Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

95 – Labor — Management (Union)

ARTICLES

Gabriel Feldman. Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports, 86 Tul. L. Rev. 831 (2012).
The author of this work uses the two cases to illustrate the changing bargaining power in negotiations between professional athletes and managers, especially regarding lockouts. Specifically, this article addresses the players’ use of antitrust law to challenge these lockouts, and suggests that managers are in the midst of clawing back power that was largely lost in the era of player unions.
{1} NEGOTIATION
{74} SUBJ MATTER: ANTITRUST
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
 
William B. Gould IV, Beyond Labor Law: Private Initiatives to Promote Employee Freedom of Association in the Obama Era, 87 Ind. L.J. 69 (2012)
FirstGroup PLC, a British Corporation designed a novel dispute resolution process to handle labor union issues arising out of the corporation’s business in the United States. This article analyzes the FirstGroup program, including its relationship with the National Labor Relations Board and Obama Administration initiatives.
{60} ADR—GENERAL
{95} SUBJ MATTER LABOR—MANAGEMENT (UNION)
{102} SUBJ MATTER: PUBLIC POLICY
 
Jordan I. Kobritz, Jeffrey F. Levine, & Steven C. Palmer, Don Fehr Trades his Ball for a Puck: Will he Continue to Score?, 19 Vill. Sports & Ent. L.J. 521 (2012)
This article examines the various issues that new National Hockey League Players’ Association head Donald Fehr will have to negotiate with the NHL for the next collective bargaining agreement. These issues include revenue sharing, escrow payments, international player participation, the salary cap, roster sizes and guaranteed contracts, unrestricted free agency, player safety, division realignment, long-term, front-loaded contracts, Fehr’s successor, and negotiating strategy.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Matthew M. McCluer, Reading the Fine Print: Emerging Views on the Successorship Doctrine and Mandatory Arbitration Provisions, 31 Miss. C. L. Rev. 85 (2012).
This article analyzes the lower court applications of three Supreme Court decisions, referred to as the “Successorship Trilogy,” concerning whether a new employer is bound to the terms of the collective bargaining agreement between a predecessor employer and a union after a change in ownership.  The author suggests the Third Circuit interpretation is the most appropriate of all the lower court interpretations.
{44} ARBITRATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
 
Jillian N. Morphis, Negotiations Between the WGA and AMPTP: How to Avoid Strikes and Still Promote Members’ Needs, 12 Pepp. Disp. Resol. L.J. 525 (2012).
Although the Writers Guild of America and Alliance of Motion Picture and Television Producers reached agreements that ended the strikes in 1988 and 2007, the strikes were costly and inefficient uses of time that could have been avoided. If the parties are unable to reach an agreement that is favorable to their members, they should hire a neutral third party to mediate their discussions. This mediator will help the WGA and AMPTP maintain control of the dispute while facilitating the discussions, allowing the parties to reach an agreement, and avoid future strikes by the writers.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)

Jordan G. Spahr, Seeking Public Employee Relations Act Remedies Following Association of Pennsylvania State Colleges & University Faculties v. Pennsylvania Labor Relations Board: Is Collective Bargaining an Amicable Solution Or a Band-Aid?, 21 Widener L.J. 475 (2012).
Collective bargaining may no longer be a fair way to manage disputes between unions and employers. Collective bargaining agreements preclude some employees from seeking appropriate relief through the courts for unfair employment practices.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)

Michelle T. Sullivan, Binding Arbitration as a Means of Settling Public Sector Union Contracts: A Process with an Image Problem?, 43 U. Tol. L. Rev. 655 (2012).
This article analyzes recent debates in Ohio over binding arbitration in collective bargaining with public employees. After examining the animosity toward such clauses and the reason behind it, the author argues that binding arbitration is not a way for the union to win every time through the resolution of disputes by an outside party. The author concludes that binding arbitration prevents labor strikes and impasse in negotiations.
{44} ARBITRATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

BOOKS

Chris A. Hollinger Et Al., The Railway Labor Act (2012).
This treatise claims to be the authority on disputes between labor and management.  The work helps negotiating parties to “characterize the dispute” and then advises them on how to win for their side.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)