Journal of Individual Employment Rights最新文献_第7页

USING HIGH-PERFORMANCE WORK SYSTEMS TO SUPPORT INDIVIDUAL EMPLOYMENT RIGHTS AND DECREASE EMPLOYEE TELECOMMUNICATION VIOLATIONS IN THE WORKPLACE 使用高性能的工作系统来支持个人就业权利，减少员工在工作场所违反电信的行为

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/32J9-TAFG-HAX0-218G

Z. M. Leffakis, W. Doll

{"title":"USING HIGH-PERFORMANCE WORK SYSTEMS TO SUPPORT INDIVIDUAL EMPLOYMENT RIGHTS AND DECREASE EMPLOYEE TELECOMMUNICATION VIOLATIONS IN THE WORKPLACE","authors":"Z. M. Leffakis, W. Doll","doi":"10.2190/32J9-TAFG-HAX0-218G","DOIUrl":"https://doi.org/10.2190/32J9-TAFG-HAX0-218G","url":null,"abstract":"In the United States, organizations can be held legally liable when their employees create conditions for a hostile work environment by operating telecommunication systems for personal use in the workplace. Conventionally, many organizations implement acceptable telecommunication usage policies and electronic surveillance to prevent harassing situations from occurring and to protect themselves against costly liability lawsuits. However, these authoritarian methods have been criticized because of the apparent trade-offs they cause among employee privacy rights, productivity, and the need to safeguard the firm from harassment lawsuits. As an alternative approach, our analysis shows that the development of a High-Performance Work System (HPWS) will lower employees’ propensity to misuse telecommunication systems in the workplace, resulting in the reduction of employee rights lawsuits for the firm. Our analysis indicates that a HPWS creates a work environment that ensures telecommunication systems will be properly used and employees will not have to relinquish their expectation of privacy. We argue that organizations that manage their telecommunication systems by HPWS practices rather than bureaucratically controlling them will be in a better position to overcome the legal inadequacies of authoritarian methods.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"61 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115501108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

AFFIRMATIVE ACTION: THE LAW 平权行动:法律

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/KE8X-J7E8-RWD5-XMVQ

H. Findley, R. Wheatley, Earl E. Ingram

{"title":"AFFIRMATIVE ACTION: THE LAW","authors":"H. Findley, R. Wheatley, Earl E. Ingram","doi":"10.2190/KE8X-J7E8-RWD5-XMVQ","DOIUrl":"https://doi.org/10.2190/KE8X-J7E8-RWD5-XMVQ","url":null,"abstract":"This is a review article on the complex and often misunderstood topic of affirmative action. This article reviews the origin of affirmative action, the nature of the plans, and the surrounding legal network. A subsequent article will address contemporary problems and issues. Affirmative action has been with us for nearly 40 years. Interestingly, it was initially intended to be a temporary measure to redress past discriminatory practices [1]. However, like many government programs, it seems to have become a permanent fixture of public policy. But periodically, the nation revisits and debates the value of this divisive issue. This is just such a period, as affirmative action is once again near the foreground of the nation’s conscience, at least partially due to the recent Supreme Court decisions dealing with the University of Michigan’s controversial affirmative action plans (AAPs). In June 2003, the Supreme Court upheld the Michigan Law School’s AAP and struck down its undergraduate AAP [2, 3]. The public interest and furore created by these decisions provides an opportunity to reexamine the legal principles that directly affect at least 190,000 establishments employing more than 22,000,000 workers [4]. This reexamination is of particular importance, since there is a great deal of misunderstanding and confusion as to the definition and practice of affirmative action. Many wrongly believe that affirmative action involves only hiring quotas","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124434307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Unjust Dismissal for Nonunion Workers: Adjudication Decisions in the Canadian Federal Jurisdiction 非工会工人的不公正解雇:加拿大联邦管辖下的裁决决定

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/65FH-YN8R-LMN2-P8CJ

G. Eden

{"title":"Unjust Dismissal for Nonunion Workers: Adjudication Decisions in the Canadian Federal Jurisdiction","authors":"G. Eden","doi":"10.2190/65FH-YN8R-LMN2-P8CJ","DOIUrl":"https://doi.org/10.2190/65FH-YN8R-LMN2-P8CJ","url":null,"abstract":"This study involves an analysis of the determinants of adjudicator decisions dealing with complaints of unjust dismissal from nonunionized workers in the Canadian federal jurisdiction. All decisions rendered between the enactment of the legislation in 1978 and up to March 1989 were analyzed and the relevant decisions (395 cases) were coded according to the factors believed to determine arbitral decision making. The results, based on logit analysis, suggest that some of the major just cause principles developed by arbitrators in the unionized sector appear to have been adopted by adjudicators in the nonunion sector; however, it cannot be stated conclusively that the arbitral approach to just cause in the unionized sector has been adopted. Implications for public policy as well as for the participants in the adjudication process are discussed. Statutory protection against unjust dismissal for nonunionized workers has received increasing attention in the last decade. In the United States, legislation to require some form of \"just cause\" to dismiss employees was introduced in ten state legislatures between 1981 and 1988, albeit so far it was passed only in Montana, in 1987. In 1991, the National Conference of Commissioners on Uniform State Laws adopted a Model Employment-Termination Act that urges reliance on arbitration rather than the civil courts or administrative agencies. As unionization has declined, increased attention has been paid to adopting some of the procedures developed in the union sector into the growing nonunion sector. 'Financial assistance was provided by the Social Sciences and Humanities Research Council of Canada. 39 © 1993, Baywood Publishing Co., Inc. doi: 10.2190/65FH-YN8R-LMN2-P8CJ http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116958410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Canadian Charter of Rights and Freedoms and Mandatory Retirement of Academic Employees 《加拿大权利与自由宪章》和《学术雇员强制退休宪章》

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/N82D-EYY9-98WG-UFWH

A. Khan

{"title":"The Canadian Charter of Rights and Freedoms and Mandatory Retirement of Academic Employees","authors":"A. Khan","doi":"10.2190/N82D-EYY9-98WG-UFWH","DOIUrl":"https://doi.org/10.2190/N82D-EYY9-98WG-UFWH","url":null,"abstract":"Under the Canadian Constitution, education is a provincial rather than the federal government's responsibility. In the majority of Canadian universities, colleges, and schools, a mandatory retirement age of sixty-five for men and women is stipulated either by by-laws made under, or collective agreements facilitated by, provincial legislation. A majority of the provinces, in their individual rights or human rights acts/codes, while proscribing discrimination on the ground of, inter alia, age, provides an exception in that between certain ages the provisions against age discrimination do not apply. 1 One of the consequences is that compulsory retirement is not protected under human rights legislation. One of the principal ways the mandatory retirement of academics and others could be challenged was to use the equality provisions of the Canadian Charter of Rights and Freedoms. However, courts lower than the Supreme Court of Canada could not agree whether compulsory retirement at a certain age was, under the equality section of the Charter, discriminatory or not. It was left to the Supreme Court of Canada to decide that important question. This article examines these recent developments. For example, the British Columbia Human Rights Act defines age as between forty-five and sixty-five; and the Ontario Human Rights Code limits the definition of age between eighteen and sixty-five. Thus, discrimination outside these ages is permissible. The Canadian (Federal) Human Rights Act also provides a defense to a complaint of age discrimination of an employee who is forced to retire at the \"normal age of retirement.\" •This article originally appeared in Education and the Law, 4:, pp. 7-17, 1992, published by the Longman Group UK, Ltd. Reprinted with permission.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128313927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Injured Customers Make Employers Pay Under the Negligent Hiring Doctrine: Evolution, Explanation, and Avoidance of Negligent Hiring Litigation 雇佣过失原则下的受害方赔偿:雇佣过失诉讼的演变、解释与避免

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/C0D7-J2M6-RQQY-PFKY

Jeffrey Cohen

引用次数: 0

Dress Codes and Arbitration 着装规范与仲裁

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/8J6F-R38N-VRC5-LTPY

D. J. Petersen

{"title":"Dress Codes and Arbitration","authors":"D. J. Petersen","doi":"10.2190/8J6F-R38N-VRC5-LTPY","DOIUrl":"https://doi.org/10.2190/8J6F-R38N-VRC5-LTPY","url":null,"abstract":"Personal grooming and dress code issues are not disappearing. Generally, employers attempt to justify rules regarding personal appearance as necessary to promote its image or for health or safety reasons. Employees may find such rules as inhibiting their own notions of personal freedom and expression. An emerging question arising out of such rules is the degree of proof required by arbitrators to establish the necessity for promulgating them. Such proof appears to be more often required in image cases to those involving the safety and health of employees. Public sector and male-female dress code issues are also reviewed in this article. Ο wad some power the gifte gie us To see oursel's as others see us! (Robert Burns) Especia l ly s ince the 1960s, arbitrators have been deciding cases involv ing dress codes , personal appearance requi rements , and discipl ine imposed for al leged violat ions of such dress codes . Whi le the passage of t ime may h a v e d a m p e n e d s o m e of the a rdor or tone involved in these cases , the issues have not d i sappeared [1] . Dress codes have also been at tacked on g rounds such as a l leged violat ions of the U . S . Const i tu t ion or civil r ights l aws [2] . W h i l e no one would seriously quest ion m a n a g e m e n t ' s r ight to adopt and imple m e n t reasonable dress requi rements , un ions have somet imes d isagreed wi th the assumpt ions on which such requi rements are based. For e x a m p l e , un ions m a y ques t ion whe the r c lothing-rela ted safety rules are really necessary or whe the r such rules should b e appl ied to even those employees not direct ly affected b y the © 1997, Baywood Publishing Co., Inc. 103 doi: 10.2190/8J6F-R38N-VRC5-LTPY http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"2018 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128824784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

U.S. Employment Rights Legislation and the Legal Theory of Co-Employment as Constraints on the Use of Contract Labor 美国就业权立法与共同雇佣法律理论对契约劳动使用的制约

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/QBAU-ENGV-V08T-J6YD

D. Rebne, R. Jarmon

{"title":"U.S. Employment Rights Legislation and the Legal Theory of Co-Employment as Constraints on the Use of Contract Labor","authors":"D. Rebne, R. Jarmon","doi":"10.2190/QBAU-ENGV-V08T-J6YD","DOIUrl":"https://doi.org/10.2190/QBAU-ENGV-V08T-J6YD","url":null,"abstract":"This article examines the implications of U.S. individual employment rights for secondary employment under the contract labor mechanism. Based on an analysis of common law and regulatory agency tests and the evolving legal theory of co-employment, it is argued that employment rights management is fundamentally problematic for firms using contract labor. Factors which make it difficult to externalize employment management through contract labor agencies include 1) moral hazard problems associated with such agen cies, 2) costs of monitoring rights compliance, 3) rights violations involving third-party liability and 4) related problems associated with the extension of contract labor to professional occupations. Anticipated managerial responses (in terms of refinements to contract labor practice) are discussed, together with their limitations. Also considered are the implications of such refine ments for dual labor market configurations involving primary workers under the human resources or \"salaried\" model. Historically, secondary employment, with its key characteristics of market-based pricing and tenuous attachment to the firm, has been the norm in America. Its counterpart—rule-based primary employment via internal labor markets—is a phenomenon of this century [1]. As Jacoby [2] has documented, the development of internal labor markets (and personnel/administrative control over employment) is best understood as a response to legal-institutional support for collective organization and individual employment rights rather than limitations of marketbased employment, per se. While market forces and direct efficiency incentives identified by Doeringer and Piore [3] and others certainly play a role in the","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128832992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Hassan Case: An Analysis of the Issue of Accent Discrimination in American Higher Education 哈桑案:美国高等教育中的口音歧视问题分析

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/Q1KB-8WVE-86FA-TTVQ

D. Wyld

{"title":"The Hassan Case: An Analysis of the Issue of Accent Discrimination in American Higher Education","authors":"D. Wyld","doi":"10.2190/Q1KB-8WVE-86FA-TTVQ","DOIUrl":"https://doi.org/10.2190/Q1KB-8WVE-86FA-TTVQ","url":null,"abstract":"This article addresses the often-hidden accent discrimination issue in higher education. The article begins with an examination of the concept of just what an accent is. Next, the scope of Title VH's protection against discrimination due to national origin is analyzed. The rationale for equating accent and national origin discrimination under Title VH's umbrella is laid out. Then, court rulings in cases of alleged accent discrimination both within and outside of higher education are examined. This sets the stage for an analysis of the decision in Hassan v. Auburn University (1993), which offers important insights into the scope of administrative prerogative to deal with the language and accent issue in higher education. A concluding discussion of the ramifica tions of the Hassan court's ruling for higher education in a changing era is then offered. America's colleges and universities enjoy a competitive advantage versus the rest of the world. Around the globe, the quality of American higher education is regarded as unequaled. Higher education institutions in the United States thus stand in a unique position. They have the ability to attract the best and the brightest from countries all over the planet to come to the United States for their academic pursuits—both as students and professors. What is at the core of America's magnetism to attract the best scholars worldwide? Former Harvard University President Derek Bok answered quite clearly that the answer lay in the common currency of the English language. He wrote:","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126516516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Arbitrator Decision Making in Substance Abuse Cases 药物滥用案件中的仲裁员决策

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/FDWX-QY36-FU3L-EQW9

Ahmad R. Karim, Lawrence J. Haber

{"title":"Arbitrator Decision Making in Substance Abuse Cases","authors":"Ahmad R. Karim, Lawrence J. Haber","doi":"10.2190/FDWX-QY36-FU3L-EQW9","DOIUrl":"https://doi.org/10.2190/FDWX-QY36-FU3L-EQW9","url":null,"abstract":"The approach taken in this study is to regard substance abuse discharge cases as specific instances of discharge cases in general. Consequently, in trying to model arbitrators' decisions, the possible predictors of the outcome of arbitra tion hearings are derived from those factors found to significantly affect the outcome in earlier discharge studies. Discriminant analysis is used to deter mine those factors that significantly affected the outcomes of substance-abuse discharge cases in the period 1985-1993. While most of the predictors thought to influence arbitral decision making operated in the anticipated manner, there were some surprises. In particular, neither management's concern for safety nor the grievant's prior work record affected the outcome of the cases. Over the past thirty years, the abuse of drugs, both licit and illicit, has increasingly pervaded the consciousness of American society in general and, more recently, of American industry. According to a recent survey undertaken by the Conference Board, business and industry in the United States loses approximately $20.6 billion annually because of alcoholism alone [1]. When the losses of nonbusiness organizations are included, the figure swells to a staggering $100 billion [1, 2]. While initially employers were reluctant to acknowledge the magnitude of the problem, they have responded with a combination of both corrective and deter rent measures [3-4]. Management in many businesses has either negotiated or unilaterally promulgated drug policies that have become part of the work rules at these firms. As a result of the sanctions inherent in these measures, penalties and other actions taken against employees who are alleged by their employers to have","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126525164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Joint Union-Management Training Programs 联合工会管理培训计划

Journal of Individual Employment Rights Pub Date : 1900-01-01 DOI: 10.2190/W28X-AAFM-6YR1-M48K

M. Levine

引用次数: 2