LSN: Collective Bargaining Law (Topic)最新文献

{"title":"The Crisis and National Labour Law Reforms: A Mapping Exercise","authors":"Stefan Clauwaert, I. Schömann","doi":"10.2139/SSRN.2208400","DOIUrl":"https://doi.org/10.2139/SSRN.2208400","url":null,"abstract":"This Working Paper maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers’ protection. The working paper is also complemented with an annex providing an analysis of the reforms on a country by country basis. These country studies will be regularly updated and are available and downloadable in English only.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"13 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120901533","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}

{"title":"Private Injuries, Public Policies: Adjusting the NLRB's Approach to Backpay Remedies","authors":"J. Brudney","doi":"10.2139/SSRN.1655758","DOIUrl":"https://doi.org/10.2139/SSRN.1655758","url":null,"abstract":"From fiscal years 2004 through 2008, over 135,000 employees received backpay through NLRB proceedings, mostly based on wrongful discharges. The Labor Board's backpay determination processes are often cumbersome and time-consuming to apply: they effectively invite employers to reduce and delay monetary recoveries and, not coincidentally, they undermine the remaining employees' interest in pursuing unionization and a collective bargaining relationship.The Article first asks to what extent the Board has statutory authority to adjust its approach toward backpay and mitigation. The answer, in short, is more than has previously been understood. Invoking the remedial authority found within section 10(c) and embraced by the Supreme Court in its Phelps Dodge decision, the Article then proposes that the Board act to develop and defend a mandatory minimum backpay award. The Article proposes a two-tiered approach, based on the substantial differences in processing time between successful backpay claims resolved through settlement and claims resolved following litigation. The Article explains and justifies the award of mandatory minimum backpay ranging from one calendar quarter to one year, to be conferred without regard to net loss and mitigation effects.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131441002","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}

{"title":"Faculty Salaries and Alternative Forms of Representation","authors":"F. Martinello","doi":"10.2139/ssrn.962708","DOIUrl":"https://doi.org/10.2139/ssrn.962708","url":null,"abstract":"The effects of different forms of collective representation (unions and special plans with and without binding arbitration) on faculty salaries are estimated for Ontario universities, 1970-2004. Compared to status-less faculty associations, unions had virtually no effect while special plans without binding arbitration led to lower salaries. Special plans with binding arbitration yielded higher salaries. The data also show severe compression and inversion in the age-salary profiles in the 2000s and large decreases in the salary differentials between full and associate professors. Average salaries were lower the higher the proportions of women faculty in the 1970s, but the effect dissipated and even reversed itself by the end of the sample. Finally, faculty salaries responded to the cost of living in the university’s city and faculty salaries were higher, on average, in universities with higher average research productivity.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127590669","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}

{"title":"'Light Touch' Labour Regulation by State Governments in Australia","authors":"J. Howe, I. Landau","doi":"10.2139/SSRN.961528","DOIUrl":"https://doi.org/10.2139/SSRN.961528","url":null,"abstract":"Analysis of the role of the state in shaping industrial relations and employment practices has traditionally focused on labour law. Certainly, a key role of government has been to set labour standards through legislation, or by establishing legal systems of industrial relations whereby conflicts between employers and unions are resolved and there is a mechanism for determination of appropriate rights and standards for employers and employees. Recently, however, a number of developments - including criticisms of labour law's capacity to accommodate flexibility in employment practices at the level of the firm (often referred to as a need for labour market deregulation), questions about the effectiveness of legally prescriptive and hierarchical models of regulation, and a growth in corporate power - have converged to shift attention to other ways in which the state may influence labour standards and practices. Increasing attention (particularly in Europe and the United States) has been paid to the use by states of soft or light touch approaches to regulating labour standards. Such regulatory approaches are yet to receive extensive consideration as forms of state labour regulation in Australian labour law scholarship. In Australia, the Commonwealth Government's Work Choices legislation brings into further relief the actual and potential use of light touch labour regulation by the Australian States. Work Choices will reduce the impact of awards, historically the most influential and comprehensive form of legal regulation of employment conditions in Australia. Moreover, under Work Choices, the Commonwealth has created a national system of labour law by covering the field of industrial law, severely restricting the jurisdiction of State Governments to use law to regulate corporate labour practices within the States. Nevertheless, the federal takeover has the potential to bring a 'cauldron of innovation' to the boil by causing State Governments (and perhaps local governments) in Australia to consider creative approaches to labour regulation, including light touch approaches. While it is too early to identify and evaluate innovative responses to Work Choices, it is certainly possible to identify existing light touch labour regulation by State Governments, and to discuss recent and impending developments. This paper presents preliminary findings from a study of light touch labour regulation by State Governments in New South Wales, Queensland and Victoria. It seeks to contribute to an understanding of how the state seeks to effect normative changes in employment practices and industrial relations in Australia other than through legislation. Part Two of the paper identifies the theoretical approaches that have informed this research. Part Three outlines how the three Australian State Governments are currently using light touch regulatory techniques to improve labour standards. We focus in turn on States' use of public procurement; financial subsidies, tax co","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132434504","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}

{"title":"Rethinking the Tripartite Division of American Work Law","authors":"R. Fischl","doi":"10.15779/Z38DP82","DOIUrl":"https://doi.org/10.15779/Z38DP82","url":null,"abstract":"The holy trinity of American work law - employment discrimination, labor law, and employment law - has governed the American workplace for over four decades and is also firmly entrenched in the curricula of most law schools. But the discrete lenses provided by the conventional trinity make it difficult to bring into focus two distinct but related dimensions of the accelerating integration of American work law. Thus, we are on the one hand experiencing an accelerating doctrinal integration of our field, as the settings in which nominally out of area law plays a significant governance role are rapidly proliferating. At the same time, we are increasingly confronting a functional integration of work law, a development evident in the cross-migration of employment discrimination law and labor law, as the institutions central to each field - discrimination litigation and labor unions respectively - have increasingly assumed functions traditionally played by the other. Functional integration is apparent as well in the increasingly robust role of employment law in both employment discrimination and labor law contexts. Against the backdrop of these developments, our continued embrace of the conventional subject-matter division reflects and reinforces an increasingly false opposition between legal strategies that rely on workplace organizing and collective action (on the one hand) and those that rely on litigation and related institutional practices (on the other). More fundamentally, the conventional division reflects and reinforces an increasingly false opposition between the struggle for workplace democracy and the struggle for racial, gender, and other forms of justice in the workplace and beyond.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"2021 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128071709","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}

{"title":"The Effect of Public Sector Labor Laws on Collective Bargaining, Wages, and Employment","authors":"Richard B. Freeman, Robert G. Valletta","doi":"10.3386/W2284","DOIUrl":"https://doi.org/10.3386/W2284","url":null,"abstract":"This paper examines the effect of the different legal environments for bargaining faced by public employees across the states on wage and employment outcomes for union and nonunion employees, and also on the extent of bargaining, using cross-section, within-city, and longitudinal analyses based on a newly-derived data set on public sector labor laws. We find that: (1) the legal environment is a significant determinant of the probability of collective bargaining coverage; (2) collective bargaining coverage raises wages and employment for covered employees; (3) a more favorable legal environment increases wages for all employees, but substantially reduces employment for employees not covered by a contract, while slightly reducing employment for employees who are covered by a contract. We also find evidence of significant spillovers of union wage effects to non-covered departments. We conclude by focusing on the effects of two specific legal provisions - arbitration and strike permitted clauses - on wages and employment.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1987-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116109274","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}

{"title":"A Reply to Hyde, Can Judges Identify Fair Bargaining Procedures?","authors":"D. Polsby, M. Freed","doi":"10.2139/SSRN.2960729","DOIUrl":"https://doi.org/10.2139/SSRN.2960729","url":null,"abstract":"Professor Alan Hyde believes, and we disbelieve, that giving courts the power to review union contracts for fairness will increase the sum of fairness in the world. We assert that there is no procedural routine that is “fair” in the sense of guaranteeing distributional outcomes.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1984-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133855168","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}