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Employment Dispute Resolution And Worker Rights In The Changing Workplace
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Book Synopsis Employment Dispute Resolution and Worker Rights in the Changing Workplace by : Adrienne E. Eaton
Download or read book Employment Dispute Resolution and Worker Rights in the Changing Workplace written by Adrienne E. Eaton and published by Cornell University Press. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
Book Synopsis Managing and Resolving Workplace Conflict by : David Lewin
Download or read book Managing and Resolving Workplace Conflict written by David Lewin and published by Emerald Group Publishing. This book was released on 2016-07-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.
Book Synopsis Philosophical Foundations of Labour Law by : Hugh Collins
Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Book Synopsis Employment Law Update, 2020 Edition by : HENRY H. PERRITT (JR.)
Download or read book Employment Law Update, 2020 Edition written by HENRY H. PERRITT (JR.) and published by Wolters Kluwer. This book was released on 2020-03-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field. Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Highlights of coverage in this 2020 Edition include: Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules. Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated. How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements. The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states. The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace. The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors. Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights. Note: Online subscriptions are for three-month periods. Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452
Book Synopsis Exit, Voice, and Loyalty by : Albert O. Hirschman
Download or read book Exit, Voice, and Loyalty written by Albert O. Hirschman and published by Harvard University Press. This book was released on 1972-02-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”
Book Synopsis Governing the Workplace by : Paul C. Weiler
Download or read book Governing the Workplace written by Paul C. Weiler and published by Harvard University Press. This book was released on 2009-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor lawyer Paul Weiler examines the social and economic changes that have profoundly altered the legal framework of the employment relationship. He not only discusses a wide range of issues, from wrongful dismissal to mandatory drug testing and pay equity, but he also develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Book Synopsis Rethinking Workplace Regulation by : Katherine V.W. Stone
Download or read book Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Workplace Justice Without Unions by : Hoyt N. Wheeler
Download or read book Workplace Justice Without Unions written by Hoyt N. Wheeler and published by W.E. Upjohn Institute. This book was released on 2004 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].
Book Synopsis Alternative Dispute Resolution in the Workplace by : E. Patrick McDermott
Download or read book Alternative Dispute Resolution in the Workplace written by E. Patrick McDermott and published by Praeger. This book was released on 1996-09-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the explosion of workplace litigation and the skyrocketing costs associated with it, employers in both the private and public sectors are seeking new ways to swiftly and inexpensively resolve disputes with their employees. Alternative dispute resolution (ADR) procedures offer ways to do this and, according to recent reports, more than 100 major corporations have made use of them. Not only are the costs of trying a workplace dispute before a jury avoided, but also due process requirements have been observed. McDermott and Berkeley introduce executives to ADR, how it's done, and its benefits. This book will be interesting and important reading for executives and for legal counsel that may be unfamiliar with ADR. The reader is first introduced to the employment litigation revolution that is sweeping the country. The authors explain the various contextual factors that have caused this rise in litigation, including the Civil Rights Act of 1993, the Family and Medical Leave Act of 1990, and the Americans with Disabilities Act. Given this new legal environment, the book explores how ADR can assist an employer in avoiding or reducing the costs of employment law litigation. The subject of ADR is divided into mandatory and nonmandatory procedures. Finally, the authors discuss how an employer can introduce a binding arbitration procedure that diverts employment litigation from a jury to an arbitrator. Drafting tips and model clauses are included should an organization seek to develop a mediation procedure, arbitration procedure, or both.
Book Synopsis Workplace Dispute Resolution by : Sandra E. Gleason
Download or read book Workplace Dispute Resolution written by Sandra E. Gleason and published by MSU Press. This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that matches the type and stage to which it has progressed while also serving the needs of those who use the system. Contributors to this collection provide a variety of viewpoints, including international perspectives, that help explain why employers who are committed to effective dispute management will use a combination of preventive and remedial dispute resolution mechanisms to address conflicts based primarily on interests, rights, or power. Several essays also investigate how the interpersonal nature of a relationship between people determines the method selected to handle disputes, the impact of the lens of gender on our thinking about negotiation as a social activity for problem solving, and the tension between self-interest and fairness in negotiation and the use of justifications and impression management to resolve this tension.
Book Synopsis The Oxford Handbook of Conflict Management in Organizations by : William K. Roche
Download or read book The Oxford Handbook of Conflict Management in Organizations written by William K. Roche and published by OUP Oxford. This book was released on 2014-07-03 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.
Book Synopsis The Complete Guide to Conflict Resolution in the Workplace by : Marick Francis Masters
Download or read book The Complete Guide to Conflict Resolution in the Workplace written by Marick Francis Masters and published by Amacom Books. This book was released on 2002 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: People thrive on conflict in most areas of their lives - football games, political debates, legal disputes - yet steer clear from workplace conflicts. But conflict is actually a healthy way to challenge the existing order and essential to change in the workplace. The real problem is not conflict per se, but managing conflict. This authoritative manual explains step by step how to design a complete conflict resolution system and develop the skills to implement it. Packed with exercises, case studies, and checklists, the book also supplies: * an overview of workplace conflict * diagnostic tools for measuring it * techniques for resolving conflict, such as negotiation, labor/management partnerships, third-party dispute resolution, mediation, arbitration, more." "
Book Synopsis Negotiations and Change by : Thomas A. Kochan
Download or read book Negotiations and Change written by Thomas A. Kochan and published by Cornell University Press. This book was released on 2018-09-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major changes within and between organizations are now generally negotiated by the parties that have a stake in the consequences of the changes. This was not always so. In 1965, with A Behavioral Theory of Labor Negotiations, Richard Walton and Robert McKersie laid the analytical foundation for much of the innovation in the practice of negotiation that has occurred over the last thirty-nine years. Since that time, however, the field has undergone significant changes, and Walton and McKersie's ideas have been applied to a wide variety of situations beyond labor negotiations. Negotiations and Change represents the next generation of thinking. Experts on negotiations, management, and organizational behavior take stock of what has been learned since 1965. They extend and apply the concepts of Walton and McKersie and of other leaders in the study of negotiations to a broad range of business, professional, and personal concerns: workplace teams, conflict management systems, corporate governance, and environmental disputes. While building on those foundations, the essays demonstrate the continued robustness and relevance of Walton and McKersie's behavioral theory by suggesting ways it could be used to improve the management of change. Returning to its roots, the volume concludes with a retrospective by Richard Walton and Robert McKersie.
Book Synopsis Labor and Employment Law Settlements and Negotiations by : Aspatore Books
Download or read book Labor and Employment Law Settlements and Negotiations written by Aspatore Books and published by . This book was released on 2006 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor and Employment Settlements and Negotiations is an authoritative, insider's perspective on key strategies for representing and advising both individuals and organizations involved in legal issues surrounding the workplace. Featuring partners from some of the nation's leading firms, these experts guide the reader through the gamut of legal issues that can arise in this vast area, such as: structuring employment contracts and termination terms; dealing with discrimination, harassment, and sensitive office relationships; and understanding the legal aspects of employee benefits. These top lawyers give solid advice for everything from non-compete contracts to workers? unions, covering proper hiring procedures, privacy rights, and compensation issues. The laws profiled in this volume include the Sarbanes-Oxley Act as well as legislation affecting proper workplace conduct and employees? rights.
Book Synopsis Fact Finding Report by : John T. Dunlop
Download or read book Fact Finding Report written by John T. Dunlop and published by DIANE Publishing. This book was released on 1994-12 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigated the current state of worker-management relations in the U.S. Responds to: (1) what new methods or institutions should be encouraged to enhance work-place productivity through labor-management cooperation and employee participation?, (2) what changes should be made in the present legal framework and practices of collective bargaining?, and (3) what should be done to increase the extent to which work-place problems are directly resolved by by the parties themselves? Illustrated.
Book Synopsis Government Regulation of the Employment Relationship by : Bruce E. Kaufman
Download or read book Government Regulation of the Employment Relationship written by Bruce E. Kaufman and published by Cornell University Press. This book was released on 1997 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the emergence of industrial relations as a field in the late 1920s, three different approaches to labor problems have been focal points for research and debate, according to Bruce E. Kaufman. What he refers to as "employers" solutions involve personnel management; workers rely on unionism and collective bargaining; and the third component, the community, depends on government regulation in the form of protective labor legislation and social insurance programs. Kaufman contends that government regulation has contributed significantly to the remarkable progress made during the twentieth century in achieving a more productive and humane workplace. As labor problems have changed, debate about the efficacy of government regulation has continued. In this volume, some of the most distinguished scholars in industrial relations frame the current issues, develop theoretical insights, and provide an objective review of the empirical evidence.
Book Synopsis Labor and Employment Law Initiatives and Proposals Under the Obama Administration by : Zev J. Eigen
Download or read book Labor and Employment Law Initiatives and Proposals Under the Obama Administration written by Zev J. Eigen and published by Kluwer Law International B.V.. This book was released on 2011-05-11 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barack Obama’s famous “Blueprint for Change,” part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law’s Center on Labor and Employment Law – the 62nd in this venerable and highly influential series – the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.
