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.     

Experiences of families with relatives with intellectual and developmental disabilities in a consumer-directed support program

The current study explores the experiences of families with relatives with intellectual and developmental disabilities participating in a consumer-directed support program in the USA. The Illinois Home Based Support Services Program provides a limited budget to purchase and manage services. However, within recent years the program has faced cuts and changes. This context provided a rich environment to explore the benefits of the program, as well as oppressive forces creating barriers to the control of financial resources by individuals with disabilities and their families. Financial benefits, benefits from respite and personal assistance services and prevention of undesirable institutional placements were major themes that emerged and triangulated with previous research. The following themes emerged concerning barriers to the control of financial resources: provider and professional control, disability as a deserving group, fraud and abuse perceptions and familism. These themes appear to fit well within a social model of disability applied to the family.     

Glass ceilings or sticky floors? A model of high-income law graduates

Minorities and females are underrepresented in the top-income quintile of law school graduates. Employing a binary logistic regression model, I examine whether this is due to a“glass ceiling” (an invisible barrier erected by third parties) or a“sticky floor” (self-imposed limitations regarding employment). My major finding is that being female, a minority, or disabled did not significantly reduce one's probability of making the top-income quintile once hours of work, experience, and other factors are taken into account. My findings directly contradict the large body of glass-ceiling literature and support the sticky-floor model. I thank the Law School Admission Council for funding this research. Helpful comments and suggestions were received from Robert Nelson of Northwestern University and the American Bar Foundation, Steven Conroy of the University of West Florida, and R. Kim Craft and Douglas Bonzo of Southern Utah University. The views expressed here are solely those of the author and do not necessarily reflect those of the institutions or persons listed above.     

Formalization of grievance procedures: A multi-firm and industry study

This study examines how two aspects of formalization of grievance procedures affect grievance procedure effectiveness: written versus oral presentation of grievance and the level of union and management authorized to resolve grievances at the first step. Several demographic variables were controlled for: size of bargaining unit, percentage of organization represented, number of grievances filed, and industry. A sample of 46 firms, representing a broad cross-section of unionized companies in the private sector, was obtained with the help of the American Arbitration Association. Results indicate that more formal grievance procedures (e.g., written presentation) are positively related to resolution rates at the first step. The number of grievances field and the size of the bargaining unit were positively related to total resolution rates prior to arbitration. We thank the American Arbitration Association for making this study possible.     

The labour market experiences of Canadian immigrants

The economic adaptation of immigrants to Canada is analyzed using government data on the labor force and landed immigrants. In particular, the labor force experience of a sample of immigrants in Canada is examined and compared with that of a Canadian cohort with regard to length of unemployment and income. "Differences in unemployment and insurable earnings are examined by age, sex, immigrant category..., world area of last permanent residence, official language abilities, education, and region of residence." (summary in FRE, SPA)     

The employment effects of immigration: a balance sheet approach

The impact of immigration on unemployment in Canada is examined for the period 1983-1985. The authors attempt to construct a balance sheet of immigration in terms of labor supply and demand. They conclude that immigrants create more jobs than they fill, and that their net effect on the employment situation is positive. (SUMMARY IN FRE AND SPA)     

Institutional Voids,Economic Adversity and Inter‐firm Cooperation in an Emerging Market: The Mediating Role of Government R&D Support

This paper examines the mediating mechanism of the relationship between institutional voids (IVs) and inter‐firm cooperation and the moderating role of economic adversity in the context of small and medium‐sized enterprises (SMEs) based in emerging markets. The hypotheses are tested using time‐lagged survey data from 214 SMEs in Ghana. The findings provide support for the hypotheses by showing that: (1) IVs positively influence the use of government research and development (R&D) support; (2) the use of government R&D support mediates the relationship between IVs and inter‐firm cooperation; and (3) economic adversity positively moderates the relationship between IVs and the use of government R&D support. The findings contribute to understanding the role of IVs in inter‐firm cooperation. The wider implications for theory and practice are examined.     

Examining Localized Patterns of Air Quality Perception in Texas: A Spatial and Statistical Analysis

Environmental and human health issues associated with outdoor air pollution, such as ozone, sulfur dioxide, and other pollutants in metropolitan regions, are an area of growing concern for both policy officials and the general public. Increasing attention from the news media, new health data, and public debate over the effectiveness of clean air regulations have raised the importance of air quality in the public consciousness. While public perceptions of air quality have been studied thoroughly dating back to the 1960s, little empirical research has been conducted to explain the spatial aspects of these perceptions, particularly at the local level. Although recent studies suggest characteristics of local setting are important in shaping perceptions of air quality, the roles of proximity, neighborhood characteristics, and location have not been clarified. This study seeks to improve understanding of the major factors shaping public perceptions of air quality by examining the spatial pattern of local risk perception, the role of socioeconomic characteristics in forming these perceptions, and the relationship between perceived and scientifically measured air pollution. First, we map the spatial pattern of local air quality perceptions using Geographic Information Systems (GIS) across the Dallas and Houston metropolitan areas. Next, we explain these perceptions through local contextual factors using both bivariate correlations and multivariate regression analysis. Results indicate that perceptions of air quality in the study areas are not significantly correlated with air quality based on readings of air monitoring stations. Instead, perceptions appear to be influenced by setting (urban vs. rural), state identification, access to information, and socioeconomic characteristics such as age, race, and political identification. We discuss the implications of the findings and provide direction on how further research can provide a deeper understanding of the local contextual factors influencing public perceptions.     

Reconstructing the size of the African American population by age and sex, 1930–1990

We estimate the size of the African American population in five-year age groups at census dates from 1930 to 1990 using a three-part strategy. For cohorts born after 1935, we follow the U.S. Census Bureau in using classical demographic analysis. To estimate the size of cohorts born before 1895, we use extinct-generation estimates. For remaining cohorts, we implement an age/period/cohort model of census counts. All approaches are applied to a data set in which the age distribution of deaths has been corrected for age misreporting. Results provide strong confirmation of the basic validity of Census Bureau estimates of census undercounts for African Americans while extending estimates to new cohorts and periods. Our estimates are less consistent with an historical series prepared by Coale and Rives (1973).