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Ethical Incentives for Employers in Adopting Legal Service Plans to Handle Employment Disputes

Green, Michael Z. - 2006

Given the difficulties for employees in finding a lawyer to handle an employment dispute and with the growth of ADR, this article asserts that employers should adopt legal service plans as an employee benefit. It might seem counterintuitive for employers to provide their employees with a legal...

Persistent link: https://www.econbiz.de/10014059775

Tackling Employment Discrimination with Adr : Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots?

Green, Michael Z. - 2015

This paper explores the benefits of using mediation in addressing employment discrimination disputes. It highlights the difficulties for those who expect too much out of mediation by expecting it to transform relations while exposing concerns with those who limit mediation's potential by...

Persistent link: https://www.econbiz.de/10014059853

The American Experience with Exclusive Representation : Implications for the Issue of Plural Unionism in South Korea

Dau-Schmidt, Kenneth Glenn; Vann, Ryan Hamilton - 2013

Although there is a wide diversity of labor laws among the industrialized democracies of the world, two common purposes behind these laws are the fostering of employees' right to collectively bargain and the promotion of industrial peace. Certainly these are shared purposes behind the laws of...

Persistent link: https://www.econbiz.de/10014061575

Employment Arbitration and Litigation : An Empirical Comparison

Eisenberg, Theodore; Hill, Elizabeth T. - 2006

Policy debate rages over mandatory employment arbitration. Using a unique database of American Arbitration Association employment dispute awards, this article compares court-tried employment cases and arbitrated employment claims. It compares adjudicated and arbitrated outcomes in the class of...

Persistent link: https://www.econbiz.de/10014031088

How the NLRB's Light Still Shines on Anti-Discrimination Law Fifty Years After Title VII

Green, Michael Z. - 2014

As the passage of Title VII approaches its fiftieth anniversary, this Article explores what may be thought of as the unlikely impact of the National Labor Relations Board (NLRB or Board) on anti-discrimination law principles used to protect employees. How an agency charged with enforcing labor...

Persistent link: https://www.econbiz.de/10014037321

Strike Rights of Essential Employees in the U.S.A

Slater, Joseph E. - 2018

It addresses the strike rights of employees in essential services in the United States of America. Unlike at least most … European countries, U.S. laws do not define ‘essential services’ for the purpose of strike rights, and generally such laws do …, strike rights are quite different for public employees and private employees. Private employees have broad strike rights (on …

Persistent link: https://www.econbiz.de/10014110690

Technology Mediated Dispute Resolution (TMDR) : Opportunities and Dangers

Larson, David Allen - 2014

Technology Mediated Dispute Resolution (TMDR) presents opportunities and dangers that we cannot yet fully envision. Technologies are available or imminent, such as tele-immersion, that will dramatically change the ways we think about dispute resolution in a virtual environment. Whether or not...

Persistent link: https://www.econbiz.de/10014026372

Creeping Legalism in Grievance Arbitration : Fact or Fiction?

Zirkel, Perry; Krahmal, Andrey - 2006

The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing refrain in legal literature; however, until now empirical research concerning this problem has been scant. This study provides the most comprehensive and thorough analysis to date...

Persistent link: https://www.econbiz.de/10014026892

An Empirical Analysis of the Effects of the Change from Card-Check to Mandatory Vote Certification

Slinn, Sara J. - 2010

This article explores the effect of a legislated change in certification procedure in Ontario in 1995, from a card-check system to a mandatory vote system. The author concludes that introduction of mandatory votes had a highly significant negative effect on the probability of certification. In...

Persistent link: https://www.econbiz.de/10014064904

A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peace

Dau-Schmidt, Kenneth Glenn - 2005

Since the 1930s, the fundamental tenet of American labor law has been the government should foster employee organization and regulate industrial relations to promote equity in bargaining between employers and employees and to promote industrial peace. Those who enacted our basic labor laws, as...

Persistent link: https://www.econbiz.de/10014065236