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.     

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     

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.     

近代天皇制:日本发动对外战争的罪魁

近代天皇制是日本对外侵略战争连绵不断之深层次、制度意义上的原因。因为近代天皇制是日本政治制度的核心 ,是军国主义的基础 ;天皇是战时国家的最高军事统帅 ,是国家最高领导人和最终决策者 ,天皇无论是在战前、战时、战后 ,都是日本国民教育的精神领袖。     

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     

Significant Factors of Aviation Insurance and Risk Management Strategy: An Empirical Study of Taiwanese Airline Carriers

Aviation insurance premiums have become a heavy burden for the airline industry since September 11, 2001. Although the industry must constantly balance its operations between profitability and safety, the reality is that airlines are in the business of making money. Therefore, their ability to reduce cost and manage risk is a key factor for success. Unlike past research, which used subjective judgment methods, this study applied quantitative historical data (1999–2000) and gray relation analysis to identify the primary factors influencing ratemaking for aviation insurance premiums. An empirical study of six airlines in Taiwan was conducted to determine these factors and to analyze the management strategies used to deal with them. Results showed that the loss experience and performance of individual airlines were the key elements associated with aviation insurance premiums paid by each airline. By identifying and understanding the primary factors influencing ratemaking for aviation insurance, airlines will better understand their relative operational strengths and weaknesses, and further help top management identify areas for further improvement. Knowledge of these factors combined with effective risk management strategies, may result in lower premiums and operating costs for airline companies.