Labor and Employment Law Commons^™

2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald

Publications and Research

The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …

2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald

Publications and Research

The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …

The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

You've Been With The Professors: An Examination Of Higher Education Work Stoppage Data: Past And Present, William A. Herbert, Jacob Apkarian

Publications and Research

This law review article analyzes work stoppage data in calendar years 2012-2018 involving academic and non-academic employees at higher education institutions. It contextualizes the recent data through a review of the history of unionization and strikes in the field of education along with faculty strike data for the period 1966-1994. The study contributes to the literature concerning unionization and collective bargaining in higher education and will be of value to those who study or are engaged in labor relations at colleges and universities. We find that there was a total of 42 strikes and one lock-out involving faculty, graduate assistants, …

Study On Ship Officer1’S Labor Intensity And Duty Arrangement, Jianan Huang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Resetting Normal: Women, Decent Work And Canada's Fractured Care Economy, The Canadian Women's Foundation, Canadian Centre For Policy Alternatives, Ontario Nonprofit Network, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

Women in Canada have been disproportionately impacted by the COVID-19 pandemic to an extent that threatens to roll back equality gains. Economic losses have fallen heavily on women and most dramatically on women living on low incomes who experience intersecting inequalities based on race, class, disability, education, and migration and immigration status. The pandemic crisis has highlighted the fragility of response systems and the urgent need for structural rethinking and systemic change.

Richard Musenyesa V. Indo Zambia Bank Limited Appeal No. 214/2016 (2020), Chanda Chungu

SAIPAR Case Review

In Richard Musenyesa v. Indo Zambia Bank Limited, the Supreme Court dealt with an employee whose conditions of service were altered by their employer. The entitlement to gratuity at the end of the employment relationship was not mentioned in the new conditions of employment despite being in the previous conditions that regulated his employment.

The Supreme Court provided that where acquiescence is intended to be assumed from conduct, credible evidence will have to be led, showing that the employee was by clear notice given by the employer indeed aware of the variation, understood the implications and its full extent, before …

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo

Faculty Articles

In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers’ advocates, and politicians have scrambled to articulate exactly what makes essential labor “essential.” Some commentators have also argued that the rise of essential labor as a conceptual category disrupts—or should disrupt—longstanding patterns in the way the nation …

Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram

Theses and Dissertations--Economics

Occupational choice at the margin depends on both the incentives for entry and barriers to entry. The primary entry barrier determined by regulation is an occupational license. These are government laws determining the minimum qualifications to enter an occupation including education, testing, fees, and background checks. These regulations are currently enforced on 25% of the US labor market. The laws are crafted to protect consumers from unsafe goods and services but also have important consequences in labor market outcomes. The consequences may include fewer workers entering the profession, changes to which workers enter the profession, and altering competition, all of …

“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green

Pomona Senior Theses

In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …

Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra

All Faculty Scholarship

Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage …

Manipulating Opportunity, Pauline Kim

Scholarship@WashULaw

Concerns about online manipulation have centered on fears about undermining the autonomy of consumers and citizens. What has been overlooked is the risk that the same techniques of personalizing information online can also threaten equality. When predictive algorithms are used to allocate information about opportunities like employment, housing, and credit, they can reproduce past patterns of discrimination and exclusion in these markets. This Article explores these issues by focusing on the labor market, which is increasingly dominated by tech intermediaries. These platforms rely on predictive algorithms to distribute information about job openings, match job seekers with hiring firms, or recruit …

“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal

Independent Study Project (ISP) Collection

Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

Place-Based Jobs Policies, Timothy J. Bartik

Presentations

No abstract provided.

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …

A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day

Dissertations, Theses, and Capstone Projects

This dissertation investigates whether NYC employers adhered to Ban the Box by removing the question about criminal history from employment forms, by refraining from inquiring about an applicant’s criminal record during the interview process, and by complying with other aspects of the policy. The study also documents employer perspectives on Ban the Box and on the hiring of individuals with criminal convictions, and examines whether more individuals with a criminal record were hired after the policy was implemented.

Using a mixed-methods approach, surveys were administered to companies in the nonprofit and private sectors, and semi-structured interviews were conducted with a …

Janus V Afscme, Council 31: Judges Will Haunt You In The Second Gilded Age, William A. Herbert

Publications and Research

The United States Supreme Court’s 2018 decision in Janus v American Federation of State, County, and Municipal Employees, Council 31 reversed four decades of precedent by holding that a stat tory or a negotiated agency shop in public sector labour relations is unconstitutional under the First Amendment to the United States Constitution. This essay, published in Relations Industrielles / Industrial Relations places the Janus decision in historical and legal context, describe the judicial activism underlying the decision, and review measures being taken by unions and state legislatures to minimize the decision’s adverse impact

Building A Good Jobs Economy, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

Conventional models are failing throughout the world. In the developed world, the welfare state-compensation model has been in retrenchment for some time, and the drawbacks of the neoliberal conception that has superseded it are increasingly evident. Yet there is no compelling alternative on offer. In the developing world, the conventional, tried-and-tested model of industrialization has run out of steam. In both sets of societies a combination of technological and economic forces (in particular, globalization) is creating or exacerbating productive/technological dualism, with a segment of advanced production in metropolitan areas that thrives on the uncertainty generated by the knowledge economy co-existing …

Sticking To The Union? A Study On The Unionization Of Academic Law Libraries, Sarah C. Slinger

Scholarly Works

This article analyzes the responses of law library directors to a survey assessing rates of unionization, experience with unionization, and attitudes on unionization. These results ultimately show that while there is a low rate of unionization in academic law libraries, unions may become more prevalent in the future.

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …

Restoring Unemployment Insurance As Social Insurance, Christopher J. O'Leary

Presentations

No abstract provided.

Jerome Lefkowitz: A Pragmatic Intellect And Major Figure In Taylor Law Historytaylor Law History, William A. Herbert

Publications and Research

This article examines the professional career of Jerome Lefkowitz, a central figure in the history of the Taylor Law, New York's public sector collective bargaining statute. Mr. Lefkowitz helped draft the Taylor Law, and served as the first Deputy Chairperson of the New York State Public Employment Relations Board (PERB) from 1967 until 1986, and the agency's fifth Chairperson from 2007 until 2015. PERB is the state agency responsible for administering the provisions of the Taylor Law. Between his two tenures at PERB, Mr. Lefkowitz was Deputy Counsel for the Civil Service Employees Association, Local 1000, AFL-CIO. The article examines …

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming