Rights at Work: Employment Relations in the Post-Union EraBrookings Institution Press, 2011 M09 1 - 265 pages With growing international competition, American firms have been gaced with increasing pressures to produce better products, cut costs, and improve efficiency. As a result, American employers have changed many of their long-standing labor priorities. Work-force stability has become less important; long-term commitments have become less attractive; and labor costs, especially fringe benefits, have come under increased scrutiny. With this large reorganization of work forces and priorities, Americans are again faced with the significant questions of what rights workers have—and should have—in the workplace. In the current environment, employers have a greater need for highly motivated, hard-working, skilled employees, and have often developed innovated forms of management to enlist these worker's support. So too, national legislation has granted workers new rights in recent years, such as mandatory early notification of plant closings, greater rights for workers with disabilities, and increased protection for older workers. State legislators have also enacted expanded protection for workers, and state courts have been rewriting basic legal doctrines governing workers' rights in ways that favor employees. In this book, Richard Edwards explores workers' rights and the institutions that have defined and are now enforcing them. He looks closely at the decline of American unions and its effect on traditional rights. As unions have been transformed from major institutional players in the American economy to much more marginal brokers enrolling only a small minority of American workers, political support for workers' rights has diminished. Edwards also traces the American state courts' and the ongoing revision of the legal interpretations of employment contracts and employers' promises, a development which he believes may revolutionize traditional employment law. Rights at Work cuts through the debate between employers' groups and workers' advocates to find a new common ground. Edwards argues that a new system of employment relations offers a "win-win" opportunity, and he proposes some innovative public policy strategies that could protect workers' rights while enhancing employers' ability to succeed in a highly competitive global market. |
Contents
Workplace Rights and Wrongs | 1 |
Defining Workers Rights | 24 |
Rights and Workers Rights | 25 |
Types of Workplace Rights | 31 |
The Economic Rationale for Workers Rights | 42 |
Why Special Rights for Workers? | 43 |
The Conservative Neoclassical View | 45 |
Market Distortions Facing JobSeekers | 47 |
Enterprise Rights in the Contemporary Firm | 134 |
Thinking about Enterprise Rights | 138 |
What Enterprise Rights Do Workers Have? | 141 |
Limitations of Enterprise Rights | 155 |
The Legal Revolution in Enterprise Rights | 163 |
Three PrecedentSetting Cases | 165 |
State Courts Rewrite the Law | 167 |
Employer Response to the Changing Legal Climate | 177 |
Limited Effectiveness of Recontracting | 56 |
Inappropriateness of Individual Bargaining | 59 |
Rethinking Workers Rights | 68 |
The Shrinking Realm of Collective Bargaining | 77 |
Workers Rights under the NLRA | 78 |
The Union Decline | 83 |
Why Have the Unions Declined? | 88 |
The Unions Response | 91 |
The Diminished Role for Unionism | 96 |
The Limited Reach of Statutory Rights | 102 |
The Rise of Statutory Rights | 105 |
Are Statutory Rights Effective? | 108 |
What Has Been Learned? | 124 |
The Political Dimension of Statutory Rights | 125 |
The Limits of Statutory Rights | 127 |
The Current Situation | 181 |
Contemplating Common Ground | 188 |
Employer Stakes in a New Rights Regime | 189 |
Toward a New Common Ground | 197 |
Reconstituting Workers Rights | 208 |
Make Employee Handbooks Mandatory and Public | 209 |
Make Employee Handbooks Enforceable | 212 |
Establish an Independent System for Resolving Workers Rights Disputes | 215 |
The Employees Handbook as Workers Bill of Rights | 223 |
State Recognition of Implied Contracts | 233 |
241 | |
Cases Cited | 254 |
257 | |
Other editions - View all
Rights at Work: Employment Relations in the Post-union Era Richard Edwards No preview available - 1993 |