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Articles 121 - 150 of 304
Full-Text Articles in Labor and Employment Law
The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper
The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper
Michigan Law Review
After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. During the first part of Professor St. Antoine's years as an academic, this system continued to flourish in America, as he, along with other legal …
Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens
Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens
West Virginia Law Review
No abstract provided.
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
University of Miami Law Review
No abstract provided.
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
Articles by Maurer Faculty
No abstract provided.
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …
The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing
The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing
West Virginia Law Review
No abstract provided.
Employee Representation In Economies In Transition: Discussion, Christopher J. O'Leary
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
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 …
Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman
Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration: Back To The Future, Theodore J. St. Antoine
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," …
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Michigan Law Review
This Note takes a different approach to interpreting section 2(3). Although this Note agrees that section 2(3) neither clearly includes nor clearly excludes trojan horse organizers, it also argues that the definition of employee under section 2(3) must be determined by looking to common law principles of agency. In other words, the question whether courts should defer to the Board's interpretation of section 2(3) does not turn on statutory ambiguity. Rather, courts have a continuing duty to ensure that the Board interprets employee consistently with common law agency principles. Nevertheless, the correct interpretation of employee under agency principles ultimately turns …
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Michigan Journal of International Law
This article examines the challenge to domestic labor regulation posed by the increasingly international economic and legal order. Part I analyzes the several ways in which increased global economic integration creates problems for labor. These problems include a decline in union bargaining power, a race-to-the-bottom in labor standards, and a weakening of labor's role as political actor. Part II identifies four approaches, or models, for transnational labor regulation that have emerged in the Western world in the past twenty years. These are: (1) preemptive legislation; (2) harmonization; (3) cross-border monitoring; and (4) extraterritorial jurisdiction. Part III explores the differences between …
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.
Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton
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 …
Collective Bargaining Or "Collective Begging"?: Reflections On Antistrikebreaker Legislation, Samuel Estreicher
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.
Restoring Balance To Collective Bargaining: Prohibiting Discrimination Against Economic Strikers, William D. Turner
Restoring Balance To Collective Bargaining: Prohibiting Discrimination Against Economic Strikers, William D. Turner
West Virginia Law Review
No abstract provided.
Extending Excelsior, Leonard Bierman
Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr.
Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr.
West Virginia Law Review
No abstract provided.
How The Taft-Hartley Act Hindered Unions, Steven E. Abraham
How The Taft-Hartley Act Hindered Unions, Steven E. Abraham
Hofstra Labor & Employment Law Journal
No abstract provided.
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the …
Rico: Is It A Panacea Or A Bitter Pill For Labor Unions, Union Democracy And Collective Bargaining?, Steven T. Ieronimo
Rico: Is It A Panacea Or A Bitter Pill For Labor Unions, Union Democracy And Collective Bargaining?, Steven T. Ieronimo
Hofstra Labor & Employment Law Journal
No abstract provided.
Union Organizing After Lechmere, Inc. V. Nlrb - A Time To Reexamine The Rule Of Babcock & Wilcox, Alan L. Zmija
Union Organizing After Lechmere, Inc. V. Nlrb - A Time To Reexamine The Rule Of Babcock & Wilcox, Alan L. Zmija
Hofstra Labor & Employment Law Journal
No abstract provided.
Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine
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.
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
Michigan Law Review
In this article, we take an approach fundamentally different from that of the labor law commentators. We start from a broader perspective than is common: successorship is as important an issue for corporate law as it is for labor law. Given that the two principal inputs to the firm are labor and capital, it would be surprising if the laws for labor law successorship were completely different from the laws for corporate law successorship. To the extent that differences exist, those differences should hinge upon differences between the employees' and the creditors' relationships with the firm.
Hoffa, James S. Beall
Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise
Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise
West Virginia Law Review
No abstract provided.
Economic Restructuring And Emerging Patterns Of Industrial Relations, Stephen R. Sleigh Editor
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.