Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress,
2012
Pennsylvania State University
Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Labor Policy And The Great Recession: An Economist's Perspective,
2012
Indiana University
Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy,
2012
Northern Kentucky University, Chase
Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales
Indiana Law Journal
The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …
Public-Sector Labor In The Age Of Obama,
2012
University of Toledo College of Law
Public-Sector Labor In The Age Of Obama, Joseph E. Slater
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Claim-Suppressing Arbitration: The New Rules,
2012
University of Wisconsin - Madison
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Indiana Law Journal
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …
Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act",
2012
Northwestern University
Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration,
2012
Texas Wesleyan University School of Law
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims,
2012
Indiana University Maurer School of Law
Divergent Interests: Union Representation Of Individual Employment Discrimination Claims, Deborah A. Widiss
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
This Is A Time For Hope And Change,
2012
Indiana University Maurer School of Law
This Is A Time For Hope And Change, Kevin D. Brown
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment,
2012
University of Richmond
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Law Faculty Publications
This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme,
2012
Maurice A. Deane School of Law at Hofstra University
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Hofstra Labor & Employment Law Journal
The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.
With recognition that LGBT employment discrimination laws are novel …
Gender, Family, And Work,
2012
Maurice A. Deane School of Law at Hofstra University
Gender, Family, And Work, Marcia L. Mccormick
Hofstra Labor & Employment Law Journal
No abstract provided.
Thoughts On The Latest Battles Over Erisa's Remedies,
2012
Texas A&M University School of Law
Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher
Hofstra Labor & Employment Law Journal
No abstract provided.
Fits And Starts For Mandatory Arbitration,
2012
Maurice A. Deane School of Law at Hofstra University
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?,
2012
Fordham University School of Law
Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?, James J. Brudney
Faculty Scholarship
Since the 1970’s, multinational corporations (MNCs) in large numbers have adopted codes of conduct declaring their commitment to workers’ rights. These codes, however, do not require adherence to specific labor regulations or standards in a global setting. The MNC record on voluntary compliance has been discouraging, especially in labor-intensive industries like apparel, shoes, and toys, where a global supply chain of contractors effectively controls labor conditions. The persistent gap between aspiration and achievement regarding corporate codes has led to disagreement over their meaning and value. MNCs hope to be judged on the basis of the self-regulatory systems they have established. …
Introduction: Guaranteeing The Rights Of Public Employees,
2012
Indiana University Maurer School of Law
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Articles by Maurer Faculty
No abstract provided.
Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes.,
2012
Loyola University Chicago
Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates,
2012
Loyola University Chicago, School of Law
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
Scholarly Works
Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases – mainly wage claims but also age discrimination and gender equal pay claims – 29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Courts in collective actions assume a gatekeeper role as they do in Rule 23 class action, disallowing many actions by requiring a certification motion …
Guaranteeing The Rights Of Public Employees,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt
Scholarly Works
In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.
