Labor and Employment Law Commons^™

Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt

Political Science Theses and Capstones

The purpose of my research is to determine what factors affect the outcome of the Vocational Rehabilitation and Employment program. Previous literature examines individuals from each state in various stages of the program to determine which factors cause their individual outcome. Although previous research covered a broad spectrum of factors there still remains a lack of significant evidence to determine the observed outcome. I added state expenditures to the previous data to attempt to determine whether or not there is a correlation between funding and the completion of the program. I used the Department of Veteran Affairs 2007 Veterans Employability …

The Chill Of A Wintry Light? Borough Of Duryea V. Guarnieri And The Right Of Petition In Public Employment, William A. Herbert

Publications and Research

This article analyzes the Supreme Court’s decision in Borough of Duryea v. Guarnieri, which held that in order for a petition, grievance or litigation by a public employee to be protected against retaliation under the Petition Clause of the First Amendment of the United States Constitution it must satisfy the public concern test applicable in retaliation cases alleging a violation of the Speech Clause. The decision was issued in the midst of a renewed contemporary debate over public sector collective bargaining and other statutory rights in public employment. The article analyzes the decision in the context of American public sector …

Negotiating Within A Shared Governance Format, Suzanne C. Wagner, C. Henrik Borgstrom

Journal of Collective Bargaining in the Academy

The act of unionization creates a sense of unity among faculty, however, it also creates an adversarial relationship with administration. Although both the administration and the faculty believe they have the university’s best interests in mind, contract negotiations are typically contentious and divisive. A unique process for negotiations is presented illustrating how working within a shared governance format can enable faculty and administration to work together in preparation, research and analysis, problem solving and mutual gains bargaining that results in success for both parties and, ultimately, the university.

Examining The Decline In Bargaining Power In Faculty Labor Unions In The United States: The Effects Of Reduced Monopoly Power In Providing Public Higher Education, Lynn A. Smith, Robert S. Balough

Journal of Collective Bargaining in the Academy

This study examines the decline in the economic power of faculty labor unions in public higher education in the United States in recent years. The authors assume the labor union is a utility maximizing entity and that income accrues to the “union family.” The union family attempts to maximize this income. By analyzing collective bargaining agreements and hiring practices between the Association of Pennsylvania State College and University Faculties and the Pennsylvania State System of Higher Education, the authors construct bargaining indices. Because this study is focused on the change in bargaining power of labor unions in public higher education …

Collective Bargaining In United Kingdom Higher Education, Helen Fairfoul, Laurence Hopkins, Geoff White

Journal of Collective Bargaining in the Academy

This article provides an overview of the collective bargaining system in United Kingdom (UK) higher education and considers some of the current challenges. The arrangements for determining the pay of staff in UK higher education reflect both the historical context of the UK funding system and the unique nature of UK industrial relations law. From World War II, the funding of UK higher education has predominantly come from central government spending with a strong central framework of policy and governance. Since the 1960s, the higher education sector has grown dramatically, both in terms of student numbers and the number of …

Universities Must Continue To Bargain, Thomas J. Kriger

Journal of Collective Bargaining in the Academy

Faculty with collective bargaining rights across the nation will—and should—agree with Daniel Julius’s conclusion that “College and university leaders should continue to honor collectively negotiated agreements maintaining relationships with faculty unions.” When implemented correctly, these agreements, as Julius points out, serve the interests of both faculty and administrators. Such agreements codify and protect due process rights for both sides. They also provide both faculty and administrators with a level of predictability and stability in labor relations that are necessary on today’s complex and hectic campuses. While I agree with almost everything Julius has written here, there are a number of …

‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall

Data Note Series, Institute for Community Inclusion

Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.

Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko

Faculty Working Papers

In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …

Electronic Privacy And Employee Speech, Pauline Kim

Scholarship@WashULaw

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees’ privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments — weak protection of employee privacy and increased …

Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.

Data Note: Decline In The Provision Of Facility-Based Work Services For People With Intellectual And Developmental Disabilities, Jean E. Winsor, Alberto Migliore

Data Note Series, Institute for Community Inclusion

Facility-based work services are vocational services provided in settings where the majority of people have a disability and receive continuous job-related supports and supervision. Facility-based work services are also referred to as sheltered work, work activity services, or extended employment programs.

Savannah, Georgia, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Savannah, Georgia.

Seattle, Washington, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Seattle, Washington.

Rochester, Minnesota, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Rochester, Minnesota.

Pension Reform: How Have Workers Fared?, Edward N. Wolff

Employment Research Newsletter

No abstract provided.

Chandler, Arizona, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Chandler, Arizona.

Press Release, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The press release for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

List Of Speakers, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of Speakers for the event: Creating a New Standard for the American Workplace for Workplace Flexibility 2010 held on January 24, 2005.

Presentation: Presser, Harriet B. Presser

Conferences, Panels, and Events

Presentation by Harriet B. Presser on Working in a 24/7 Economy: Challenges for American Families, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gerson & Jacobs, Jerry A. Jacobs, Kathleen Gerson

Conferences, Panels, and Events

Presentation by Jerry A. Jacobs and Kathleen Gerson on The Time Divide: Work, Family, and Gender Inequality, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Presentation: Gornick & Meyers, Janet C. Gornick, Marcia K. Meyers

Conferences, Panels, and Events

Presentation by Janet C. Gornick, City University of New York and Marcia K. Meyers, University of Washington on Families That Work: Policies for Reconciling Parenthood and Employment, for the event: The Great American Time Squeeze: The Politics of Work and Family in a 24/7 World on March 3, 2005.

Selected Events On Workplace Flexibility In The Federal Government, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Selected events on Workplace Flexibility in the federal government from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix F: "A Sampling Of Government Reports On Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A Sampling of Government Reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix E: "Telecommuting: A Case Study In Public Policy Approaches", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Telecommuting: A Case Study in Public Policy Approaches from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix D: "Some Background Information On Workplace Flexibility In Federal Agencies", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Some background information on Workplace Flexibility in federal agencies from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix C: "The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa)", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

'Dear Colleague' Letter, Mike Dewine, Christopher J. Dodd

Briefings, Hearings, and Congressional Study Group

'Dear Colleague' letter for the September 2006 briefing on "Children's Well-Being and the Role of Workplace Flexibility for Parents" event.

Prepared on behalf of Workplace Flexibility 2010 by Senator Mike DeWine and Senator Christopher J. Dodd.