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.     

THE EAST END, THE WEST END, AND KING'S CROSS: ON CLUSTERING IN THE FOUR-PLAYER HOTELLING GAME

We study experimentally a standard four-player Hotelling location game with a uniform density of consumers and inelastic demand. The pure strategy Nash equilibrium configuration consists of two firms located at one quarter of the "linear city," and the other two at three quarters. We do not observe convergence to such an equilibrium. In our experimental data we find three clusters. Besides the direct proximity of the two equilibrium locations, this concerns the focal midpoint. Moreover, we observe that whereas this midpoint appears to become more notable over time, other focal points fade away. We explain how these observations are related to best-response dynamics, and to the fact that the players rely on best-responses in particular when they are close to the equilibrium configuration.     

Career Self‐Efficacy and Perceptions of Parent Support in Adolescent Career Development

The authors examined the relative contributions of both proximal and distal supports to the career interests and vocational self‐efficacy in a multiethnic sample (N = 139) of middle school adolescents. Consistent with Social Cognitive Career Theory, it was found that (a) vocational self‐efficacy and career planning/exploration efficacy consistently predicted young adolescents' career interests across Holland (J. L. Holland, D. R. Whitney, N. S. Cole, & J. M. Richards, 1969) themes; (b) gender and career gender‐typing predicted interests in Realistic, Investigative, and Social careers; and (c) perceived parent support accounted for 29% to 43% of the total unique variance in vocational self‐efficacy for all Holland theme careers.     

Media Publicity and the Voluntary Sector: The Case of Nonprofit Organizations in New York City

Media publicity is an important resource for contemporary voluntary associations, but very little is actually known about the resources and organizational characteristics that are most important for getting media attention. To address this question, we collected and analyzed data on the organizational attributes and news publicity of 739 nonprofit organizations in New York City. We find that an organization's income, paid staff, membership size, and library resources are significantly related to getting media publicity, whereas the number of chapter affiliations is inversely related to publicity. Association type is also a significant factor that influences an organization's ability to get publicity. We discuss the implications that these findings have for current debates about advocacy and civic engagement in the nonprofit sector.     

Lives in limbo: Temporary Protected Status and immigrant identities

The United States formulates much of its immigration and refugee policy to match economic and political circumstances. We interpret these policy shifts as a set of graduated positions on immigration and refugee flows that attempts to discipline the lives of newcomers and, in so doing, shapes immigrant identities. In this article, we analyse the interplay between the US government and Salvadoran asylum applicants negotiating procedures that grant only temporary relief from deportation via the policy of Temporary Protected Status (TPS). We find that each policy shift results in the strategic renegotiation of asylum applicants’ identities so as to achieve the best opportunity for a successful outcome. Based on Foucault’s ideas of governmentality and Ong’s concept of flexible citizenship, we argue that what appears more superficially as a patchwork strategy of immigration laws and asylum practices may be theorized more deeply as a set of flexible responses by the state that turn on identity construction at different scales, and that aim to mediate transnational relations.     

BIAS IN LIST-ASSISTED TELEPHONE SAMPLES

A number of researchers have suggested list-assisted samplingfor the selection of telephone households to overcome some ofthe operational difficulties associated with the Mitofsky-Waksbergmethods of random digit dialing (RDD). An advantage of a list-assistedmethod of RDD is that an equal probability systematic sampleof telephone numbers can be selected and the variances of estimatesfrom such a sample are usually lower than from a clustered designlike the Mitofsky-Waksberg method. The main disadvantage ofthe list-assisted method is that it excludes some householdsfrom the sample, thus creating a coverage bias in the estimates.This article describes research on the coverage bias for a particularmethod of list-assisted sampling. The two key determinants ofcoverage bias are the proportion of households that are noteligible for the sample and the differences in the characteristicsof the covered and not covered populations. The results showthat about 4 percent of all households are excluded in nationalsamples using this method of sampling. Furthermore, they showthat the differences between the covered and uncovered populationsare generally not large. The coverage bias resulting from theseconditions may often be small.