Resolving Labor and Employment Disputes

Resolving Labor and Employment Disputes PDF Author: Ross E. Davies
Publisher: Kluwer Law International B.V.
ISBN: 9041140832
Category : Law
Languages : en
Pages : 560

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Book Description
In today’s political and economic climate, broad and easy agreement with the basic premise of labor law – to stimulate the economy by putting more money into the pockets of working people – is not likely. Bad economic times are generally not good for labor organization and labor standards. There is, of course, still an important for labor and employment and good practices to help resolve employment disputes. New York University’s venerable and prestigious Center for Labor and Employment Law has always been dedicated to the underlying principles of labor law as expressed in the National Labor Relations Act seventy-five years ago, despite recent economic challenges unforeseen at that time. The Center’s 2010 conference (the 63rd in this highly influential series) was built around a stocktaking of the current condition of labor law in the United States, focusing on the continuities and disparities that characterize practice in the field today. This volume contains papers presented at that meeting, all here updated to reflect recent developments. Extending beyond the NLRA itself, contributors discuss the effects of later legislation such as the Wagner and Taft-Hartley Acts of 1947, agencies such as the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, and proliferating connections between labor relations law and intellectual property law. Experts from both the practicing bar and academia – eighteen in all – call on their unique strengths to address such issues as the following: new applications of the § 10(j) injunction; remedies for unlawful discharges in organizing campaigns; confidentiality agreements; “legitimate employer interests”; reasonableness standard for enforcement of covenants not to compete; criminal prosecutions under the Computer Fraud and Abuse Act; the role of statistical evidence in systemic discrimination cases; certification for class actions; cultivating a “plan/prevent/protect” culture of compliance; and employee representation election regulation. The contributors emphasize the ways in which labor law and policy can be part of the great conversation about how to restore prosperity, encourage business, and create good jobs. Dedicated to ensuring a realistic and fair national labor policy for the future, this important publication offers definitive current scholarship toward that goal. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

Resolving Individual Labour Disputes

Resolving Individual Labour Disputes PDF Author: International Labour Office
Publisher:
ISBN: 9789221304197
Category : Comparative law
Languages : en
Pages : 369

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Book Description
This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).

Managing and Resolving Workplace Conflict

Managing and Resolving Workplace Conflict PDF Author: David Lewin
Publisher: Emerald Group Publishing
ISBN: 1786350599
Category : Business & Economics
Languages : en
Pages : 280

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Book Description
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.

Basic Guide to the National Labor Relations Act

Basic Guide to the National Labor Relations Act PDF Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68

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Book Description


Employment Dispute Resolution and Worker Rights in the Changing Workplace

Employment Dispute Resolution and Worker Rights in the Changing Workplace PDF Author: Adrienne E. Eaton
Publisher: Cornell University Press
ISBN: 9780913447772
Category : Business & Economics
Languages : en
Pages : 314

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Book Description
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.

Labor Guide to Labor Law

Labor Guide to Labor Law PDF Author: Bruce S. Feldacker
Publisher: Cornell University Press
ISBN: 0801454581
Category : Law
Languages : en
Pages : 657

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Book Description
Labor Guide to Labor Law is a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.Labor Guide to Labor Law is structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.

Labor and Employment Law Initiatives and Proposals Under the Obama Administration

Labor and Employment Law Initiatives and Proposals Under the Obama Administration PDF Author: Zev J. Eigen
Publisher: Kluwer Law International B.V.
ISBN: 9041134573
Category : Law
Languages : en
Pages : 732

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Book Description
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.

Fundamentals of Labor Arbitration

Fundamentals of Labor Arbitration PDF Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
ISBN: 1933833823
Category : Arbitration, Industrial
Languages : en
Pages : 198

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Book Description
Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management ­disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.

Best Practices in Resolving Employment Disputes in International Organizations

Best Practices in Resolving Employment Disputes in International Organizations PDF Author: Annika Talvik
Publisher:
ISBN: 9789221300403
Category :
Languages : en
Pages : 195

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Book Description


Labor and Employment Law Settlements and Negotiations

Labor and Employment Law Settlements and Negotiations PDF Author: Aspatore Books
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 192

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Book Description
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.