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Negotiating Within A Shared Governance Format, Suzanne C. Wagner, C. Henrik Borgstrom 2012 Niagara University

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 2012 Clarion University of Pennsylvania

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 2012 Universities and Colleges Employers Association

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 2012 National Labor College

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 …


It's Payback Time, Or Is It?: An Argument To Apply Universal Heightened Standards To All Employee Stock-Based Individual Account Programs In The Post-Enron Era And Why Sarbanes-Oxley's Preventive Measures Do Not Adequately Protect Employee Investor Interests, Sarah Y. Rifaat 2012 Pepperdine University

It's Payback Time, Or Is It?: An Argument To Apply Universal Heightened Standards To All Employee Stock-Based Individual Account Programs In The Post-Enron Era And Why Sarbanes-Oxley's Preventive Measures Do Not Adequately Protect Employee Investor Interests, Sarah Y. Rifaat

Pepperdine Law Review

No abstract provided.


The Roberts Court Gets Down To Business: The Business Cases, Kenneth W. Starr 2012 Pepperdine University

The Roberts Court Gets Down To Business: The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber McKinney 2012 Pepperdine University

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …


Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee 2012 Pepperdine University

Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee

Pepperdine Dispute Resolution Law Journal

This article first provides background information pertaining to recent research on gender in negotiation and prior studies on part-time work at law firms. The author then discusses the methodology and sample of the current study of part-time work arrangements of attorneys at elite law firms in one major metropolitan legal market. Next the article describes the current study's results with respect to whether attorneys viewed this situation as an opportunity to negotiate, measured by their preparation, and whether attorneys' approaches were impacted by the existence of objective criteria, viewed here as the firm's part-time policy. The author then provides prescriptive …


Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer 2012 Pepperdine University

Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer

Pepperdine Law Review

No abstract provided.


Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams 2012 Pepperdine University

Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams

Pepperdine Law Review

No abstract provided.


Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block 2012 Pepperdine University

Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block

Pepperdine Law Review

No abstract provided.


Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler 2012 Pepperdine University

Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler

Pepperdine Law Review

This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …


‘They Won't Work!’ - Efficacy Of An Active Labor Market Policy From The Perspective Of Psychology, Marco Meissner 2012 University of Koblenz Landau

‘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.


Placing British Employment Law In Context, Michael Harper 2012 Boston University School of Law

Placing British Employment Law In Context, Michael Harper

Faculty Scholarship

It is probably fair to generalize that the best American legal scholarship in the fields of labor, employment, and employment discrimination law has found little inspiration in the study of comparative law. Hugh Collins’s analytic and insightful but succinct overview of British employment law — republished in 2010 in a second edition to account for significant developments in response to European Union law — should teach any perceptive American reader that this need not be the case. This two hundred sixty page volume demonstrates that studying how other developed countries have addressed common issues presented by the employment relationship …


"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee 2012 Pepperdine University

"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee

Pepperdine Law Review

No abstract provided.


Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox 2012 Johns Hopkins University

Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox

Institute for Law and the Workplace Lectures

This lecture discusses the impact of the recent recession, both directly and indirectly, on the rights of workers in the U.S. and internationally. Employers are increasingly relying on temporary/contingent workers, and even unpaid interns who have few jobs protections and no benefits. This practice negatively impacts the wages and bargaining power of the core labor force as well as overall job creation. Particularly pronounced is the misclassification of jobs and failure to pay minimum wage and/or overtime benefits contrary to contractual requirements. There is evidence that the recession has made it politically acceptable to re-write existing employment agreements, with federal …


A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment, Carl H. Esbeck 2012 University of Missouri School of Law

A Religious Organization’S Autonomy In Matters Of Self-Governance: Hosanna-Tabor And The First Amendment, Carl H. Esbeck

Faculty Publications

In Hosanna-Tabor, a teacher suing her employer, a church-based school, alleged retaliation for having asserted rights under a discrimination statute. The School raised the “ministerial exception,” which prohibits ministers from suing their religious employer. The Court held the exception was constitutionally required. Before giving the facts that convinced it that this teacher was a “minister,” the Court had to distinguish the leading case of Employ. Div. v. Smith. Plaintiffs in Smith held jobs as counselors at a drug rehabilitation center. They were fired for illegal drug use (peyote), and later denied unemployment compensation. The Native American Church ingests peyote during …


Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich 2012 Pepperdine University

Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich

Pepperdine Dispute Resolution Law Journal

In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …


A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan 2012 Pepperdine University

A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan

Pepperdine Dispute Resolution Law Journal

Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly 2012 Pepperdine University

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


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