Union organizing drives dealt a blow by Supreme Court

The Lechmere case is important because it reaffirms that employers' property rights take precedence over the rights of nonemployees to engage in union organizing on employers' property. This is particularly important for hospitals and health care institutions because of their heightened exposure to union organizing activity after American Hospital Association v. National Labor Relations Board, discussed above. Providers should, however, remember two points. First, the principal focus of Lechmere was on union organizing by nonemployees; nothing in Lechmere limited the basic right of employees to form and join labor unions as guaranteed by Section 7 of the NLRA. Additionally, Lechmere notwithstanding, providers must be careful not to discriminate in their approach to union organizing activities--even by nonemployees. Thus, if a provider allows nonemployee groups other than unions to enter upon its property for purposes of soliciting employees and/or distributing literature, any attempt to bar nonemployee union organizers from the property would probably be deemed discriminatory and could indeed be an unfair labor practice. (In Lechmere, the employer consistently enforced a ban against all such nonemployee groups.)     

The summer of union discontent portends a season of employer discomfort

The recent splintering of the unions of the Change to Win Coalition from the AFL-CIO has received a great deal of attention in the media. Few have watched these developments with greater interest than employers in a broad variety of employment settings. As union prospects in the manufacturing industries have dwindled, employers in the service industries such as healthcare have become especially sensitive to changes in the labor movement and the opportunities to organize. This Article explores the philosophical differences responsible for the AFL-CIO schism, the likely effect this division will have on union organizing efforts in the healthcare industry, and the negative consequences these organizing efforts could have on employee free choice within the industry. In addition, this Article outlines some of the steps healthcare employers can take to protect their ability to communicate freely and directly with their employees.     

A proposal for a nonreinstatement rule in unfair labor practice cases involving patient abuse

Nursing home discharges of employees based on patient abuse raise a difficult issue when the motivating factor for the disciplinary action is union activism. A tension is created between the rights of employees to engage in protected concerted activity and the rights of patients to quality care. In 1974, Congress passed the Health Care Institutions Amendments, which granted to non-profit health care workers collective organizing and bargaining rights substantially similar to those which workers in other industries had enjoyed for decades under the National Labor Relations Act. Congress intended to give health care workers only that degree of parity, however, which is compatible with the provision of high quality patient care. The agency charged with enforcing the Act, the National Labor Relations Board (NLRB), has failed to distinguish employee misconduct in industrial settings from patient abuse in health care institutions when fashioning remedies for discriminatorily discharged union activists. The NLRB typically has ordered the reinstatement, with back pay, of the patient abuser as the patient's primary care-giver. This Article suggests that a front pay remedy is more appropriate to these cases because it protects the patient's right to be free from abuse without sacrificing employee unionization rights.     

UNIONIZATlON BEHIND THE WALLS

Inmate militancy has evolved from rioting to nonviolent forms of protest and, more recently, to union organizing activities. Prisoners' unions have been opposed by state officials. and a number of tactics have been employed to weaken them Although no constitutional or statutory provisions deal specifically with the right of prisoners to unionize, that right probably depends upon the union's ability to demonstrate that it does not threaten institutional security and would not significantly alter the existing power structure. Prisoners' unions could represent a more participatory and open form of bargaining than currently exists in prisons     

提高高校工会干部素质三议

工会干部是党的干部队伍的一部分,如何提高工会干部素质,是高校改革发展的需要。本文通过对形势发展、高校工会干部的现状、素质的分析,提出要从工会干部自身努力、创造良好的外部环境两方面提高工会干部素质。     

Together despite the odds: Explaining racial and ethnic heterogeneity in union dissolution after incarceration

The U.S. incarceration rate rose dramatically over the past 45 years, increasing the number of marriages and cohabiting unions disrupted by a jail or prison stay. But as some have pointed out, not all unions dissolve as a result of incarceration, and there seems to be racial–ethnic variation in this tendency, with Blacks displaying higher rates of dissolution than Whites and Hispanics. Yet it is unclear what explains racial–ethnic differences in union dissolution among the incarcerated. Drawing on the National Longitudinal Survey of Youth 1997 (NLSY97), we examine why racial–ethnic differences in union dissolution exist among a sample of individuals who had a marital or a cohabiting union interrupted by an incarceration spell. In doing so, we draw on social exchange theory and structural and cultural theories to suggest that racial–ethnic disparities in union dissolution are explained by differential exposure to protective relationship characteristics. The results of Cox hazard models reveal that Blacks have significantly higher hazards of union dissolution than do Whites and Hispanics. These results also indicate that being married, having a child together, having full-time employment, a longer union duration, and a shorter incarceration spell may protect against dissolution and that these factors account, in part, for the greater risk of dissolution among Blacks relative to Whites and Hispanics.     

当代中国工会理论与实践的创新

实现从计划经济体制下的行政性工会向市场经济体制下的自治性工会的转变,需要经历一个长期而艰苦的历程.在这一历程中,现代的、科学的工会理论必不可少,务实高效的法律制度建设势在必行,工会的工作内容应发生变化.     

组织犯概念诸学说介评--从组织犯刑事立法出发的思考

组织犯是共犯者类型之一,围绕组织犯的概念界定产生了不同的理论学说,其中具有代表性的有特有类型说、等同说、一般类型说。组织行为的法典化有两种取向,即组织行为的总则化与组织行为的分则化。组织行为的总则化是在刑法总则中对组织犯做一般性的规定。组织行为的总则化有两种做法:组织犯的明示规定和组织犯的默示规定。组织行为的分则化其实质就是组织行为的实行行为化。组织行为的分则化可分两种情况:一是在刑法分则中对组织犯和非组织犯规定不同的刑罚尺度,体现对组织行为的打击力度;二是在刑法分则中直接把组织行为规定为具体罪。分则化的组织犯也就失去了共犯者类型的本来意义,是实质上的实行犯。     

《劳动合同法》中工会的职权分析

维护职工合法权益既是工会的基本职权,也是工会的基本职责。在新的历史条件下,构建工会的职权体系是有效防范和化解劳资双方矛盾的一条切实可行的路子。我国新近颁布的《劳动合同法》赋予工会的职权可以概括为5个方面的内容,即协商权、异议权、签约权、起诉权和监督权。工会的这一职权体系是一个整体,但这些规定也存在一些问题和不足,尤其是关于签约权、监督权和起诉权的规定均需要进一步完善。     

Structural determinants of union activity in hospitals

This study uses national data from the American Hospital Association and the National Labor Relations Board in a multivariate framework to assess the impact of various structural factors on union activity in hospitals. The theoretical framework includes both management and union perspectives in evaluating (1) whether the hospital had a signed collective-bargaining contract in 1980; (2) whether a union election had been held; and (3) whether the union won the election. The results indicate that certain structural characteristics (hospital size, ownership, teaching status, and location) have had a significant impact on union activity in hospitals, while other characteristics (third-party reimbursement and area factors) have not. The results also show that prospective reimbursement has a positive impact on union activity.     

Criminal organizing applying the theory of partial organization to four cases of organized crime

We explore how the idea of partial organization can provide insights in the study of organized crime. Studying criminal organizing with a theoretical framework used for other social organizing phenomena can help us see the interplay between different forms of criminal collaboration under a single analytical lens, and start a discussion on whether criminal organizing is intrinsically different from other types of social organizing. We analyze four cases of criminal collaboration in Sweden between 1990 and 2015: the Syriac mafia, the Hells Angels Mc Sweden, the street gang Werewolf Legion, and the Hallunda robbery. While the outlaw motorcycle gang, and to a certain extent the street gang, are complete organizations, the mafia is based around and heavily parasitic on other institutions. We have also shown that time-bounded projects are found in the criminal context, with these emerging from strong network relations. Our results show that most of the elements of criminal organizing are not formalized and that partial organization is at least as important and powerful as complete organization.     

ADOLESCENT VIOLENT VICTIMIZATION AND PRECOCIOUS UNION FORMATION*

This article bridges scholarship in criminology and family sociology by extending arguments about “precocious exits” from adolescence to consider early union formation as a salient outcome of violent victimization for youths. Research indicates that early union formation is associated with several negative outcomes; yet the absence of attention to union formation as a consequence of violent victimization is noteworthy. We address this gap by drawing on life course theory and data from the National Longitudinal Study of Adolescent Health (Add Health) to examine the effect of violent victimization (“street” violence) on the timing of first coresidential union formation—differentiating between marriage and cohabitation—in young adulthood. Estimates from Cox proportional hazard models show that adolescent victims of street violence experience higher rates of first union formation, especially marriage, early in the transition to adulthood; however, this effect declines with age, as such unions become more normative. Importantly, the effect of violent victimization on first union timing is robust to controls for nonviolent delinquency, substance abuse, and violent perpetration. We conclude by discussing directions for future research on the association between violent victimization and coresidential unions with an eye toward the implications of such early union formation for desistance.     

A Political Economy Model of Workers Representation: The Case of Union Elections in Spain

In this article we present a political economy model to analyse the effects of union elections. Union elections are the prerequisite for participating in collective bargaining and they are a unique Spanish institution for union recognition. We apply standard political economy assumptions to model the union elections in order to understand their influence on the dynamics of the unemployment rate. Although union elections give the right to vote to virtually all workers, we show that insider power exists and that it introduces a hysteresis effect on the unemployment rate. In addition, the model shows how the date of the union elections can amplify the business cycle. An empirical analysis confirms the main predictions of the model.JEL Classification: K31, J51, E24     

社会利益格局调整中的工会利益表达

当前利益格局调整过程中的关键问题是建立和完善相应的利益表达机制以化解严重的利益协调危机。强化中国工会利益表达功能,使其能够真正成为工人利益表达和实现的组织,不仅是形成有效的利益协调机制的重要内容,而且是化解社会矛盾与冲突,促进社会和谐的有效方式。但由于工会的定位导致其利益表达角色冲突、工会组织的行政化导致其利益表达缺乏独立性、工会利益表达手段和方式的简单化导致其利益表达效能不足,应从结构体制和功能机制的更新入手推进中国工会改革。     

Reversed Solidarity in Pension Plans

There is a unexpected phenomenon in the majority of complementary pension plans in the Netherlands. Unlike other arrangements that are the result of collective bargaining and decision making, these pension plans increase the inequality in the distribution of (lifetime) income. In those plans, persons without a career contribute to the payment of pension provisions of those with a career. Generally speaking, this implies that blue-collar workers and women pay for the pensions of white-collar workers, who are mostly men. For some of the contracting parties, the terms of the pension contract seem to be disadvantageous and suboptimal. The question arises as to why these contracts are being concluded and how they can survive in a competitive environment. Moreover, since the pension plans are the result of collective bargaining between the organisation of employers and the labour unions, the question arises as to how reversed solidarity fits the alleged redistributive goal of the labour unions. The analysis leads to the following conclusions. Firstly, that information and transaction cost, collective agreements, legal barriers and market failures on substitute arrangements prevent the conclusion of optimal contracts. Secondly, employers would find the pension plan attractive because it discourages shirking, enhances productivity and the process of job matching and reduces labour turnover. Thirdly, a pension plan based on final salary is in the interest of the median voter in the labour union, who is older and earns a higher seniority wage than junior workers. Furthermore, in the given circumstances the pension plan enlarges union membership and the dues income of the union and endows the union leadership with more prestige and influence. Individual union members would not oppose such a pension plan for reasons of informational asymmetry, transaction cost and the inability to capture the full benefits of their actions.A comparison of the pension schemes of Belgium, Germany, France and the UK shows that there are large differences in the structure and content of retirement provisions. Reversed solidarity may also be part of the pension plans in Belgium and the UK.     

Principles of economic union: An extension of John Rawls's theory of justice

In this article I identify the principles of justice by which an economic union is to be constituted. For this purpose, I extend John Rawls's constructivist theory of justice to economically integrated societies. With regard to the principles identified, I defend a twofold claim. First, the principles of economic union generated by this extended procedure of construction can serve as common points of reference for the subjects of an economic union. Second, these principles cannot come into conflict with similarly constructed prior principles of social justice and international justice.     

INTIMATE PARTNER VIOLENCE RISK AMONG VICTIMS OF YOUTH VIOLENCE: ARE EARLY UNIONS BAD,BENEFICIAL, OR BENIGN?

Youth violent victimization (YVV) is a risk factor for precocious exits from adolescence via early coresidential union formation. It remains unclear, however, whether these early unions 1) are associated with intimate partner violence (IPV) victimization, 2) interrupt victim continuity or victim–offender overlap through protective and prosocial bonds, or 3) are inconsequential. By using data from the National Longitudinal Study of Adolescent to Adult Health (N = 11,928; 18–34 years of age), we examine competing hypotheses for the effect of early union timing among victims of youth violence (n = 2,479)—differentiating across victimization only, perpetration only, and mutually combative relationships and considering variation by gender. The results from multinomial logistic regression models indicate that YVV increases the risk of IPV victimization in first unions, regardless of union timing; the null effect of timing indicates that delaying union formation would not reduce youth victims’ increased risk of continued victimization. Gender‐stratified analyses reveal that earlier unions can protect women against IPV perpetration, but this is partly the result of an increased risk of IPV victimization. The findings suggest that YVV has significant transformative consequences, leading to subsequent victimization by coresidential partners, and this association might be exacerbated among female victims who form early unions. We conclude by discussing directions for future research.     

Who’s in favour? Same-sex union laws in parliament

The article analyses which parties support registered partnership and same-sex marriage bills in parliament in Western Europe. Existing comparative research indicates that left parties back same-sex union laws. This article shows that support is not limited to the left camp. Liberal and even Christian democratic parties have expressed above-average support as well, albeit with certain exceptions. The chief opponents of same-sex union laws are Protestant parties and the parties of the far right; in terms of numbers, however, both are largely insignificant. Far more relevant for these laws’ chances of success are the positions of the large parties at the centre and at the right of the political spectrum. The analysis reveals considerable inter-country differences in these parties’ attitudes, which can be explained to a large extent with the two-worlds-of-morality-politics distinction introduced by Engeli, Green-Pedersen and Larsen: countries in which centre and right parties continue to oppose same-sex union laws are part of the religious world, with the exception of France. The results for France indicate a need for further research.     

Estimation of age from epiphyseal union at the wrist and ankle joints in the capital city of India

Various studies conducted in and outside India for estimation of age from long bone joints revealed that unlike other vital parameters no uniform pattern exists for epiphyseal union of long bones in different countries of the world and also in different parts of the same country. A radiological study was conducted in 180 boys and girls of the capital city of India, Delhi, between the age group of 14-20 years to find out the age at which epiphyseal union at wrist and ankle joint takes place. The result of the study showed that the wrist joint epiphyseal union is completed in all cases in the age group of 19-20 years in males and 18-19 years in females. In the ankle joint, 17-18 years was the age group in males and 16-17 years the age group in females which showed complete epiphyseal union in all cases.