Labor and Employment Law Commons^™

Building Trust In The Workplace, Carlton J. Snow

Hofstra Labor & Employment Law Journal

No abstract provided.

Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick

Washington and Lee Law Review

No abstract provided.

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

Conference Papers

No abstract provided.

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 …

Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland

Indiana Law Journal

No abstract provided.

Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock

Hofstra Labor & Employment Law Journal

No abstract provided.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Hofstra Labor & Employment Law Journal

No abstract provided.

A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo

Hofstra Labor & Employment Law Journal

No abstract provided.

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce

Faculty Scholarship

One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.

Accommodating Equality In The Unionized Workplace, Katherine Swinton

Osgoode Hall Law Journal

This article explores the appropriate relationship between human rights and collective bargaining laws through an examination of the Supreme Court of Canada's jurisprudence on the duty to accommodate. While collective bargaining can be an important force to promote equality for disadvantaged groups, resistance to changing the terms of collective agreements to accommodate those groups can arise, especially when other employees' seniority rights are affected. The emerging jurisprudence suggests that seniority rights will be respected in many situations, especially in layoffs, but the article outlines circumstances in which accommodation will be necessary to vindicate equality rights.

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 …

Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney

Faculty Scholarship

Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …

Collective Bargaining Or "Collective Begging"?: Reflections On Antistrikebreaker Legislation, Samuel Estreicher

Michigan Law Review

The strike is a necessary part of collective bargaining. Workers should not ordinarily lose their jobs by pressing their disputes in this manner. But neither should strikes be viewed as a risk-free means of empowering unions to lock employers into uncompetitive contracts.

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams

Articles by Maurer Faculty

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …

Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine

Articles

The Commission on the Future of Worker-Management Relations, the so-called "Dunlop Commission," is focusing on three principal subjects: (1) union organizing, (2) worker participation in management decision making, and (3) alternative dispute resolution (ADR). I am going to concentrate on the last, but first I would like to say a few words about union organizing. After all, unionization and collective bargaining - and for that matter, worker participation as well - can fairly be viewed as special forms of alternative dispute resolution.

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias

Articles

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.

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Michigan Law Review

In this article, I present an alternative economic analysis of unions and collective bargaining that utilizes recent advances in labor economics and some simple applications of game theory to address the deficiencies of the traditional monopoly model.

The article proceeds in four parts. In Part I, I provide a brief primer on the economic analysis of unions and collective bargaining. I discuss the various possible sources of union wage increases, possible employer responses to union wage demands, and alternative models of the costs of collective bargaining. In Part II, I outline the traditional monopoly theory of unions by combining the …

The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre

Fordham Urban Law Journal

The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine

Other Publications

It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …

Labor In The Era Of Multinationalism: The Crisis In Bargained-For Fringe Benefits, Staughton Lynd, Alice Lynd

West Virginia Law Review

No abstract provided.