Labor and Employment Law Commons^™

Releasing The Captives: How The National Labor Relations Board Can Correct The Anomalous Captive Audience Meeting Doctrine, Adam J. Drapcho

University of Cincinnati Law Review

No abstract provided.

An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias

Articles

There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American—in deep conflict with our traditions and our governing legal regime. This Article calls into question that conventional account. It details a largely forgotten moment in American history: when the early Fair Labor Standards Act (FLSA) established industry committees of unions, business associations, and the public to set wages on an industry-by-industry basis. Alongside the National Labor Relations Act, …

The Effect Of A New Edited Labor Code Of The Republic Of Uzbekistan On The Development Of Entrepreneurship And Investment Activity, Sh.A. Ismoilov

Review of law sciences

The article discusses the need for a new edition of the Labor Code of the Republic of Uzbekistan and its impact on the development of business and investment activities in the country. Debating questions which the new edition of the Labor Code will change the current edition are analyzed. In particular, various solutions are proposed in relation to various kinds of disputable situations within employees, business representatives and the state, arising in the sphere of social and labor relations. The fact that there is no unified approach to adoption of the Labor Code in a new edition, first, it justifies …

Everything Passes, Everything Changes: Unionization And Collective Bargaining In Higher Education, William A. Herbert, Jacob Apkarian

Publications and Research

This article begins with a brief history of unionization and collective bargaining in higher education. It then presents data concerning the recent growth in newly certified collective bargaining representatives at private and public-sector institutions of higher education, particularly among non-tenure track faculty. The data is analyzed in the context of legal decisions concerning employee status and unit composition under applicable federal and state laws. Lastly, the article presents data concerning strike activities on campuses between January 2013 and May 31, 2017.

Unionization At Justice Canada: A Case Study, Andrij Roman Kowalsky

PhD Dissertations

In April 2005, non-management lawyers working at the federal Department of Justice Canada (DOJ) were recognized by the Public Service Labour Relations Act (PSLRA) as employees. This dissertation explores DOJ lawyers unionizing by addressing two research questions: (1) what led DOJ lawyers to unionize with the Association of Justice Counsel (AJC)? and (2) what was the AJC’s experience in negotiating a first collective agreement?

The dissertation is organized using a conventional structure. The literature review presented in Chapter 2 maps the academic study of lawyer unionization. Chapter 3 elaborates on the dissertation’s research design as a case study. Chapter 4 …

Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs

Georgia Journal of International & Comparative Law

No abstract provided.

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …

Labour Law And Triangular Employment Growth, Timothy John Bartkiw

LLM Theses

This thesis is concerned with understanding the relationship between labour law and triangular employment growth, and particularly in "staffing services" contexts. A review of alternative explanations for growth in triangular employment within three theoretical paradigm (neoclassical, institutionalist, and critical) illustrates the theoretical space for conceiving of a relationship between the particularities of labour law and triangular employment growth. To this end, the thesis develops the concept of a regulatory differential, or ways in which a legal regime may produce differential regulatory effects as between direct and triangular forms of employment. A typology of regulatory differentials is outlined. Further, a discussion …

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

All Faculty Scholarship

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …

Recent Publications, Charles Mandel, Frank J. D'Oro

Pepperdine Law Review

No abstract provided.

China Since Tiananmen: The Labor Movement, Ching Kwan Lee, Eli D. Friedman

Eli D Friedman

[Excerpt] The twenty years since 1989 have brought two major developments in worker activism. First, whereas workers were part of the mass uprising in the Tiananmen movement, albeit as subordinate partners to the students, labor activism since then has been almost entirely confined to the working class. While the ranks of aggrieved workers have proliferated (expanding from workers in the state-owned sector to include migrant workers) and the forms and incidents of labor activism have multiplied, there is hardly any sign of mobilization that transcends class or regional lines. Second, we observe that a long-term decline in worker power at …

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez

Pepperdine Dispute Resolution Law Journal

In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …

Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler

Pepperdine Dispute Resolution Law Journal

The Federal Mediation and Conciliation Service ("FMCS") was created in 1947. While an array of subsequent statutory enactments have expanded the FMCS charter, the core mission of FMCS has been, and remains, to assist labor and management to settle their disputes through mediation as well as to promote the development of sound and stable labor management relationships. The vision of how that mission will be realized has changed significantly in response to changes in our society, to expanded knowledge of conflict resolution and labor relations, and to lessons gathered by the nation's mediators over a half-century of work with collective …

What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.

Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley

Articles by Maurer Faculty

No abstract provided.

Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan

Barry Bluestone

No abstract provided.

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Publications

The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights--the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of "industrial terrorism." Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …

Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson

Michigan Journal of Race and Law

The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …

Responsible Contractors Help Build Thriving Communities, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

What is responsible contractor language, and why is it important? Public construction projects are often costly undertakings. In recent years, municipalities and schools are increasingly using responsible contractor policies to "set certain minimum employment standards" for bidding on construction work. In response to this trend, responsible contractor (RC) language is being developed and used to provide needed reform in the construction contract bidding process. According to a recent study of responsible contractor reforms, the public policy goal of these reforms is to "ensure that all contracts for public works are awarded to reputable, responsible finns that have the qualifications, resources …

The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …

Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

As in years past, unionization levels have continued to vary widely according to demographic and occupational characteristics of the U.S. workforce, as well as geographic region. The unionization level of the total employed U.S. wage and salary workforce is one measure. However, in order to obtain a more balanced perspective, it is also important to consider the specific levels of union membership in both public and private sector areas of employment, which play a significant role in the U.S. economy. Using data compiled and supplied by the U.S. Department of Labor, this briefing paper provides a statistical summary of unionization …

Stretching The Law Ii: The Misclassification Of Employees As Independent Contractors, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The misclassification of many employees as “independent contractors” (ICs) is problematic in a number of industries and employment situations. An earlier paper by the Bureau of Labor Education (BLE) found widespread violations of IC classification in the state’s construction industry. This paper provides a broader context for this issue with a discussion of the legal climate nationally.

Privatization Pitfalls Update, 2008, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Policymakers at the local, state, and federal government levels often struggle to balance the imperatives of providing necessary public services with the constraints of shrinking funds to pay for services such as transportation, prisons, and human services. Among the many possible solutions public entities may consider is the strategy of privatization, defined as “any process that is aimed at shifting functions and responsibilities, in whole or in part, from the government to the private sector through such activities as contracting out or asset sales.” This briefing paper is an update to an earlier publication by the Bureau of Labor Education …

Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da

Michigan Journal of Race and Law

Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding "Whiteness" as the filler in the middle as Whites manipulate the differing interests of both subordinated groups to align with White (the dominant group's) interests. Although Whites purport to champion the interests of one subordinate group over the other, in reality the racialization of Asian Americans and Blacks in our country is rooted in the preservation …

Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The classification of independent contractors (ICs) is problematic in a number of industries and employment situations. This paper is intended as a survey of IC issues as they affect the construction industry in Maine. Construction companies have recourse to hourly labor for much of their work requirements, but like many other businesses, they also often employ independent contractors for some parts of their various building contracts. There is considerable evidence that these two job categories are being manipulated by some employers to bypass the legal intent of IC classification. A 2000 report produced for the U.S. Department of Labor found …

Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

A Project Labor Agreement (PLA) is a comprehensive negotiated pre-hire contract for public or private-sector construction projects. A PLA generally includes mutually agreed-to work and wage rules for the duration of the project, including deadlines, wages, costs, production incentives, and hiring. Usually PLAs are between a developer or general contractor, labor unions, subcontractors, workers, and the employer or customer, who may be in the public or private sector.

After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine

Articles

The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.