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 Abject Embodiment of Cancer Patients: Dignity,Selfhood, and the Grotesque Body

The body is the empirical quintessence of the self. Because selfhood is symbolic, embodiment represents the personification and materialization of otherwise invisible qualities of personhood. The body and experiences of embodiment are central to our sense of being, who we think we are, and what others attribute to us. What happens, then, when one's body is humiliating? How does the self handle the implications of a gruesome body? How do people manage selfhood in light of grotesque physical appearances? This study explores these questions in the experiences of dying cancer patients and seeks to better understand relationships among body, self, and situated social interaction.     

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.     

Rehabilitating the Criminality of Immigrants Under Section 19 of the Canadian Immigration Act1

Immigration has historically been associated with moral entrepreneurship and xenophobia. In periods of high unemployment and global dislocation, immigrants easily become the targets of political commentators who complain of their criminality, morals, demand on public services, and competition for scarce employment. In this exercise, looking at the recidivism of immigrants who come to Canada with a previous, foreign criminal history, quite a different picture emerges. Among this random sample (N=204), 97.5 percent of immigrants granted a rehabilitation waiver under the provisions of the Canadian Immigration Act were not re‐arrested in Canada within a period of about 3.5 years after their landing was approved by the Minister. Of those who were arrested, most of the delinquency was manageable and, in fact, resulted in either an acquittal, diversion or lower‐range sanctions. This is not the kind of imagery complained of by the tabloids or critics in the body politic. It behooves us, then, to exercise care in discussing crime and immigration, as it is a subject easily prone to the creation of “moral panics” and resulting repressive legislation against persons of color.     

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.     

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.