The one-day strike, once a surprising, even exceptional, tactic has become a social phenomenon. Workers now walkout in protest—and quickly return—all the time. So do high school students. The New York Times has published a “how-to” guide. Yet, while headlines tout how more workers struck...

This paper addresses the design of the machinery of collective bargaining from the perspective of the needs of microeconomic and macroeconomic flexibility. In the former context, greater attention is given over to enterprise flexibility than external adjustment. In the latter context, close...

Educators/trainers try very hard to be inclusive. But sometimes we adopt learning strategies that have the opposite effect. Unless we are careful, the programs we develop may exclude participants because of disability, ethical issues, cultural differences, spirituality, and religion. Adventure...

A newspaper company creates a workplace communications systems policy that prohibits use of its e-mail for non-job-related or outside solicitations and then disciplines an employee who sends several union-related e-mails to employees. The employer permits other personal uses of its e-mail...

This paper explores whether union members in a members-only non-majority union (MONMU) are entitled to a Weingarten right, that is, the right to request a union representative at a workplace investigatory interview that might reasonably lead to discipline. The National Labor Relations Board...

One of the best kept secrets in American labor law is that duty of fair representation jurisprudence simply does not work. It does not work for plaintiff union members because they must satisfy a close-to-impossible burden of proof and have a short statute of limitations window in which to...

Recently, workers led by non-union labor advocacy groups, popularly labelled “ALT-Labor,” have been staging strikes and other job actions across the low wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or, more generally, as audacious dissent...

The “broken windows” perspective suggests that the erosion of order in a neighborhood leads to elevated fear, retreat from the street, and consequently an environment where more serious crime takes root. I apply the broken windows idea to the workplace. Increasing violations of basic...