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 state of social capital: Bringing back in power,politics, and history

Theory and Society -     

教师教育影响的特征及其启示

教师的教育影响是附属于教师个体的特殊的教育影响。它具有高效性、灵活性、感染性、示范性等特征。教师应充分认识这些特征, 在教育实践中做到教书育人相结合、身教与言教相结合、理论与实践相结合。     

漫谈多媒体教学课件的设计

设计多媒体课件 ,要了解授课对象的基本情况 ,根据教学目标选定教学内容。在各学习界面的设计中 ,充分体现教学策略     

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.     

论经学对《汉书》义例的影响

经学对《汉书》的影响是深重的。经学对《汉书》义例的影响主要表现在两个方面：一是立名定目，依托经典；二是创立志表，弘扬经学。探讨经学对《汉书》的影响有助于解决一些史学问题。     

论美国宪法政治形成发展的基础

美国宪法政治形成和发展的原因 ,在于有英国立宪政治的深厚文化与思想做基础 ,在于社会各群体有在法治状态下生活的习惯和传统。济济的法律人才在国家政治制度的设计上起了主导作用 ;社会经济制度为美国的宪法政治确立与发展奠定了坚固的基础 ;国家不豢养和保存大规模的常备军 ,人民的代议机关能牢牢控制国家武装力量 ,尤其能控制国家武装力量的经济命脉。另外 ,北美独立运动不是一场专制王权与民主力量之间的冲突与斗争 ,而是一场殖民地力量壮大以后争取分离的运动     

Changing times in pharmaceutical statistics: 2000‐2020

In a previous paper we considered how pharmaceutical statistics had changed between 1980 and 2000. In this paper we go on to consider some of the likely influences and changes in the world of pharmaceutical statistics over the next twenty years. Statistical research by pharmaceutical companies is supported, although its direct value in boosting company profits is challenged. The duality between fraud and conflict of interest is explored, particularly with regard to data and safety monitoring boards. Political correctness within clinical trials and (allegedly) better patient‐oriented outcomes is questioned and the whole notion of intention‐to‐treat and per‐protocol analyses is rejected in favour of pragmatic trials and explanatory trials. The dominance of SAS software within the industry is explored and the possibility for change considered. Finally, whilst the future of pharmaceutical companies is not addressed, the impact of future mergers, collaborations and take‐overs between clinical research organizations is considered. Copyright © 2002 John Wiley & Sons, Ltd.     

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.