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Labor and Employment Law Initiatives and Proposals Under the Obama Administration

Labor and Employment Law Initiatives and Proposals Under the Obama Administration
Author: Zev J. Eigen
Publisher: Kluwer Law International B.V.
Total Pages: 732
Release: 2011-01-01
Genre: Law
ISBN: 9041134573

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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.


Workplace Privacy

Workplace Privacy
Author: Jonathan Remy Nash
Publisher: Kluwer Law International B.V.
Total Pages: 778
Release: 2010-01-01
Genre: Law
ISBN: 9041131639

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Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.


Labor Relations in the Public Sector

Labor Relations in the Public Sector
Author: Richard C. Kearney
Publisher: Routledge
Total Pages: 428
Release: 2017-09-25
Genre: Political Science
ISBN: 1351561251

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Since publication of the fourth edition of Labor Relations in the Public Sector, public sector unions have encountered strong headwinds in many parts of the U.S. Membership is falling in some jurisdictions, public opinion has shifted against the unions, and political forces are leaning against them. Retaining the structure that made the previous editions so popular, this fifth edition incorporates a complete round of updates, particularly sections on recent trends in membership figures, new legislation, and new politics as they influence bargaining rights. See What’s New in the Fifth Edition: Up to date examination and analysis of public sector labor relations and collective bargaining Important changes in the public labor relations and unionization landscape Updated analysis of the financial and human resource outcomes of collective bargaining in the public sector Collective bargaining institutions and processes in government Completely updated in terms of the scholarly and professional literature and relevant events, the new edition identifies and explains the implications of the new collective bargaining environment, including financial and human resource management issues and outcomes. As in previous editions, collective bargaining and labor relations are addressed at all levels of government, with comparisons to the private and nonprofit sectors. Designed to be classroom friendly, it includes discussions of the most recent literature and case studies as well as end-of-chapter assignments and quizzes. Practical tips and advice are offered for those engaged in collective bargaining and labor relations.


Labor Relations in the Public Sector, Fourth Edition

Labor Relations in the Public Sector, Fourth Edition
Author: Richard C. Kearney
Publisher: CRC Press
Total Pages: 406
Release: 2011-03-23
Genre: Political Science
ISBN: 1420063243

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That we are participants in a global economy may no longer be news, but its impact continues to shape the field of labor relations. This is certainly true in the public sector where union membership is stagnant and outsourcing is becoming more and more prevalent. Further impacting current trends are local and state movements to restructure public organizations and the processes they use to conduct their activities and provide services. These include the mechanisms of collective bargaining and contract administration. Reflecting these and many other trends and changes, this fourth edition of the perennially bestselling Labor Relations in the Public Sector is now completely updated. The fundamental reader-friendly organization of the book remains the same, and it continues to address the many facets that must be considered today, as unions still represent 40 percent of public sector workers. However in keeping up with the formative events of recent times, this text— Accounts for emerging trends in scholarly and professional literature as well as in practice Features several new case studies that provide readers with experiential learning opportunities across a range of contemporary situations Places greater emphasis on ways to develop and use interest-based ("win–win") negotiations during bargaining processes and throughout the administration of contracts This volume recognizes the key role played by unions in the federal government and in a large proportion of state and local jurisdictions, but it also recognizes that much is changing. Fiscal realities and strategic challenges are changing the role of the labor union in the public sector. This is a trend that must be understood if its consequences are to be anticipated and met for the mutual good.


Public Sector Labor Law in the Age of Obama

Public Sector Labor Law in the Age of Obama
Author: Joseph E. Slater
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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The attacks on public sector collective bargaining rights during the past year have arguably been the most important development in U.S. labor and employment law in recent memory. While the most famous and radical moves took place in Wisconsin and Ohio, over a dozen states have enacted significant restrictions on the rights of government employees and their unions. This is important, not least because public sector workers now comprise more than half the total number of union members in the U.S., and because of the broader political implications of “defunding” and otherwise crippling a major constituent of the Democratic Party. This article, based on a symposium paper, discusses not only these developments but also other key events in public sector labor relations in recent years: the battle for collective bargaining rights at the Transportation Safety Administration; and recent cases interpreting a 2007 decision of the Missouri Supreme Court which held that the Missouri Constitution provided a right to collective bargaining for all public employees in the state (without defining what that right specifically entails).


Workplace Privacy

Workplace Privacy
Author: Jonathan Remy Nash
Publisher: Kluwer Law International B.V.
Total Pages: 786
Release: 2010
Genre: Law
ISBN: 9789041131638

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Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.


Workplace Privacy

Workplace Privacy
Author: Jonathan Remy Nash
Publisher: Kluwer Law International B.V.
Total Pages: 788
Release: 2010
Genre: Law
ISBN: 9789041131638

Download Workplace Privacy Book in PDF, ePub and Kindle

Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.


Chapter 21

Chapter 21
Author: Patrice M. Mareschal
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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Public sector unions operate in politically challenging environments. Recent limitations on collective bargaining rights in Wisconsin and attempts to curtail collective bargaining in Ohio are illustrative of union vulnerability to shifts in the political climate. In Wisconsin, only months after taking office, Governor Walker eliminated most collective bargaining rights for public sector employees, excluding the police and firefighters. Day care workers and home health care aides had only gained such rights under the previous governor (Collins, 2012). In Ohio, Governor Kasich introduced similar legislation, but unlike Walker also attempted to limit collective bargaining for public safety employees. Like in Wisconsin, child care providers and home health care aides lost their collective bargaining rights gained under the immediately preceding governor (Early and Wilson, 2012). The susceptibility of unions to political changes stems in part from the legal environment in which they operate and in part from the nature of their employers (Slater, 2012). State law governs collective bargaining for public sector employees, and the employers, that are also elected officials, can change the law depending on their preferences. Preferences of elected officials related to collective bargaining rights, and unions more broadly, depend on various factors ranging from party ideology, legitimacy concerns, and power relations among political actors to changes in local fiscal conditions and shifts in public opinion. The election of public officials unsympathetic to unions in several states and the pressure placed by recent budget crises even on sympathetic elected officials resulted in what some scholars call a “war on public sector collective bargaining” and “the most widespread and substantive attack on collective bargaining in the US since the 1930s' battles in the private sector” (Freeman and Han, 2012, p. 387). This paper examines recent developments in public sector labor relations at the state and local levels. It begins with an overview of the state and local public sector workforce characteristics followed by a brief description of events surrounding pension crises and limitations on collective bargaining rights in several states and municipalities. The paper further discusses forms, causes, and implications of restrictions on collective bargaining for public sector employees. Finally, concluding remarks focus on some of the lessons learned from recent developments in public sector labor relations and offer suggestions for the way forward.