Labor-management Disputes Research Articles

Forced Resignation of Financial Industry Workers by Employers Judging from The Legislation

This study aims to discuss the impact of employer-forced layoffs on employees. Industrial interactions between employees and employers are sometimes a source of contention. In a country's economy, the financial industry plays a critical role. Both parties need each other, yet their tactics are very different. The government is the only party with authority to settle labor-management disputes. Employer-initiated layoffs (PHK) harm the economy, particularly in the country's financial sector and socio-political life. Unemployment will rise as a result of layoffs, causing national instability. Unemployment can lead to riots and other social problems. This discussion is based on the Manpower Law's normative. This research employs a normative legal approach. Forced layoffs or revisions to worker resignations, according to this study, violate the Manpower Act. The rights of workers who wish to resign and workers laid off differ significantly. Instead of layoffs, companies might save money on severance pay by having employees retire. The company's responsibility to give compensation in severance pay and other workers' rights will be eliminated if employees depart. Dispute resolution forums can help workers and employers work out their differences.

An Exploratory Study on Group Bullying of Labor Union Members in Labor-Management Disputes

An Exploratory Study on Group Bullying of Labor Union Members in Labor-Management Disputes

Temporary Weapons: Employers' Use of Temps against Organized Labor

Since the 1970s, U.S. employers have restructured their relationship to the labor market. This restructuring has included their rising use of nonstandard workers, particularly agency temps, and their systematic attacks on labor unions. These two trends are generally understood to be related but separate facets of a broader restructuring of the employment relationship. In this article, the author shows where and how these trends intersect by analyzing 106 labormanagement disputes. Employers use temps as weapons against unions in four primary ways: to prevent unions from forming, to weaken existing unions, to apply pressure on unions during negotiations, and to intimidate or harass striking workers. The author concludes that deploying agency temps in this way is a qualitatively new phenomenon—not simply a continuation of employers' longstanding practice of replacing union workers with “scab” labor.

Protocol for a Systematic Review: Behavioral, Psychological, Educational, and Vocational Interventions to Facilitate Employment Outcomes for Cancer Survivors

Protocol for a Systematic Review: Behavioral, Psychological, Educational, and Vocational Interventions to Facilitate Employment Outcomes for Cancer Survivors

Employer Weapons in Labor-Management Relations: Are They Relevant (and Practical) in the Case of Labor-Management Disputes in Professional Sports?

What actions are permissible to an employer in a case of a labormanagement dispute? This article addresses the variety of options available to an employer in the context of a labor dispute, in general, and, in particular, in professional sports. Considered will be actions ranging from the hiring of replacement workers during a strike, the imposition of a full or partial lockout by the employer, the refusal of the employer to rehire workers who had been replaced during a strike, and whether the rules established for replacement workers equally apply where management has engaged in a lockout of its workers. A discussion of the importance of NLRB v. Mackay Radio and Telegraph Co. in the context of professional sports will be undertaken. 1 Hunter et al.: Employer Weapons Published by Digital Commons @ Kent State University Libraries, 2016 Hunter, Shannon and Mayo 2

Other Models for Labor-Management Dispute Resolution: The Wisconsin Experiment

Twenty-two years ago leaders from the Wisconsin Department of Labor Relations and leaders from the Wisconsin State Employees Union, AFSCME Council 24, agreed that they needed a more efficient way to deal with their backlog of grievances, many of which involved routine issues and did not require a precedential decision. To that end they mutually crafted two special arbitration procedures: the umpire arbitration process and the expedited arbitration process. In the intervening years the parties have resolved a large portion of their grievances using these special procedures, and today relatively few grievances are taken to conventional arbitration. Given this extended and extensive track record, the parties were interested in now more closely examining their experience to determine how the advocates who have been in the trenches and use these special processes evaluate them and how they might be improved. To that end arbitrators prepared a ninety-question anonymous survey to which an advocate could respond with a quantifiable score and could also offer additional related thoughts. All of the advocates – who among themselves had one to thirty-six years of labor relations experience – responded to this survey. Results revealed that both union and management advocates are highly satisfied with the umpire arbitration and expedited arbitration processes. Advocates suggested very few changes and none would support eliminating these special procedures as options. In short, it is fair to say that the parties have realized their goal of resolving select grievances more efficiently while at the same time preserving fairness and effectiveness. These special arbitration procedures have worked well, and in today’s even more challenging economy other parties with substantial grievance backlogs could learn much from the Wisconsin experience.

Political partisanship, race, and union strength from 1970 to 2000: A pooled time-series analysis

This paper reports findings that assess the relationship between the resurgence in conservative political strength and union density in the United States. The conservative Republican return to political power after 1968 is likely to have produced added declines in union membership. Yet despite close political regulation of labor–management disputes, sociologists have paid little attention to the influential political determinants of success in these contests. Using fixed-effects estimation, this analysis assesses the relationship between the political strength of the political party most hostile to labor and union density. With multiple factors held constant, the results suggest that increased Republican presence in the state legislatures along with Republican control of the presidency and the governor’s office after 1989 helped to reduce union memberships. The results also indicate that increases in the percentage of African Americans produces greater union strength but not in the ex-Confederate states. Added findings suggest two policies controlled by the states have influential effects on this outcome.

Building a labor anthropology

At the port of Charleston, South Carolina in January of 2000, members of the predominantly African-American Local 1422 of the International Longshoremen's Association (ILA) picketed a ship being unloaded by nonunion workers. Their picket turned into a police riot, and in the aftermath, five dockworkers were arrested and charged with a felony. On the Global Waterfront: The Fight to Free the Charleston 5 by writer and former union organizer Suzan Erem and anthropologist E. Paul Durrenberger is an account of the successful international campaign on behalf of these workers. I attended an event sponsored by the New York City Charleston 5 Defense Committee in 2001. Defense committees were formed throughout the country, and there were dozens of meetings like this one. At the New York event, held in Brooklyn's Lafayette Presbyterian Church, an institution well known for its support of progressive causes, I listened to Local 1422 president Ken Riley and Bill Fletcher (then assistant to the president of the AFL-CIO) explain that the dockworkers were under house arrest and faced five years in jail. They also told us that the small, 600 member local was being sued for millions by both the shipping company, Nordana, and the union-busting stevedoring firm, WSI. As I learned that evening, and as Erem and Durrenberger masterfully show in On the Global Waterfront, this was not an ordinary labor-management dispute. The stakes were so high that they suggested class interest and struggle that went well beyond the particular conflict. The political ambition of the state Attorney General Charlie Condon was on the table. Condon pushed the Charleston police to up the riot charges to a felony so he could summon South Carolina's racist and anti-union legacy as he used this case to pursue higher office. Also at stake was the intense pressure for capital accumulation in the global shipping industry, a sector that used containerization for decades to

Outside the Box: Corporate Media, Globalization, and the UPS Strike

Students of the news will welcome Deepa Kumar’s analysis of coverage of the 1997 UPS strike. Media coverage of that strike was notable for its departure from standard narratives concerning labor-management disputes. Most often, strikes are framed as disruptive, inconvenient to the public, and harmful to the economy.While news reports about the UPS strike often reflected these pro-business sentiments, they also, at times, represented labor’s point of view. Kumar presents a comprehensive examination of why this coverage was anomalous. Kumar adopts a ‘‘domination/resistance’’ model of media power, following Gramsci’s notion of hegemony. Based on this model, she argues that the news media are contradictory institutions that most often uphold the status quo by an over-reliance on official sources, and by unreflectively reproducing a professional ideology congruent with values and beliefs of the country’s power structures. She takes liberal apologists of the news media to task for their easy acceptance of the marriage of capitalism and democracy, criticizes the Chomsky-Herman model of political economy of the media for its overemphasis on the engineering of consent, and skewers postmodernist versions of cultural studies for their valorization of textual reading as resistance. Kumar maintains that, for the last third of the twentieth century, neoliberal strategies of globalization have given rise to a whole series of working class issues that were not unique to UPS: part-time employment, stagnant wages, subcontracting, speedups, diminished safety and health protection, and the pension grab. The heart of her book resides in her textual/framing analyses of network television in chapter 3, and mainstream newspaper coverage by USA Today, the New York

조직변화 냉소주의가 직무몰입 및 조직몰입에 미치는 영향;사립전문대학을 중심으로

본 연구는 사립전문대학 행정직원의 조직변화 냉소주의가 직무몰입 및 조직몰입에 어떠한 영향을 미치는가를 알아보고, 학내분규를 경험한 대학과 그러하지 않은 대학과의 차이를 분석하여 이에 따른 시사점을 제시하고자 연구되었다. 실증분석에 의한 본 연구의 결과는 다음과 같다. 전체표본에 대한 조직변화 냉소주의가 직무몰입 및 조직몰입에 어떠한 영향을 미치는가에 있어서, 조직변화 냉소주의는 행정직원의 직무몰입과 조직몰입을 감소시키는 것으로 나타났다. 그리고 대학특성(학내분규 경험 유·무)에 따른 차이점 결과, 학내분규를 경험한 대학의 경우에는, 조직변화 냉소주의가 행정직원의 직무몰입 및 조직몰입을 감소시키는 것으로 나타났으나, 학내분규를 경험하지 않은 대학의 경우에는 유의한 영향을 미치지 않는 것으로 나타났다. The purpose of this study is to give some suggestions by examining what kind of effects the cynicism about the organizational change of the administrative staff in private colleges have on their job involvement and organizational commitment and by analyzing the difference between the colleges having experienced labor-management disputes and those without such experiences. The results of this study obtained by actual analyses and the suggestions provided based on the results are as follows. In the colleges having experienced disputes on campus, the cynicism about the organizational change reduces the job involvement and the organizational commitment of the members of the organizations. On the other hand, there are no significant effects of the cynicism about the organizational change on the job involvement and the organizational commitment of the members in the case of the colleges not having experienced disputes on campus.

The Ombudsman: Value of Expertise for Forecasting Decisions in Conflicts

In important conflicts such as wars and labor-management disputes, people typically rely on the judgment of experts to predict the decisions that will be made. We compared the accuracy of 106 forecasts by experts and 169 forecasts by novices about eight real conflicts. The forecasts of experts who used their unaided judgment were little better than those of novices. Moreover, neither group's forecasts were much more accurate than simply guessing. The forecasts of experienced experts were no more accurate than the forecasts of those with less experience. The experts were nevertheless confident in the accuracy of their forecasts. Speculating that consideration of the relative frequency of decisions across similar conflicts might improve accuracy, we obtained 89 sets of frequencies from novices instructed to assume there were 100 similar situations. Forecasts based on the frequencies were no more accurate than 96 forecasts from novices asked to pick the single most likely decision. We conclude that expert judgment should not be used for predicting decisions that people will make in conflicts. When decision makers ask experts for their opinions, they are likely to overlook other, more useful, approaches.

The Ombudsman: Value of Expertise for Forecasting Decisions in Conflicts

In important conflicts such as wars and labor-management disputes, people typically rely on the judgment of experts to predict the decisions that will be made. We compared the accuracy of 106 forecasts by experts and 169 forecasts by novices about eight real conflicts. The forecasts of experts who used their unaided judgment were little better than those of novices. Moreover, neither group’s forecasts were much more accurate than simply guessing. The forecasts of experienced experts were no more accurate than the forecasts of those with less experience. The experts were nevertheless confident in the accuracy of their forecasts. Speculating that consideration of the relative frequency of decisions across similar conflicts might improve accuracy, we obtained 89 sets of frequencies from novices instructed to assume there were 100 similar situations. Forecasts based on the frequencies were no more accurate than 96 forecasts from novices asked to pick the single most likely decision. We conclude that expert judgment should not be used for predicting decisions that people will make in conflicts. When decision makers ask experts for their opinions, they are likely to overlook other, more useful, approaches.

What Did Partnerships Do? Evidence from the Federal Sector

In 1993, then-President Clinton issued a landmark executive order mandating labor-management partnerships in the federal service. The authors examine a unique set of data on the operations and effects of 60 partnerships that covered several hundred thousand federal employees. These data, plus evidence on the broader federal sector, show that partnerships provided a forum for collaborative communications and joint decision-making, improved the labor relations climate, reduced labor-management disputes, and modestly improved organizational performance. Analyses of survey results from partnership-council representatives show that perceptions of communications and decision-making were positively correlated with labor relations climate and organizational performance. The authors discuss the implications of their results for labor-management cooperation generally and labor relations in the federal sector specifically.

The Politics of Labor-Management Relations: Detecting the Conditions that Affect Changes in Right-to-Work Laws

To contain the costs of conflicts between labor and management, governments in the advanced democracies have adopted far-reaching provisions that regulate labor-management disputes. This close control means that the legal climate is an important determinant of victory in these struggles, but there is almost no statistical research on the recent politics of labor-management relations despite the theoretical importance of this issue. To begin to fill this void, this study uses a pooled cross-sectional time-series analysis that detects the conditions that best explain the presence of right-to-work laws in U.S. states since 1960. Non contingent findings suggest that racial divisions and small business dominance increase the probability that the legal context will favor management instead of labor. Historically contingent results suggest that an accord between labor and large firms that broke down after the early 1970s also influenced these perennial political struggles.

Machine learning for intelligent support of conflict resolution

Because negotiation and conflict resolution are complex and unstructured tasks, they need sophisticated decision support. One of the crucial characteristics of such support is systems that are capable of improving their performance, both in terms of efficiency and solution quality, by employing machine learning techniques. A framework for intelligent computer-supported conflict resolution through negotiation/ mediation is presented. The model integrates Artificial Intelligence methods (case-based reasoning) and decision theoretic techniques (multi-attribute utilities) to provide enhanced conflict resolution and negotiation support in group problem solving. This model has been implemented in the PERSUADER, a computer program which operates in the domain of resolution of labor management disputes. The PERSUADER uses case-based reasoning (CBR) to learn from its experience. In contrast to quantitative models or expert systems that solve each problem from scratch and discard the solution at the end of problem solving, CBR retains the process and results of its computational decisions so that they can be re-used to solve future related problems. CBR is a powerful learning method since it enables a system not only to exploit previous succesful decisions, thus short-cutting possibly long reasoning chains, but also to profit from previous failures by using them to recognize similar failures in advance so they can be avoided in the future. As the state of the art in DSS development advances and as DSSs support increasingly more complicated tasks, such machine learning techniques will become an indispensable part of decision support systems.

戦後日本炭鉱労使関係の特質と「炭鉱社会」の形成

During the Second World War, the number of workers who were employed by colliery companies had increased. They worked under the supervision of skilled workers who had served for long term and had come to hold the positions of the superintendent.After the defeat of W.W. II, the workplaces of colliery companies were out of order. Labor unions which had been organized rapidly beared the responsibility to maintain the order of workplaces and to control the workers. As a result, they were permitted to participate in management. Since 1949 when controls over coal-mining industry was removed, colliery companies attempted to cut down expenses and to raise efficiency. For they tried to deprive of vested rights of labor unions, many labor-management disputes took place. Red purge that was carried out at 1950 gave a blow to unions. However, managements could not succeeded in their attempts, and labor unions keeped their powerful positions to determine the labor conditions and the treatment of individual worker.In 1950's, coal mine workers improved their stability remarkably. They and their families came to live inside each coal mine in which they were employed. As a result, a feeling of identification with local community was held in common by them.

Arbitrator Ethics and the Second Look - Functus Officio in the National Labor Policy

The term functus officio means a task or office performed. Once something has become functus officio it has no further legal authority. The major organizations of labor arbitrators have included the functus of ficio doctrine in their Code of Professional Responsibility for Arbitrators of Labor-Management Disputes (the Code). The Code prohibits a labor arbitrator from clarifying or modifying his or her award once it has been issued, unless both parties consent. The author argues that the functus officio doctrine should be removed from the Code because it conflicts with national labor policy. After tracing the roots of the doctrine in the com mon law, the author argues that the courts in this country have not applied it to labor arbitration under collective bargaining agreements. The author asserts that the courts have recognized the important role arbitration plays in collective bargaining agreements, and that the national labor policy re quires a complete resolution of a dispute by arbitration. Thus, the author contends, the courts have refused to invoke the functus officio doctrine to labor arbitration and have concluded that ambiguous awards should be returned to the arbitration process for clarification. Moreover, the author states that arbitrators have disregarded the doctrine in order to modify an award in a quicker, less costly manner. The author concludes that the functus officio doctrine should be eradicated from the Code.

Problem Restructuring in Negotiation

To achieve movement towards a negotiated settlement, it is often necessary to restructure the problem under negotiation. Problem restructuring can lead to changed perception of the issues by the parties, thus breaking deadlocks and increasing the parties' willingness to compromise. We present a framework and mechanisms for problem restructuring based on the goals and goal relationships of the negotiating parties as well as means of manipulating the parties' utility estimates. In addition, previous negotiations are a source of heuristic advice in the restructuring task. The restructuring approach has been implemented in the PERSUADER, a computer program that acts as a labor mediator in labor management disputes. To achieve its task, the PERSUADER negotiates separately with each party, company and union, to guide them in reaching agreement.

Barriers to conflict resolution

Drawing on such diverse but related disciplines as economics, cognitive psychology, statistics, and game and decision-making theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, labor management disputes, environmental treaty making, and politics. When does it pay for parties to a dispute to cooperate, and when to compete? How can third-party negotiators further resolutions and avoid the pitfalls that deepen the division between antagonists? Offering answers to these and related questions, this book is a comprehensive guide to the latest understanding of ways to resolve human conflict.

The Presidencies of Grover Cleveland.

Grover Cleveland, who served as both the twenty-second and the twenty-fourth president of the United States, dominated the American political scene from 1884 to 1896. Viewed at one time as a monument of presidential courage, Cleveland has over the past generation been dismissed by historians as a Bourbon Democrat, the symbol of that wing of the Democratic party devoted to preserving the status quo and protecting the interests of the propertied. In this revisionist study, Richard Welch takes a fresh look at the Cleveland administrations and discovers a man whose assertive temperament was frequently at odds with his inherited political faith. Although pledging public allegiance to a Whiggish version of the presidency, Cleveland's aggressive insistence on presidential independence led him to exercise increasing control of the executive branch and then to seek influence over Congress and national legislation. Quick to denounce governmental paternalism and the centralization of political power, Cleveland nevertheless expanded the authority of the national government as he revised federal land and Indian policies in the West and ordered the army to Chicago during the 1894 Pullman strike. For all his fears of constitutional innovation, he was neither a champion of big business nor unaware of the problems posed by the post-Civil War economic revolution. He signed the Interstate commerce Act, warned against the growing power of industrial combination, advocated voluntary federal arbitration of labor-management disputes, and fought the monopolization of western lands by railroad an timber corporations. Welch places Cleveland's battles on behalf of tariff revision, civil service reform, and the gold standard within the context of the conundrum of a strong president who usually failed to gain the cooperation of Congress or the Democratic party. Cleveland reinvigorated the American presidency and reestablished an equilibrium between the executive and legislative branches of the federal government, but by his obdurate enmity to the silverites and the agrarian radicals, he helped assure the division and defeat of his party in the election of 1896. Welch demonstrates that Cleveland's achievements and failures as a political leader were attributable to an authoritarian temperament that saw compromise as surrender. Two chapters of the book are devoted to Cleveland's diplomacy, focusing especially on his response to Hawaiian and Cuban revolutions and the boundary dispute between Venezuela and Great Britain. Welch takes issue with the currently popular thesis that U.S. diplomacy in the last decade of the nineteenth century displayed a concerted governmental effort to solve domestic economic problems by expanding foreign markets in East Asia and Latin America. In addition to providing insights into the character of one of our more interesting presidents, this reassessment of Grover Cleveland's historical legacy shows clearly that the Cleveland years served as the essential preface to the development of a modern presidency and to the identification for executive power.