ever.


Guide To Ac031 - Illinois Public Employee Relations Report, Jona Whipple Aug 2016

Guide To Ac031 - Illinois Public Employee Relations Report, Jona Whipple

Finding Aids

Illinois Public Employee Relations Report, 1988-2011

The Illinois Public Employee Relations Report began as a publication of the Institute of Labor and Industrial Relations at the University of Illinois at Urbana-Champaign. The first issue was published in March of 1984. Beginning in 1990 with Volume 7, No. 1, IIT Chicago-Kent College of Law joined the University of Illinois at Urbana Champaign as a co-publisher of the Report, with Professor Martin Malin serving as faculty editor along with Professor Peter Feuille (U of I).

The Illinois Public Employee Relations Report provides current, nonadversarial information to those involved or interested in …


Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire Jul 2015

Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire

Alexander Colvin

At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the level …


At The Breaking Point: Adapting Louisiana Employment Noncompete Law To The Information Age, Jacob Ecker May 2015

At The Breaking Point: Adapting Louisiana Employment Noncompete Law To The Information Age, Jacob Ecker

Louisiana Law Review

The article looks at the adapting of Louisiana employment noncompete law to the internet. Topics discussed include requirements for enforcing a noncompete in Louisiana, impact of internet on competition and competition between employers and former employees, and changes to Louisiana's employer-employee noncompete law.


Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird Apr 2015

Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird

Georgia Journal of International & Comparative Law

No abstract provided.


The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh Jan 2015

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.


Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker Jul 2014

Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker

Eric M. Tucker

Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …


Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare Mar 2014

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

No abstract provided.


The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire May 2013

The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire

Alexander Colvin

The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …


Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr. Jan 2013

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.


The National Labor Relations Act And Worker Participation Plans: Allies Or Adversaries?, Susan Gardner Jan 2013

The National Labor Relations Act And Worker Participation Plans: Allies Or Adversaries?, Susan Gardner

Pepperdine Law Review

No abstract provided.


Unions, Markets, And Democracy In Latin America, Maria Lorena Cook Jan 2013

Unions, Markets, And Democracy In Latin America, Maria Lorena Cook

Maria Lorena Cook

[Excerpt] In the 1990s scholars of Latin America moved from a concern with democratization to a focus on the implementation of market economic reforms. With this shift, the appreciation of labor unions' value to society was lost. Whereas earlier analyses of democratic transitions recognized organized labor's important role in bringing an end to dictatorships, later studies of market reform viewed labor organizations as either obstacles to be overcome, "losers" to be compensated, or simply irrelevant.

Perhaps more important than scholarship's neglect of labor unions is the neglect that is reflected in policies toward labor in the region. Economic and labor …


The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar Jan 2013

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit …


Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern Jan 2013

Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern

David B Lipsky

The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.


Wars Of Attrition: Vietnam, The Business Roundtable And The Decline Of Construction Unions, Marc Linder Nov 2012

Wars Of Attrition: Vietnam, The Business Roundtable And The Decline Of Construction Unions, Marc Linder

Marc Linder

No abstract provided.


Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare Oct 2012

Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare

Karl E. Klare

No abstract provided.


The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare Oct 2012

The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare

Karl E. Klare

Much contemporary debate in the field of industrial relations focuses on the wrong questions. Discussion is often framed in misleading terms or based upon unproductive assumptions. A prime example explored here is the current heated debate about whether we should replace "the adversary structure" of American labor relations with a "cooperative model." In my view we do not face such a choice. Rather, workplace democracy and economic prosperity alike require new forms of work organization combining adversary and participatory assumptions, institutions and practices. The challenge is to link the two approaches in ways that enhance the virtues and minimize the …


Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner Oct 2012

Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner

Lowell Turner

[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …


Employment Representation At The Enterprise: Sweden, In R. Blanpain, H. Nakakubo, T. Araki (Eds.) Systems Of Employee Representation At The Enterprise. A Comparative Study, Jenny Julén Votinius Oct 2012

Employment Representation At The Enterprise: Sweden, In R. Blanpain, H. Nakakubo, T. Araki (Eds.) Systems Of Employee Representation At The Enterprise. A Comparative Study, Jenny Julén Votinius

Jenny Julén Votinius

Paper given at the 11th Tokyo Seminar, February 2012, organised by the Japan Institute for Labor Policy and Training.


[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore Jul 2012

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …


Adoption And Use Of Dispute Resolution Procedures In The Nonunion Workplace, Alexander Colvin Jun 2012

Adoption And Use Of Dispute Resolution Procedures In The Nonunion Workplace, Alexander Colvin

Alexander Colvin

[Excerpt] This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have been an important area of study in the field of industrial relations, research on dispute resolution procedures in nonunion workplaces has lagged behind. As a result, our knowledge of the development of nonunion procedures remains relatively limited. Similarly, with a few noteworthy exceptions (e.g. Lewin, 1987, 1990), our knowledge of workplace grievance activity is almost entirely based on research conducted in unionized settings. Given the major differences in the institutional contexts of union and nonunion workplaces …


The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal Jun 2012

The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal

Washington and Lee Law Review

No abstract provided.


[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin May 2012

[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin

Alexander Colvin

[Excerpt] Some leading unions in Canada are notable for the diversity of their responses to workplace change. These unions' policies and strategies, which range from the Steelworkers' (USWA) bold experiment in employee ownership and co-determination at Algoma Steel to the Autoworkers' (CAW) activist response to the pressures of the Japanese production and management systems at the CAMI auto plant, have produced significant variation in change processes and outcomes. This range of activity by Canadian unions in response to workplace change provides a fertile area for study by industrial relations researchers, as well as important challenges for policy makers and practitioners …


Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe May 2012

Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe

Alexander Colvin

The authors draw on strategic human resource and industrial relations theories to identify the sets of employee voice mechanisms and human resource practices that are likely to predict firm-level quit rates, then empirically evaluate the predictive power of these variables using data from a 1998 establishment level survey in the telecommunications industry. With respect to alternative voice mechanisms, they find that union representation predicts lower quit rates, even after they control for compensation and a wide range of other human resource practices that may be affected by collective bargaining. Also predicting lower quit rates is employee participation in offline problem-solving …


Proposals To Reinstate The Voluntary Recognition Bar And Rein In Captive Audience Speeches: A Rationale For Change At The National Labor Relations Board, Nora L. Macey Jan 2012

Proposals To Reinstate The Voluntary Recognition Bar And Rein In Captive Audience Speeches: A Rationale For Change At The National Labor Relations Board, Nora L. Macey

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Moving Beyond The Zero-Sum Game: Joint Management-Employee Committees In The Twenty-First Century, Karl G. Nelson Jan 2012

Moving Beyond The Zero-Sum Game: Joint Management-Employee Committees In The Twenty-First Century, Karl G. Nelson

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


The Right To Strike And Its Possible Conflict With Other Fundamental Rights Of The People In The United States, Charles B. Craver Jan 2012

The Right To Strike And Its Possible Conflict With Other Fundamental Rights Of The People In The United States, Charles B. Craver

GW Law Faculty Publications & Other Works

Although the right to strike is not constitutionally protected in the U.S., it is protected for private sector workers under Section 7 of the National Labor Relations Act as concerted activity for mutual aid and protection. Federal employees and most state and local government employees do not have the right to strike, but several states permit work stoppages by non-essential personnel. Most collective bargaining agreements contain no-strike clauses forbidding work stoppages during the term of such contracts. Sympathy strikes by private sector workers supporting strikes by employees bargaining over new contract terms are usually protected as concerted activity for mutual …