The European Court of Justice Laval quartet of cases held that worker collective actions that impacted freedom of services and establishment in the EU violated EU law. After Laval, The Swedish Labour Court imposed “exemplary,” or punitive damages, on labour unions for violating EU law. This...

In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power...

This working paper addresses the incidence of double breasting as a means of trade union avoidance in multinational companies. Double breasting is a phenomenon whereby multi-establishment firms concurrently operate union and non-union facilities. Drawing on survey findings from the largest and...

Although employee-representation systems coexist with a collective-bargaining framework in continental Europe for many years, US labor advocates have looked upon those representations systems with suspicion. The reasons for this suspicion are historical: US employee-representation systems have...

The 104th and 105th Congress considered an amendment, called the TEAM Act, to relax the National Labor Relations Act's restrictions on employee participation in nonunion work groups. Although these bills generated controversy, neither version proposed a substantial change in policy. The greatest...

The authors analyse why the institution of non-unionised employees' representatives (NER) is created if its functions overlap with those of the unions, including collective bargaining and information-consultation. We aim to find how NERs are created and what their role in comparison to unionised...

This piece develops, in the form of a discussion of alternative labor-law regimes, a thesis about the importance of enlarging the existing repertory of institutional arrangements for the organization of different areas of social life. Law and legal analysis form the terrain on which such...

The work of American Sign Language (ASL)/English interpreters is filled with complex interpersonal, linguistic and cultural challenges. The decisions and ethical dilemmas interpreters face on a daily basis are countless and the potential for disagreement regarding those decisions is great....