Labor and Employment Law Commons^™

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.

Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff

The Institute Brief Series, Institute for Community Inclusion

Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.

Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison

Research to Practice Series, Institute for Community Inclusion

Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.

Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone

Tools for Inclusion Series, Institute for Community Inclusion

Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.

Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.

Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

Findings from a national survey of state-level disability organizations on issues regarding runaway or homeless youth who have disabilities.

"The Boys'll Listen To Me": The Labor Career Of William Blizzard, Shae Ronald Davidson

Theses, Dissertations and Capstones

In the Fall of 1892, Timothy and Sarah Blizzard gave birth to a son. Timothy and Sarah began their family during a transitional period in West Virginia’s history. The couple started their lives as farmers. However, the potential income from West Virginia’s coal industry encouraged them to abandon this lifestyle and to plunge into the new industrial economy. Timothy became a miner, while Sarah took on the role of a mother living in a company town. Both became involved in the earliest organization drives of United Mine Workers of America (UMWA), whose efforts to organize the state had started only …

The Minimum Wage In America Will Current Legislation Really Help The Working Poor?, Douglas A. Noe

University Avenue Undergraduate Journal of Economics

This same incentive is not present for players either already tied up in long-term contracts or those without enough major league service time to qualify for free-agent status. Were Finley's plan adopted, this incentive would be present for all players in all seasons, instead of just the few hoping for lucrative contracts at the end of the year. While the competitive balance (and aggregate statistics) may not be effected, if work effort is indeed endogenous, overall effort (and "hustle") would likely be increased, and a finer product would be put on the field, potentially increasing attendance and thus revenues. Thus, …

Bargaining With Imperfect Information: A Study Of Worker Perceptions Of Legal Protection In An At-Will World, Pauline Kim

Scholarship@WashULaw

This Article presents empirical evidence on an issue at the heart of the academic controversy over the at-will rule -- namely, whether employees have sufficient information to effectively negotiate issues of job security. Using a written survey to collect data from several hundred workers, the study documents a widespread misunderstanding of the basic default rule of employment at will. The results indicate that workers consistently overestimate their legal rights, with overwhelming majorities (as high as 89%) believing that they are legally protected against arbitrary and unjust discharges when in fact they can be dismissed at will.

These findings directly contradict …

Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas

Research to Practice Series, Institute for Community Inclusion

This summary of a qualitative study reports the results of focus groups with administrators and counselors in Massachusetts's vocational rehabilitation agency. The findings highlight differences in perspectives on how the 1992 Rehabilitation Act Amendments have been implemented.

Employee Representation In Economies In Transition: Discussion, Christopher J. O'Leary

Conference Papers

No abstract provided.

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …

Labor Law, Industrial Relations And Employee Choice: The State Of The Workplace In The 1990s: Hearings Of The Commission On The Future Of Worker-Management Relations, 1993-94, Richard N. Block, John Beck, Daniel H. Kruger

Upjohn Press

Block, Beck and Kruger present detailed examples from the testimony given during the Commission on the Future of Worker-Management Relations (commonly called the Dunlop Commission) national and regional hearings. The Commission, by hearing from a wide range of stakeholders, sought to define the state of industrial relations and labor law in the U.S. during the 1990s. Because the Commission's final reports were concerned with policy matters, they only briefly summarized the testimony. This volume draws deeply from the testimony, citing many examples that clearly illustrate the wide variety of relationships between workers and management today. In addition, it shows how …

A Universal Fully-Funded Pension Scheme, Lok Sang Ho

Centre for Public Policy Studies : CPPS Working Paper Series

No abstract provided.

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Privacy Rights, Public Policy, And The Employment Relationship, Pauline Kim

Scholarship@WashULaw

Two well-established common law doctrines increasingly are coming into conflict. The first protects individuals from unreasonable intrusions on their privacy. The second authorizes an employer to fire its employees at will, unless a clear agreement exists to the contrary. As employees have begun to assert their common law right of privacy' in the workplace, their claims have collided headlong with the doctrine of employment at will.

Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton

Upjohn Press

The authors identify and analyze the strategies for change and techniques most often used in today's labor negotiations. Nearly gone, they say, is the traditional "arms length" approach used by negotiators in the past. Instead, modern collective bargaining is characterized mainly by divergent strategies the authors characterize as either "forcing" (highly contentious) or "fostering" (highly cooperative). A dozen detailed case studies from a variety of industries are presented that show when, why and how these strategies are used, by whom, and to what result. These cases clearly demonstrate the use of both forcing and fostering strategies, as well as their …

Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research

Reports

The guidelines presented in this report propose an efficient architecture for structuring the huge volume of information flow necessary to manage and administer the several labor market programs operated by the System of Labor Offices (SOLO). The proposal includes a recommendation for the sequence of events in developing the many parts of the system which exploits the latest technical and methodological possibilities, but recognizes the practical constraints of time and money. At the heart of the proposed automated management information system (MIS) to support planning, evaluation, and budgeting for labor market programs in Poland is a set of performance indicators. …

Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary

Reports

No abstract provided.

Economic Restructuring And Emerging Patterns Of Industrial Relations, Stephen R. Sleigh Editor

Upjohn Press

This book's essays analyze innovative responses by unions, corporations and governments to job loss caused by economic restructuring, drawing on examples from Western Europe and the U.S.

Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan

Osgoode Hall Law Journal

The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.

Law And Sociology: Some Consequences For The Law Of Employment Discrimination Deriving From The Sociological Reconstruction Of Economic Theory, Mark Gould

Cardozo Law Review

No abstract provided.

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.

Effects Of A Reemployment Bonus Under Differing Benefit Entitlements, Or, Why The Illinois Experiment Worked, Carl Davidson, Stephen A. Woodbury

Conference Papers

Fifty-eight percent of the workers enrolled in the Illinois Claimant Bonus experiment were eligible for 38 weeks of Unemployment Insurance (UI) benefits--26 weeks of state-regular benefits plus 12 weeks of Federal Supplemental Compensation (FSC). The other 42 percent were eligible for only 26 weeks of state-regular UI benefits. We find that the Claimant Bonus treatment--an offer of $500 in cash for rapid reemployment--reduced the duration of insured unemployment by about 1.8 weeks for workers who were eligible for 38 weeks of UI benefits, but by only about 0.75 week for the workers who were eligible for 26 weeks of UI. …

Labor Unions And The Economic Performance Of Firms, Barry T. Hirsch

Upjohn Press

Hirsch develops a model of union rent-seeking in which the unions capture a share of quasi-rents that make up the normal ROI in long-lived capital and R&D. He finds that in response, firms adjust their investments in vulnerable tangible and intangible capital. Hirsch also attempts to explain the connection between the contraction of the size of unions which occurred in the 1970s and firms' lower profitability, diminished market value, and lower investment levels.

Employment Leave: Foundation For Family Policy, Mary Jane Gibson

New England Journal of Public Policy

Women and men in the workforce face difficult dilemmas during family crises. Can one be a responsible family member and a responsible employee when an elderly parent is ill, a spouse is disabled, a baby is born or adopted, a child is sick? Employment leave with insurance for wage replacement is a cornerstone of family policy proposed in a workable format in H. 2191 now before the Massachusetts legislature. It can be a model for other states and, someday, the nation.

Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke

Upjohn Press

Cooke answers important questions about labor-management cooperative efforts and addresses the problems undermining these efforts. His analyses are based on a variety of secondary data sources plus primary data from three nationwide surveys of plant managers, union leaders, and industry executives. Also included are several prescriptions for the success of labor-management cooperative efforts.

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

Upjohn Press

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

Organized Labor At The Crossroads, Wei-Chiao Huang Editor

Upjohn Press

This group of essays offers a detailed look at the problems, choices and future of industrial relations.