This study investigates the effects of organizational factors on firms' adoption and use of internal staffing strategies. In particular, we examine the different effects of firm- and branch-level factors on the adoption of internal development programs and the selection of entry-level employees. We find that firm-level factors, such as firm size and organizational prestige, are positively associated with the adoption of development programs. Branch-level factors, such as branch size and leverage ratio, are positively associated with entry-level hiring. This study offers new insight into the dynamics between different levels of organizational factors and their relationship with human resource management practices.
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.
This study reviewed a body of empirical research on Carole Pateman's democratic spillover thesis, which argues that democratic participation in the workplace spill over into political participation. The review revealed significant variance in defining and measuring of workplace democracy and participation among quantitative empirical studies on the spillover thesis. The review also discovered that majority of the reviewed studies omitted higher level participation as a predictor, and political efficacy, which is a mediating mechanism between workplace participation and political behaviors, in testing the hypotheses. Suggestions for future research and limitations are discussed.
This paper examines the labor policies of the United Typothetae of America (UTA) from its birth in 1887 through the late 1920s and argues that labor policy differences among its members (personified by two prominent New York City-based printing employers, Theodore DeVinne and Charles Francis) created a “house divided” that not only prevented it from creating and maintaining a unified labor policy but also ultimately led to its demise as an employers' association and reconstitution primarily as a trade association. It will do so by analyzing key episodes in the UTA's labor history to show how the two competing labor philosophies – DeVinne's absolute authority & independence and Francis's stability & order – interacted with industry conditions – intense price competition, a decentralized industry structure, proprietor autonomy, the relative power of unions, and economic conditions – to impact the UTA's labor policies and its institutional survival. The UTA's experience reveals the diversity of American employers' experiences as well as the challenges that they have faced when attempting to act collectively in the industrial relations arena. Moreover, recent IR research on employers' associations around the world also reveals that, as unions have declined in power, many also are shifting their focus away from labor relations to other member services.
We use panel data models to examine variations and changes in faculty employment at four-year colleges and universities in the United States. The share of part-time faculty among total faculty has continued to grow during the last two decades, while the share of full-time lecturers and instructors has been relatively stable. Meanwhile, the share of nontenure track faculty among full-time faculty has been growing, especially among the professorial ranks. Dynamic panel data models suggest that employment levels of different types of faculty respond to a variety of economic and institutional factors. Colleges and universities have increasingly employed faculty whose salaries and benefits are relatively inexpensive; the slowly deteriorating financial situations at most colleges and universities have led to an increasing reliance on a contingent academic workforce. A cross-sectional comparison of the share of full-time nontenure track faculty also reveals significant variations across institutions.
The research predicts which public school teachers are likely to resign their union membership since agency fees were found unconstitutional in Janus v. AFSCME. We compare teachers in right-to-work states with comprehensive collective bargaining laws with teachers in former agency shop states, using unique district-teacher matched data constructed from the School and Staffing Survey. We find that teachers who are male, Hispanic, part-time, with alternative certification, work either in charter schools or in schools with more students qualifying for free lunches are more likely to become nonunion. Teachers who are black, work under a collective bargaining, have post-graduate degrees, are more experienced, work in larger schools or in areas with a higher cost of living, perceive more school problems or a poor school climate, work in an elementary school, or teach special education are more likely to remain union members now that agency shop provisions are unenforceable.
We examine the evolution of labor arbitration decisions between 1988 and 2018 in which a union-represented employee was alleged to have committed sexual harassment. We find that management punished sexual harassment more stringently over time and that arbitrators became more sensitive to whether or not good procedure was followed by management over time. Distributive justice was also a major concern for arbitrators. The results suggest that it is essential for management to exercise procedural justice in disciplining employees, but that it is just as important for management to consider distributive justice when it comes to imposing discipline for inappropriate behavior.
We examine how different neutral sources and third-party neutral qualification differences relate to mediation and arbitration usage at large US firms. Neutral sourcing is controversial, particularly in employment arbitration, where many have expressed concern that unregulated sourcing arrangements may bias outcomes in favor of employers. We use agency and structure theories to hypothesize that firms will be less likely to use mediation when the neutral is sourced as a result of court-annexed mediation, but that firms may be more likely to use arbitration when the neutral is sourced from a private third-party provider. Utilizing human capital theory, we also hypothesize that organizations will use both mediation and arbitration more frequently when neutrals are perceived to be more highly qualified. Empirically, we rely on data gathered from a survey of US Fortune 1000 corporations to test these hypotheses and find support for each of them. Our results suggest that, while firms uniformly value professionalization in their neutrals, employers may impose structures on themselves in high-stakes circumstances like arbitration to ensure standardized and consistent processes, but prefer agency in lower-stakes circumstances like mediation.
This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to study ADR due to its high level of institutionalized individual workplace conflicts and its extensive workplace statutory regulation. Investigating the case of three Brazilian private companies of different sectors and sizes, I found that Brazilian companies are developing their own ADR practices, focusing on ombudsman offices (OOs), instead of using the mediation and arbitration methods that are predominant in the United States. I argue that the adoption of the ombudsman can be explained by institutional and workplace level factors, which include the characteristics of Brazilian industrial relations system, each company’s human resources (HRs) strategy, and the relationship between companies and unions. Furthermore, I discuss how the usage rate of the OOs might vary according to the OO’s internal structure and its functioning rules. The cases provide important insights for scholars interested in ADR in general and in Brazilian industrial relations system, as well as union leaders, HR managers, and other practitioners dealing with workplace conflicts globally.
This chapter presents a theoretical framework of the industrial relations (IR) system in China’s coal mining industry, combining the roles of management organizations, workers, and trade unions, as well as government agencies. It is one of the first empirical attempts to investigate the relationship between human resource (HR) practices, labor relations, and occupational safety in China’s coal mining industry over the past 60 years, based on the secondary data on coal mining accidents and case studies of two state-owned coal mines in a northern city in Anhui Province, China. The fluctuating occupational safety has been affected by government regulations over different time spans, marked by key political agendas, and by coal mining firms taking concrete measures to respond to these regulations, while exhibiting differing safety performance in state-owned versus township-and-village-owned mines. The field studies compared a safety-oriented to a cost-control-oriented HR and labor relations system, and their influences on safety performance. Coal mining firms and practitioners are advised to shift the traditional personnel management paradigm to a modern HR management system. In addition, although workers are often blamed directly for accidents, it is suggested that workers’ participation and voice in various processes of decision-making and policy implementation, and trade unions’ active involvement in protecting workers from occupational hazards, be encouraged.
This chapter aims to answer whether foreign multinational corporations (MNCs) operating within the Chinese context differ from indigenous firms on several essential labor standards indicators: white- and blue-collar salaries, pension insurance, and working hours. In drawing upon neo-institutional and organizational imprinting theories and applying these to the Chinese context, the study addresses competing arguments regarding the expected effects of ownership type on these indicators. We employ seemingly unrelated regressions (SURs) to empirically examine a novel national survey of 1,268 firms in 12 Chinese cities. The regression results show that foreign MNCs do not provide uniquely beneficial labor practice packages to workers when compared with various indigenous firm types, including state-owned enterprises (SOEs), affiliate businesses of Hong Kong, Macau, and Taiwan, and domestic private enterprises (DPEs). Specifically, although MNCs provide relatively higher wage rates, they underperform relative to SOEs concerning social insurance. However, DPEs consistently underperform relative to MNCs across most indicators. The mixture of the results contributes important nuances to the application of neo-institutional and organizational imprinting theories to the Chinese context.
Facing the aging workforce but older workers’ vulnerability in the labor market, this chapter empirically explores factors and policy implications to enhance older workers’ entered employment rates (EER) after exiting the national workforce program. After reviewing older workers’ attributes and the unique methods to train them, the chapter examines demographic, socioeconomic, and program attributions to older workers’ EER, controlling for cyclical changes in the labor market. The chapter relies on three sets of models including logistic regression, multi-level mixed-effect regression, and multilevel mixed effect logistic regression models, as well as longitudinal Workforce Investment Act Standardized Record Data and Bureau of Labor Statistics unemployment data. Older dislocated workers and older adults are examined separately. Some Workforce Innovation and Opportunity Act training and related service combinations are identified to contribute to older adults and older dislocated workers’ EER and to inform strategic decision-making about future allocations of funds and policy efforts to serve older workers.
With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these policies may reduce the economic viability of lower value employment claims. Of particular worry are claims made under the Fair Labor Standards Act since the FLSA does not include punitive damages. This study empirically tests the relationship between 368 Fortune 1000 companies' employment arbitration policies and their wage and hour violations discovered during the Department of Labor inspections. Surprisingly, firms that used arbitration were found to have fewer violations and lower back wages for those violation compared to firms that did not use arbitration. This suggests that viewing arbitration merely as a cost-reduction tool may cast the practice too narrowly and instead it may be part of a larger conflict management system that seeks to address conflict at the earliest possible stage.
The chapter presents emerging evidence on the development of the platform economy, paying particular attention to the motivations for entering platform work, the conditions of platform work, and the extent of social protections afforded platform workers. Debate thus far has tended to be highly speculative and lacking in grounded empirical analysis, with policy-makers in particular actively looking to regulate platform work on the basis of its novelty as a form of employment within the wider context of the decline of the "standard employment relationship." The chapter explores such concerns through an analysis of European Union labor market data and a unique data-set of circa 1,200 online "click workers" across four established platforms. A novel contribution of the analysis is to differentiate between those that only work on platforms (work-dependent platform workers) and those that do such work in addition to another job. The analysis suggests that work-dependent platform workers are more likely to be differentiated by their motivations for doing such work than their experiences of job quality or access to social protections. However, the relationship between platform working and levels of social protection is complex, notably in terms of combined level of social protection and the contractual arrangement of additional job holders. This leaves us to conclude that policy initiatives designed to address gaps in social protections for platform workers would be more appropriately targeted toward problems of insecure work more broadly. Finally, a number of areas for future research are outlined.
The informal sector is expanding in the developing countries while the formal sector is shrinking. The loss of employees through workforce reduction strategies has adversely affected trade union membership in Ghana. To make up for the loss of members, the trade unions recruit the informal workers into their fold. Using in-depth interviews, this study explores trade union organization of informal workers and the suitability of these forms of organization within the informal sector in Ghana. The results indicate that formal trade unions are desperately adopting traditional methods and structures to organize informal workers into their fold without success. There is therefore the need for the informal workers to self-organize and for the trade unions to create streams of membership for affiliation.
This article is an empirical examination of whether or not stockholder wealth rises in response to passage of a right-to-work law-a state law banning union security clauses from collective bargaining agreements. Stockholder wealth rose when Louisiana passed such a law in 1976 and when Idaho did so in 1985-1986. Presumably this occurred because investors anticipated higher future profits with weaker labor unions or a lower probability of future organization. This is new evidence that such laws are more than symbolic: They hamper labor unions.
