The Effectiveness of Reinstatement as a Public Policy Remedy: The Kohler Case

Drotning, John E.; Lipsky, David B.

doi:10.1177/001979396902200202

Cited by 3 publications

(4 citation statements)

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“…Much attention has been devoted by industrial relations and legal scholars to the effectiveness of NLRB remedies for violations of the Act (Bok 1964;Bredhoff 1974;Drotning and Lipsky 1969;Farber 1954;Greer and Martin 1978;Gross, Cullen, and Hanslowe 1968;Hood 1981;King 1977;Kleiner and Schliebs, forthcoming;Kramer 1967;McCulloch 1968;Murphy 1981;Nolan and Lehr 1979;O'Hara and Pollitt 1968;Peck 1961;Roomkin 1981;Ross 1966;St. Antoine 1968a;Samoff 1965;Smisek 1983;University of Chicago Law Review 1968;Wall 1982;Wolkinson 1969).…”

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

“…First, workers suffering illegal discrimination normally wait a long time for little or no relief (see the case incidents reported in O'Hara and Pollitt, 1968, andin Samnoff, 1965). For all ?8 charges, it has been reported that in 1980 it took a median of 484 days to obtain an NLRB decision after complaint filing and an additional 485 days to obtain a court of appeals decision (Weiler 1983(Weiler : 1795; some ULP charges have taken four, six, or even ten years to be resolved (O'Hara and Pollitt 1968;Drotning and Lipsky 1969). If "justice delayed is justice denied," then the Act's adminis-'2But some scholars have concluded that NLRB remedies are effective in some circumstances (see Drotning and Lipsky 1969;Wolkinson 1969).…”

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

“…Most employees decline reinstatement offersoften because they fear employer retaliation (Drotning and Lipsky 1969;Weiler 1983Weiler : 1791. Of those accepting reinstatement, a large majority leave the job within a few years (Samoff 1965;O'Hara and Pollitt 1968).…”

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

“…Of those accepting reinstatement, a large majority leave the job within a few years (Samoff 1965;O'Hara and Pollitt 1968). Drotning and Lipsky's (1969) finding that the most disadvantaged workers (those with the fewest skills and qualifications) tend to accept reinstatement offers suggests that the reinstatement option, though flawed, provides some protection to those with the poorest employment alternatives. But the disadvantaged Kohler Company workers studied by Drotning and Lipsky waited nearly a decade to get their jobs back.…”

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

See 3 more Smart Citations

The NLRA at Fifty: A Research Appraisal and Agenda

Delaney¹,

Lewin²,

Sockell³

1985

ILR Review

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A survey of fifty years of research on the Wagner and Taft-Hartley Acts reveals that researchers' conclusions about the NLRA and its enforcement have generally depended upon their perceptions of the law's purpose; most researchers do not seem to consult relevant research outside their own disciplines; and some important aspects of the NLRA have received little attention. The authors recommend, among other things, that future studies focus on the law's impact on workers, unions, and employers, rather than on the congressional intent behind the NLRA."The G-D Wagner Act"' FOR fifty years this phrase has summarized one of the few feelings that unions, employers, politicians, and employees have had in common regarding the law regulating U.S. private sector labor relations.

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Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

Section: Section 8: Workers' Protectionsmentioning

confidence: 99%

See 2 more Smart Citations

The NLRA at Fifty: A Research Appraisal and Agenda

Delaney¹,

Lewin²,

Sockell³

1985

ILR Review

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Neil W. Chamberlain: A Retrospective Analysis of His Scholarly Work and Influence

Kuhn

Lewin

McNulty

1983

Brit J Industrial Rel

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A N D NEIL W. CHAMBERLAIN'S recent retirement from Columbia University provides an opportunity to assess the work of a leading American scholar. Though he is most closely identified with the field of industrial relations, his interests and published works are wideranging. Judging the output of so prolific a scholar is a formidable task. To make this task manageable, we have chosen to focus on Chamberlain's writings in three areas: industrial relations, industrial organisation and the theory of the firm, and the role of corporate management in society. These are dealt with sequentially below. In the last portion of the paper, we attempt a synthesis of the assessments in order to reach an overall judgment concerning the intellectual contributions of Chamberlain's scholarly work. INDUSTRIAL RELATIONSEven within this single field, Chamberlain's writings are voluminous so that, here too, only a selective assessment of his scholarship can be attempted. In particular, we will analyse Chamberlain's work on bargaining power, the impact of the union on management, and the nature of the management function. It should be clear that space constraints, rather than disinterest, prevent us from examining Chamberlain's writings on the bargaining unit, strikes, union politics, grievance procedures, and the labour agreement.Further, the choice of certain areas of industrial relations for analysis does not stem from a belief on our part that Chamberlain's work in each of them has had an equally large impact on the field. To the contrary, and as will be detailed in the following sections, we judge the impact on industrial relations theory and research of Chamberlain's work on bargaining power to be substantial, the impact of the work on the union penetration into management to be modest, and the impact of the work on the management function to be negligible. We also believe, however, that there are significant aspects of Chamberlain's research in these three areas, especially the second and third areas, which have been largely overlooked by industrial relations scholars. If this assessment is correct-which is to say, if it is shared by readers-then perhaps some scholars will be motivated to re-examine certain of Chamberlain's works, with a view toward advancing the state of industrial relations theory and research. Bargaining PowerMost industrial relations scholars would probably concur in the judgment that Chamberlain's principal contribution to the field lies in his analysis of bargaining power. The simplest definition of bargaining power offered by Chamberlain (1958) is '...the ability to secure another's agreement on one's own terms'. However, this concept is more complex, as the following passage indicates (Chamberlain, 1951):We may define bargaining power (of A, let us say) as being the cost to B of dbagreeing on A s terms relative to the costs of agreeing on A's terms ... Stated in another way, a (relatively) * Professors of Business, Columbia University 143 144 BRITISH JOURNAL OF INDUSTRIAL RELATIONS high cost to B of disagre...

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Side by Side We Battle Onward? Representing Workers in Contemporary America

Givan

2007

Brit J Industrial Rel

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As collective bargaining in the United States declines, diverse forms of worker representation are proliferating. Strategic dilemmas of representation are central to the diverse organizations and coalitions representing disparate aspects of workers' interests. Unions continue to bargain collectively, while forming alliances with other groups and providing an array of services to members. Other organizations and loose associations represent specific aspects of workers' interests and advocate on their behalf while stopping short of collective bargaining. This article compares the scope, objectives and methods of worker representation by unions and non-bargaining actors. It argues that the key dilemmas of which workers to represent, over what issues and through which organizational forms, apply both to unions and to non-bargaining actors, such as community organizations, and advocacy groups, which represent select interests of particular workers. These non-bargaining actors are key strategic allies for unions. While these organizations do not take on collective bargaining, they are sometimes better positioned to represent other key needs and interests of workers. The legal-political and mutual insurance needs of workers are sometimes well met by these emergent groups. However, these organizations do not, and cannot, provide the advantages of traditional collective bargaining. Copyright Blackwell Publishing Ltd/London School of Economics 2007.

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The Effectiveness of Reinstatement as a Public Policy Remedy: The Kohler Case

Cited by 3 publications

References 0 publications

The NLRA at Fifty: A Research Appraisal and Agenda

The NLRA at Fifty: A Research Appraisal and Agenda

Neil W. Chamberlain: A Retrospective Analysis of His Scholarly Work and Influence

Side by Side We Battle Onward? Representing Workers in Contemporary America

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