The Perils Of Procedurally Regulating Self Regulation Reviewing Cynthia Estlund Regoverning The Workplace
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| Author | : Paul M. Secunda |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
In Regoverning the Workplace, Cindy Estlund embraces “regulated self-regulation” in the workplace or “co-regulation.” This is a distinctly proceduralist spin on New Governance theory. By proceduralist, I mean an approach that emphasizes the existence of procedural devices to mitigate employer unfairness in the workplace. Specifically, Estlund argues for a system of workplace governance in which corporate self-governance is tempered through use of two procedural mechanisms: (1) inside, non-union employee representation and (2) independent outside monitors. Through these devices, Estlund hopes to foster employer-employee collaborations outside of traditional unions and bring a substantial employee voice back into the workplace. History, however, has shown repeatedly that limitless employer power, constrained only by market forces and reputational costs, leads to the worst forms of employer opportunistic behaviors and employee abuse. Although Estlund seeks to apply institutional checks against disingenuous attempts at corporate compliance by employers, I remain unconvinced that employees can either participate meaningfully in employer self-regulation through some form of non-union collective representation or through utilizing independent, outside monitors. Even in these days of limited union density in the private sector, independent unions still remain the best and only effective counterweight against absolute employer domination of the workplace. To hope that employers will see the business, legal, or moral case for co-regulation, and voluntarily reform their sharp practices toward employees, is to believe that employers will start acting ahistorically.
| Author | : Alan Manning |
| Publisher | : Princeton University Press |
| Total Pages | : 414 |
| Release | : 2013-12-03 |
| Genre | : Business & Economics |
| ISBN | : 1400850673 |
What happens if an employer cuts wages by one cent? Much of labor economics is built on the assumption that all the workers will quit immediately. Here, Alan Manning mounts a systematic challenge to the standard model of perfect competition. Monopsony in Motion stands apart by analyzing labor markets from the real-world perspective that employers have significant market (or monopsony) power over their workers. Arguing that this power derives from frictions in the labor market that make it time-consuming and costly for workers to change jobs, Manning re-examines much of labor economics based on this alternative and equally plausible assumption. The book addresses the theoretical implications of monopsony and presents a wealth of empirical evidence. Our understanding of the distribution of wages, unemployment, and human capital can all be improved by recognizing that employers have some monopsony power over their workers. Also considered are policy issues including the minimum wage, equal pay legislation, and caps on working hours. In a monopsonistic labor market, concludes Manning, the "free" market can no longer be sustained as an ideal and labor economists need to be more open-minded in their evaluation of labor market policies. Monopsony in Motion will represent for some a new fundamental text in the advanced study of labor economics, and for others, an invaluable alternative perspective that henceforth must be taken into account in any serious consideration of the subject.
| Author | : Cynthia Estlund |
| Publisher | : Yale University Press |
| Total Pages | : 320 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 0300124503 |
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
| Author | : Karen Orren |
| Publisher | : Cambridge University Press |
| Total Pages | : 256 |
| Release | : 1991 |
| Genre | : History |
| ISBN | : 9780521422543 |
Traditional theories of American political development depict the American state as a thoroughly liberal state from its very inception. In this book, first published in 1992, Karen Orren challenges that account by arguing that a remnant of ancient feudalism was, in fact, embedded in the American governmental system, in the form of the law of master and servant, and persisted until well into the twentieth century. The law of master and servant was, she reveals, incorporated in the US Constitution and administered from democratic politics. The fully legislative polity that defines the modern liberal state was achieved in America, Orren argues, only through the initiatives of the labor movement in the late nineteenth and early twentieth centuries, and was finally ushered in as part of the processes of collective bargaining instituted by the New Deal. This book represents a fundamental reinterpretation of constitutional change in the United States and of the role of American organized labor, which is shown to be a creator of liberalism, rather than a spoiler of socialism.
| Author | : Tamás Gyulavári |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 608 |
| Release | : 2019-12-06 |
| Genre | : Law |
| ISBN | : 9403502045 |
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
| Author | : Nelson Lichtenstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 312 |
| Release | : 1996-07-13 |
| Genre | : Political Science |
| ISBN | : 9780521566223 |
A close examination of what came to be known among collars of any colour as 'the labour problem' with the railroad strikes of the 1870s.
| Author | : Richard A. Epstein |
| Publisher | : Harvard University Press |
| Total Pages | : 980 |
| Release | : 1992 |
| Genre | : Business & Economics |
| ISBN | : 9780674308091 |
This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major
| Author | : Angi M. Christensen |
| Publisher | : Elsevier |
| Total Pages | : 465 |
| Release | : 2013-12-30 |
| Genre | : Law |
| ISBN | : 0124172903 |
Forensic Anthropology: Current Methods and Practice—winner of a 2015 Textbook Excellence Award (Texty) from The Text and Academic Authors Association—approaches forensic anthropology through an innovative style using current practices and real case studies drawn from the varied experiences, backgrounds, and practices of working forensic anthropologists. This text guides the reader through all aspects of human remains recovery and forensic anthropological analysis, presenting principles at a level that is appropriate for those new to the field, while at the same time incorporating evolutionary, biomechanical, and other theoretical foundations for the features and phenomena encountered in forensic anthropological casework. Attention is focused primarily on the most recent and scientifically valid applications commonly employed by working forensic anthropologists. Readers will therefore learn about innovative techniques in the discipline, and aspiring practitioners will be prepared by understanding the necessary background needed to work in the field today. Instructors and students will find Forensic Anthropology: Current Methods and Practice comprehensive, practical, and relevant to the modern discipline of forensic anthropology. Winner of a 2015 Most Promising New Textbook Award from the Text and Academic Authors Association Focuses on modern methods, recent advances in research and technology, and current challenges in the science of forensic anthropology Addresses issues of international relevance such as the role of forensic anthropology in mass disaster response and human rights investigations Includes chapter summaries, topicoriented case studies, keywords, and reflective questions to increase active student learning
| Author | : Felix S. Cohen |
| Publisher | : |
| Total Pages | : 662 |
| Release | : 1971 |
| Genre | : Indians of North America |
| ISBN | : |
| Author | : Roger Blanpain |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 264 |
| Release | : 2012-08-01 |
| Genre | : Law |
| ISBN | : 9041140824 |
Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law – originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 – twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market. Accordingly, this book will prove of inestimable value to practitioners and policymakers in labour and employment law anywhere in the world.
