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.     

Peer Crowd Affiliation and Internalizing Distress in Childhood and Adolescence: A Longitudinal Follow‐Back Study

Concurrent and longitudinal associations between peer crowd affiliation and internalized distress were examined in a sample of 246 youth (148 girls, 98 boys). Children completed measures of depression, social anxiety, loneliness, and self‐esteem when they were in grades 4 to 6 (Time 1), and again 6 years later during adolescence (grades 10 – 12; Time 2). At Time 2, adolescents also reported their self‐concept and their identification with reputation‐based peer crowds, including Populars, Jocks, Brains, Burnouts, Non‐Conformists, and None/Average crowds. Results indicated that adolescents' report of peer crowd affiliation was concurrently associated with self‐concept and levels of internalizing distress. Follow‐back analyses of internalizing trajectories revealed that Populars/Jocks had experienced significant declines in internalizing distress across development, whereas Brains exhibited some increases in internalizing distress between childhood and adolescence.     

Relations Between Measures of Irritability and Contingency Detection at 6 Months

The hypothesis that irritability and contingency detection are negatively correlated was examined in thirty‐one 6‐month‐old infants. Observation and maternal report‐based assessments of irritability were correlated with both a criterion score and a continuous score of contingency detection. Results indicated that greater irritability in infants was associated with lower contingency detection scores. Discussion focuses on identifying processes by which the 2 constructs may be associated.     

Integrating Family Resilience and Family Stress Theory

The construct, family resilience, has been defined and applied very differently by those who are primarily clinical practitioners and those who are primarily researchers in the family field. In thisarticle, the family resilience perspective is integrated with conceptual definitions from family stress theory using the Family Adjustment and Adaptation Response (FAAR) Model in an effort to clarify distinctions between family resiliency as capacity and family resilience as a process. The family resilience process is discussed in terms of (a) the meaning of significant risk exposure (vs. the normal challenges of family life) and (b) the importance of making conceptual and operational distinctions between family system outcomes and family protective processes. Recommendations for future family resilience research are discussed.     

TOOLS OR TOYS? THE IMPACT OF HIGH TECHNOLOGY ON SCHOLARLY PRODUCTIVITY

We examine the impact of communication technology on scholarly productivity by considering patterns of coauthored economics articles. Using articles in three major economics journals from 1970–79 and 1992–96, we find (1) sharp growth from distant coauthorships (authors not in the same metropolitan area prior to publication), as the theory predicts, and, contrary to theory, (2) lower productivity of distant than close-coauthored works and no decline in their relative disadvantage. These findings are reconciled by noting that high technology has aspects of a consumer good. The relative productivity of solo-authored articles has decreased, perhaps explaining the secular increase in coauthorship.     

Challenges to professionalism and union voting intentions: The case of pharmacists

Using data from a national survey of pharmacists who are members of the American Pharmaceutical Association, we examine the union voting intentions of employee pharmacists. We find that union instrumentality regarding professionalism is a primary predictor of union voting intent among these employees. In addition, this predictor mediates the relationship between the level of professionalism at a pharmacist’s current employment situation and his or her expected union vote. Also important to union voting intent are respondent beliefs about union instrumentality regarding pecuniary issues, prior union experience, as well as overall job satisfaction. Implications for employers, unions, and researchers are drawn. We thank Mary Graham, Jann Skelton, Paul Swiercz, Terry Thomason, and participants at the Seventh Bar-gaining Group Conference at Michigan State University for their comments on earlier versions of this paper. This research was made possible by a grant from the American Pharmaceutical Association.     

Adolescent Protective Factors Promoting Resilience in Young Adults at Risk for Depression

In a longitudinal, community-based study, adolescent protective factors for those at risk for depression were identified that were associated with resilient outcomes in young adulthood. For those with childhood risk factors for major depression, significant protective factors included family cohesion, positive self appraisals, and good interpersonal relations. Findings may help inform the development of prevention and treatment programs for adolescents vulnerable to depression. Implications for future research and clinical practice are discussed.     

Adolescents' and Mothers' Understanding of Children's Rights in the Home

Adolescents' and mothers' understanding of children's self‐determination and nurturance rights was examined in the context of the home. In individual interviews, 141 sixth, eighth, and tenth graders and their mothers responded to hypothetical vignettes in which a child story character wished to exercise a right that conflicted with parental practices. For each vignette, participants were asked to judge whether the story character should have the right in question and to provide a justification for their decision. Generally, eighth and tenth graders were more likely than their mothers to endorse requests for self‐determination and less likely than their mothers to support requests for nurturance. Mothers of tenth graders were more likely to support requests for self‐determination and less likely to favor adolescents' request for nurturance in the home than were mothers of sixth and eighth graders. In terms of reasoning, adolescents and mothers were more likely to consider the individuals' rights when discussing self‐determination situations, whereas nurturance situations elicited responses pertaining to participants' understanding of familial roles and relationships. Furthermore, mothers' reasoning about childrenà s rights reflected sensitivity to the developmental level of their children. The findings are discussed in terms of previous research on the development of children's understanding of rights and adolescent autonomy.