Employment Dispute Resolution and Worker Rights in the Changing Workplace

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Author: Adrienne E. Eaton

Publisher: Cornell University Press

Published: 1999

Total Pages: 314

ISBN-13: 9780913447772

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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.


Book Synopsis Employment Dispute Resolution and Worker Rights in the Changing Workplace by : Adrienne E. Eaton

Download or read book Employment Dispute Resolution and Worker Rights in the Changing Workplace written by Adrienne E. Eaton and published by Cornell University Press. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Managing and Resolving Workplace Conflict

Managing and Resolving Workplace Conflict

Author: David Lewin

Publisher: Emerald Group Publishing

Published: 2016-07-26

Total Pages: 280

ISBN-13: 1786350599

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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.


Book Synopsis Managing and Resolving Workplace Conflict by : David Lewin

Download or read book Managing and Resolving Workplace Conflict written by David Lewin and published by Emerald Group Publishing. This book was released on 2016-07-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Employment Law Update, 2020 Edition

Employment Law Update, 2020 Edition

Author: HENRY H. PERRITT (JR.)

Publisher: Wolters Kluwer

Published: 2020-03-14

Total Pages: 300

ISBN-13: 1543818153

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Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field. Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Highlights of coverage in this 2020 Edition include: Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules. Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated. How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements. The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states. The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace. The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors. Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights. Note: Online subscriptions are for three-month periods. Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452


Book Synopsis Employment Law Update, 2020 Edition by : HENRY H. PERRITT (JR.)

Download or read book Employment Law Update, 2020 Edition written by HENRY H. PERRITT (JR.) and published by Wolters Kluwer. This book was released on 2020-03-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field. Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Highlights of coverage in this 2020 Edition include: Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules. Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated. How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements. The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states. The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace. The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors. Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights. Note: Online subscriptions are for three-month periods. Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452


Your Workplace Rights and how to Make the Most of Them

Your Workplace Rights and how to Make the Most of Them

Author: Robert J. Gregory

Publisher: Amacom Books

Published: 1999

Total Pages: 323

ISBN-13: 9780814479919

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This book clarifies the fundamental legal rights of employees--and shows them how to fight for those rights. It examines employment law from their perspective and walks them through each step of the legal process, showing them how these issues are handled in the real world.


Book Synopsis Your Workplace Rights and how to Make the Most of Them by : Robert J. Gregory

Download or read book Your Workplace Rights and how to Make the Most of Them written by Robert J. Gregory and published by Amacom Books. This book was released on 1999 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book clarifies the fundamental legal rights of employees--and shows them how to fight for those rights. It examines employment law from their perspective and walks them through each step of the legal process, showing them how these issues are handled in the real world.


Rethinking Workplace Regulation

Rethinking Workplace Regulation

Author: Katherine V.W. Stone

Publisher: Russell Sage Foundation

Published: 2013-02-14

Total Pages: 438

ISBN-13: 1610448030

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During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.


Book Synopsis Rethinking Workplace Regulation by : Katherine V.W. Stone

Download or read book Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.


Exit, Voice, and Loyalty

Exit, Voice, and Loyalty

Author: Albert O. Hirschman

Publisher: Harvard University Press

Published: 1972-02-01

Total Pages: 180

ISBN-13: 067425449X

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An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”


Book Synopsis Exit, Voice, and Loyalty by : Albert O. Hirschman

Download or read book Exit, Voice, and Loyalty written by Albert O. Hirschman and published by Harvard University Press. This book was released on 1972-02-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”


Philosophical Foundations of Labour Law

Philosophical Foundations of Labour Law

Author: Hugh Collins

Publisher: Philosophical Foundations of L

Published: 2019-02-12

Total Pages: 369

ISBN-13: 0198825277

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The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.


Book Synopsis Philosophical Foundations of Labour Law by : Hugh Collins

Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.


United States Code

United States Code

Author: United States

Publisher:

Published: 2001

Total Pages: 1420

ISBN-13:

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1420 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Oxford Handbook of Conflict Management in Organizations

The Oxford Handbook of Conflict Management in Organizations

Author: William K. Roche

Publisher: OUP Oxford

Published: 2014-07-03

Total Pages: 624

ISBN-13: 019162456X

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New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.


Book Synopsis The Oxford Handbook of Conflict Management in Organizations by : William K. Roche

Download or read book The Oxford Handbook of Conflict Management in Organizations written by William K. Roche and published by OUP Oxford. This book was released on 2014-07-03 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.


Workplace Justice Without Unions

Workplace Justice Without Unions

Author: Hoyt N. Wheeler

Publisher: W.E. Upjohn Institute

Published: 2004

Total Pages: 244

ISBN-13: 0880993138

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Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].


Book Synopsis Workplace Justice Without Unions by : Hoyt N. Wheeler

Download or read book Workplace Justice Without Unions written by Hoyt N. Wheeler and published by W.E. Upjohn Institute. This book was released on 2004 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].