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.     

Fire and restoration of the largest urban forest of the world in Rio de Janeiro City,Brazil

National Park of Tijuca in Rio de Janeiro (Brazil) is about 3,300 ha and considered the largest urban forest in the world. Its floristic composition is typical of Atlantic Rain Forest. The reserve is being altered because of fire occurrences and urban expansion. This study identified locations and causes of forest fires, and makes management recommendations to restore damaged areas. From 1991 to 2000, forest firefighters recorded an average of 75-fire occurrences/year. Identified causes included hot air balloons (24%), intentional (24%), rubbish burning (21%) and religious practices (17%). Primary fuels included invasive grasses and ferns. Although hot air balloons destroyed larger areas of forest in each occurrence, a greater number of fires started in the invasive vegetation along roads that bisect the forest. In response to recurrent forests, invasive vegetation has spread gradually into the forest increasing forest degradation. To decrease fire damage, sites with high fire frequencies and density of invasive vegetation were planted with less flammable species. Results indicate that fire frequency decreased and density of invasive vegetation declined. This approach appears to prevent fire incidence, reduce the need for fire fighting, and preserve existing biodiversity.     

Challenges to Connecting Sociology and Service Learning

Service-learning programs are not free from challenges brought about by lack of financial support, lack of widespread commitment from professors, community agencies, and recipients of service, and lack of knowledge and insight in students directly involved in such programs. While service-learning initiatives and programs serve positive functions for organizations and individuals, rhetorical accolades for service learning can distort or omit the realities of program implementation and sustained delivery. This paper specifically explores the following challenges connected to service-learning programs: (1) pedagogical difficulties; (2) student limitations; (3) time constraints; and (4) community cooperation.     

Netzwerken: Reflexionen und Erfahrungen am Beispiel eines TrainerInnen und BeraterInnen-Netzwerkes

How are social networks organized and how much structure and openess do they have? The ambiguity of networking and the grade of organization are discussed and described theoretically and with an authentic example.     

Führung durch Selbstführung

This paper outlines the conceptual bases, strategies, and psychological attributes of leadership by self-leadership. In addition, relations to other theories of leadership are drawn. Dimensions and correlates of self-leadership competence are described and discussed. Various approaches for developing self-leadership competence are discussed as well.     

Simple detection of outlying short time series

Sets of relatively short time series arise in many situations. One aspect of their analysis may be the detection of outlying series. We examine the performance of standard normal outlier tests applied to the means, or to simple functions of the means, of AR(1) series, not necessarily of equal lengths. Although unequal lengths of series implies that the means have unequal variances, that are only known approximately, it is shown that nominal significance levels hold good under most circumstances. Thus a standard outlier test can usefully be applied, avoiding the complication of estimating the time series' parameters. The test's power is affected by unequal lengths, being higher when the slippage occurs in one of the longer series     

Bayesian analysis of mixture modelling using the multivariate t distribution

A finite mixture model using the multivariate t distribution has been shown as a robust extension of normal mixtures. In this paper, we present a Bayesian approach for inference about parameters of t-mixture models. The specifications of prior distributions are weakly informative to avoid causing nonintegrable posterior distributions. We present two efficient EM-type algorithms for computing the joint posterior mode with the observed data and an incomplete future vector as the sample. Markov chain Monte Carlo sampling schemes are also developed to obtain the target posterior distribution of parameters. The advantages of Bayesian approach over the maximum likelihood method are demonstrated via a set of real data.