Employee Representation in the Emerging Workplace

by Estreicher, Samuel

• ISBN13: 9789041106377
• ISBN10: 9041106375
• Format: Hardcover
• Copyright: 2000-12-01
• Publisher: Kluwer Law Intl

Summary

Proceedings of New York University 50th Annual Conference on Labor Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, The viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, And The United States). it addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership?

Table of Contents

Editor's Preface	xi
Center for Labor and Employment Law at NYU School of Law	xiii
Part I. What Do Workers Want?	1	(74)
What Do Workers Want? Voice, Representation and Power in the American Workplace	3	(30)
Richard B. Freeman
Joel Rogers
Commentary on Freeman & Rogers, What Do Workers Want?	33	(8)
Leo Troy
The Significance of Workers' Attitudes: Individualism as a Cause for Labor's Decline	41	(34)
Sharon Rabin Margalioth
Part II. Labor Law and the New American Workplace	75	(132)
The Provision of Capital and Collective Bargaining Responsibilities	77	(40)
Michael C. Harper
Commentary on Harper, The Provision of Capital	117	(2)
Daniel C. Collins
Commentary on Harper, The Provision of Capital	119	(4)
Jonathan P. Hiatt
Every Man a Servant-A Comment on ``Provision of Capital'' as a Test for Determining Employment Relationships	123	(18)
Edward A. Lenz
Employee Involvement Programs and Section 8(a)(2): A Survey of Employer Practices	141	(36)
Michael H. LeRoy
Commentary on LeRoy, Employee Involvement Programs	177	(6)
Mark Barenberg
Employee Involvement Programs and Section 8(a)(2)	183	(10)
Max Zimny
``Come the Revolution'': Employee Involvement in the Workers' State	193	(14)
Samuel Estreicher
Part III. New Forms of Employee Organization	207	(132)
Employee Organization in High-Velocity Labor Markets	209	(26)
Alan Hyde
The ``Non-Union Union''?	235	(32)
Ann G. Leibowitz
What Can ``Non-Unions'' Do?: A Response to Ms. Leibowitz and Professor Hyde	267	(16)
Laura W. Stein
Commentary on Hyde and Leibowitz	283	(4)
Bertrand B. Pogrebin
The Fat Lady Can't Get a Gig: The Union Movement is Alive and Well in Show Biz	287	(10)
Roy W. Watanabe
Contemporary Experience with the Outlawed Rockefeller Plan	297	(34)
Daphne G. Taras
Mediation and Arbitration of Employment Law Disputes	331	(8)
John T. Dunlop
Part IV: Employees As Owners	339	(2)
A. Ownership Campaigns By Workers
Realigning Corporate Governance: Shareholder Activism by Labor Unions	341	(2)
Stewart J. Schwab
Randall S. Thomas
The Mystery of Union Shareholder Activism: Commentary on Schwab & Thomas	431	(6)
Reinier Kraakman
Organized Labor As Shareholder Activist: Building Coalitions to Promote Worker Capitalism	437	(56)
Marleen A. O'Connor
Pension Funds and Corporate Governance	493	(20)
Roberta Romano
B. Employee Ownership
Employee Stock Ownership in Economic Transitions: The Case of United Air Lines	513	(60)
Jeffrey N. Gordon
Employee Ownership and Unions: Lessons from the Airline Industry	573	(8)
Henry Hansmann
Employee Ownership, Employee Attitudes, And Firm Performance: A Review of the Evidence	581	(46)
Douglas L. Kruse
Joseph R. Blasi
Appendix	621	(6)
Worker Ownership and Retirement Security	627	(6)
Deborah M. Weiss
Labor Law Obstacles to the Collective Negotiation and Implementation of Employee Stock Ownership Plans	643	(60)
Jeffrey M. Hirsch
C. ``Social Investing''
Employee Investment on Pension Investment Boards: An Economic Model of the Pension Contract	703	(22)
Teresa Ghilarducci
On the Advantages of Defined-Contribution Plans: Commentary on Ghilarducci	725
Geoffrey P. Miller