Partial strikes under the railway labor act: The need for a doctrine of unprotected concerted activity

In light of use by airline unions of partial-strike tactics, such as concerted refusals to bid for overtime work and so-called ” CHAOS” tactics involving unannounced refusals to fly after passengers have been ticketed and are ready to board, the authors examine whether the Railway Labor Act (RLA) should be interpreted to permit employers to discipline employees for engaging in such tactics, or whether these are a protected form of economic pressure. Although in many respects bargaining duties and economic weapons under the RLA are read consonant with precedents under the National Labor Relations Act (NLRA) (which governs all industries other than rail and air transport), there are a few decisions suggesting that during the period when self-help may be resorted to, employees can engage in partial strike activities as long as they violate no court order but are subject to permanent replacement in limited circumstances. These decisions, the authors submit, fail to take account of Supreme Court decsions since the 1930s that some economic pressures by unions, such as slowdowns and sitins, may not violate the labor laws but nor are they protected by those laws so as to immunize partial strikers from employer discipline. These decisions are not based on unique features of the NLRA. Rather, they give recognition to the background assumptions of Congress that employers may act to protect their property interests as long as they do not run afoul of NLRA or RLA protections and that employees who engage in partial-strike activities are subject to employer discipline even where not strictly necessary to maintain operations. Moreover, these tactics skew the bargaining process by giving employees an essentially risk-free gambit to pressure their economic position through planned disruption of carrier operations. Professor Estreicher is also labor and employment counsel to O’Melveny & Myers, LLP. The views expressed herein are the authors’ and should not be attributed to any organization. Hannah Breshin and Tom Jerman of O’Melveny & Myers, assisted the authors with this article. We also thank Professor Herbert Northrup for his helpful comments.     

The effects of leadership change on team escalation of commitment

Although teams benefit from developing plans and processes that boost efficiency and reduce uncertainty, they may become too attached to these plans and escalate commitment when an alternative response is needed. Drawing on theories of team leadership, team processes and escalation of commitment, we propose that a change in leadership can help the team reduce commitment to outdated plans and avoid further escalation over time. Across two studies, we tested and found support for our hypotheses and provide evidence that leadership change can break the cycle of escalation by enhancing leader-driven team reflection and refocusing the team on error correction instead of additional investment. We discuss how the results of these studies extend existing theory and add to our understanding of the important role leaders play in enhancing team adaptation and preventing team escalation.     

Academic Entrepreneurship: Time for a Rethink?

Academic entrepreneurship, which refers to efforts undertaken by universities to promote commercialization on campus and in surrounding regions of the university, has changed dramatically in recent years. Two key consequences of this change are that more stakeholders have become involved in academic entrepreneurship and that universities have become more ‘strategic’ in their approach to this activity. The authors assert that the time is ripe to rethink academic entrepreneurship. Specifically, theoretical and empirical research on academic entrepreneurship needs to take account of these changes, so as to improve the rigour and relevance of future studies on this topic. We outline such a framework and provide examples of key research questions that need to be addressed to broaden understanding of academic entrepreneurship.     

Is the Education of Local Children Influenced by Living near a Refugee Camp? Evidence from Host Communities in Rwanda

This article studies the extent to which educational services and schooling outcomes of local children are influenced by the presence of a refugee camp in or near their community. Investigating Congolese refugees in Rwanda and relying on a mixed‐method approach, we examine schooling rates and access to school‐based feeding programmes in communities closer to and further away from three refugee camps. We conduct cohort analyses to compare the schooling outcomes of Rwandans residing at different distances from each of these camps. Our results highlight that children residing closer to the camps have better schooling outcomes and that locals residing closer to the camps have mostly positive views regarding the effects of refugees on local education. These results contribute to the literature on the effects of refugees on host communities and inform policy debates on how refugees need not be a “burden” if a long‐term vision shapes educational investments.     

Aggressive behavior among women sexually abused as children

Although research shows that sexually abused children appear to be at risk of subsequent aggressive behavior, few investigations address whether such behavior persists beyond childhood. This research describes the self-reported adolescent and adult fighting behavior of 136 women sexually abused as children and examines the role of intervening variables in the risk of such behavior. The women are part of a longitudinal study of 206 primarily low-income, urban women whose abuse was documented at the time it occurred. Fighting was common, particularly during adolescence. Adult aggression was strongly associated with being a victim of violence by an intimate partner. A history of exposure to other forms of violence significantly increased the risk of fighting while strong maternal attachments mitigated the risk, primarily by reducing the likelihood of involvement in an abusive intimate relationship.     

Development and accuracy of projections of population and households in the united states

The history of the official U. S. projections of population and house-holds in recent decades is briefly reviewed, with particular attention to methodology and the relation of the methodology to the accuracy of the projections. The introduction of the cohort-component procedure in the 1930’s opened the way for separate analysis of the trend of the components of births, deaths, and net immigration in connection with making population projections. As a further development, the period-fertility method of projecting births gave way in the 1960’s to the cohort-fertility method. Consideration is now being given to various methods involving parity-progression procedures. Some alternative methods and problems of measuring the accuracy of population projections are then considered. The percent “error” in the projected population growth, by components and age, and the range from high to low expressed as a percent should also be examined in addition to the percent “error” in the total population. However accuracy is measured, the projections made in the 1930’s and 1940’s were often wide of the mark, and those made in the 1950’s and 1960’s failed to anticipate the sharp changes which occurred, even though the actual figures usually fell within the range projected. Elaboration of projection methodology has not resulted in any great increase in the precision of the projections, largely because birth rates have fluctuated widely, and the fluctuations have proven difficult, if not impossible, to predict. The projections of households have had a roughly similar history, and the methods and problems of evaluation are somewhat similar. Their development has been characterized by the introduction of alternative and changing “headship” rates and increasing disaggregation of the data and procedures. The paper concludes with some generalizations based on U. S. experience. Although refinement of methods may contribute little to accuracy, accuracy is only one aspect of the usefulness of projections. The need for conditional projections and their analytical usefulness are such that there is no question that we should confidently continue to make them.