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Full-Text Articles in Law

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 …