Labor Law in the Contemporary Workplace

Author: Kenneth G. Dau-Schmidt
Publisher:
ISBN: 9780314289360
Format: PDF
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Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

The Fissured Workplace

Author: David Weil
Publisher: Harvard University Press
ISBN: 067472612X
Format: PDF, ePub
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In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.

Labor law stories

Author: Laura J. Cooper
Publisher: Foundation Pr
ISBN: 9781587788758
Format: PDF, ePub, Mobi
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Labor Law Stories tells the story of the development of labor law over the course of nearly seventy years, beginning with one of the earliest cases under the National Labor Relations Act, Mackay Radio, and ending with one of the most recent, Hoffman Plastic. The book includes cases from the major topics in a basic or advanced course on Labor Law, and describes not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved and their advocates, and how the law they made through litigation sometimes had an impact on others, and sometimes did not. The authors interviewed dozens of participants in the fourteen cases addressed in the book, including union organizers; company managers; lawyers for unions, companies, and the NLRB; members of the NLRB; and Supreme Court clerks. In these interviews and in archival records all over the country, the authors discovered previously unknown information about these cases that will surprise and charm both labor law experts and those new to the field. Some of the chapters are able to resolve mysteries about the cases that have puzzled generations of labor law professors and their students.

American Labor Struggles and Law Histories

Author: Kenneth M. Casebeer
Publisher:
ISBN: 9781611638721
Format: PDF, ePub, Mobi
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In more than twenty chapters and interludes, American Labor Struggles and Law Histories narrates the collective actions of workers and how those actions intersected with and were impacted by law, courts, and the police, from a slave revolt in 1712 in New York City and the first casualties in the American Revolution to contemporary actions such as supply chain pressures on Walmart. New chapters include tying together the West and East Coast organizing drives of the CIO in 1935, present-day issues affecting Wisconsin public workers, and efforts to resist wage theft.

Contemporary Employment Law

Author: C. Kerry Fields
Publisher: Wolters Kluwer Law & Business
ISBN: 1454873434
Format: PDF, Mobi
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Contemporary Employment Law, Third Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concepts summaries, modern topics and issues, and a clearly written narrative approach to the material.

We Can t Eat Prestige

Author: John P. Hoerr
Publisher: Temple University Press
ISBN: 9781566399258
Format: PDF, ePub, Docs
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This story explodes the popular belief that women white-collar workers tend to reject unionization and accept a passive role in the workplace. On the contrary, the women workers of Harvard University created a powerful and unique union--one that emphasizes their own values and priorities as working women and rejects unwanted aspects of traditional unionism. The workers involved comprise Harvard's 3,600-member "support staff," which includes secretaries, library and laboratory assistants, dental hygienists, accounting clerks, and a myriad of other office workers who keep a great university functioning. Even at prestigious private universities like Harvard and Yale, these workers--mostly women--have had to put up with exploitive management policies that denied them respect and decent wages because they were women. But the women eventually rebelled, declaring that they could not live on "prestige" alone. Encouraged by the women's movement of the early 1970's, a group of women workers (and a few men) began what would become a 15-year struggle to organize staff employees at Harvard. The women persisted in the face of patronizing and sexist attitudes of university administrators and leaders of their own national unions. Unconscionably long legal delays foiled their efforts. But they developed innovative organizing methods, which merged feminist values with demands for union representation and a means of influencing workplace decisions. Out of adversity came an unorthodox form of unionism embodied in the Harvard Union of Clerical and Technical Workers (HUCTW). Its founding was marked by an absorbing human drama that pitted unknown workers, such as Kris Rondeau, a lab assistant who came to head the union, against famous educators such as Harvard President Derek Bok and a panoply of prestigious deans. Other characters caught up in the drama included Harvard's John T. Dunlop, the nation's foremost industrial relations scholar and former U.S. Secretary of Labor. The drama was played out in innumerable hearings before the National Labor Relations Board, in the streets of Cambridge, and on the walks of historic Harvard Yard, where union members marched and sang and employed new tactics like "ballooning," designed to communicate a message of joy and liberation rather than the traditional "hate-the-boss" hostility. John Hoerr tells this story from the perspective of both Harvard administrators and union organizers. With unusual access to its meetings, leaders, and files, he examines the unique culture of a female-led union from the inside. Photographs add to the impact of this dramatic narrative. Author note: John Hoerr, a freelance writer, has been a journalist for more than thirty years at newspapers, magazines, public television, and United Press International. A specialist in labor reportage, he is the author of And the Wolf Finally Came: The Decline of the American Steel Industry.

Labor Law

Author: Robert Gorman
Publisher: Foundation Press
ISBN: 9781628101515
Format: PDF, Mobi
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The Sixteenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy. This edition includes new decisions of the National Labor Relations Board appointed by President Obama, which has departed in important ways from the approach of the Board under the prior administration. Moreover, the Board is now actively confronting the role of labor law in the contemporary workplace, addressing emergent issues such as protections for employee electronic communications and social media interactions, accountability for employers in "fissured" enterprises, and potential limitations on other employer restrictions on collective activity. The book also contains judicial decisions addressing these developments as well as reactions in Congress and elsewhere, evincing the growing polarization over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2013 through 2015, notably the new NLRB representation election rules Purple Communications, adopting new rules on employee use of employer email for concerted activity Murphy Oil, reiterating D.F. Horton, holding that the waiver of the capacity to participate in a group arbitration of an employment law claim violates of the Labor Act, with more detailed consideration of the judicial treatment of that question under the Norris-LaGuardia Act as well Fedex Home Delivery and more on the distinction between employees and independent contractors Browning-Ferris, McDonald's and more on joint employer status and the situations of franchisors Babcock & Wilcox, announcing new arbitration deferral rules, and the General Counsel's advisory explication of them employer rules affecting § 7 rights - against "gossip," disclosing confidential information, or "threatening behavior" - and especially on the use of recording and photographic devices and social media and much more. Discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today. For more information and additional teaching materials, visit the companion site.

Rethinking Workplace Regulation

Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
ISBN: 1610448030
Format: PDF, Mobi
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During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.