Richard W. Hurd

Restoring the promise of American labor law

The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o

Organizing Clerical Workers: Determinants of Success

This paper investigates factors influencing the outcome of union organizing efforts among clerical workers in the private sector. Drawing on interviews with union officials involved in clerical organizing campaigns, the authors analyze NLRB data on elections held in 1979. They find that the percentage of clerical workers voting yes in representation elections was related positively to the strength of the union presence in the state and employment growth in the industry, and negatively to the level of strike activity in the state and management resistance to unionization. The delay between the filing of an election petition and the holding of the election had no significant effect on the vote.

U.S. Labor 2006: Strategic Developments Across the Divide

The AFL-CIO and Change to Win have learned to co-exist without debilitating acrimony. The AFL-CIO has established Industry Coordinating Committees to facilitate cooperative bargaining and organizing ventures. On the political front, the AFL-CIO took the lead in labor’s 2006 electoral operations and conducted an extensive, efficient, and unified campaign. Change to Win unions worked together to build strategies for a growth agenda. The success of UNITE-HERE’s Hotel Workers Rising Campaign indicates the potential of this approach. Difficult challenges remain, but the strategic developments show signs of life and offer hope that labor may find a path to the future.

New Deal Labor Policy and the Containment of Radical Union Activity

New Deal labor policies were designed with the stability of the capit alist economy in mind Their pro-union provisions responded to labor militance and served to head off the formation of a radical working-class movement The National Labor Relations Act established procedures which encouraged unions to pursue peaceful collective bargaining rather than a more activist course Although the enforcement of pro-union policies was weak, the fact that they were adopted gave the impression that the state was sensitive to worker interests When the crisis ended with the onset of World War II, the state reverted to an approach which more directly restricted worker militance

First Contract Arbitration and the Employee Free Choice Act: Multi-Jurisdictional Evidence from Canada

First contract arbitration (FCA) provisions are posed as a solution to the difficulties of negotiating a first contract for newly certified bargaining units. FCA is a longstanding, and no longer controversial, element of Canadian labor legislation. FCA provisions now exist in six Canadian jurisdictions and four distinct FCA models have developed (the exceptional remedy or fault model, the automatic access model, the no-fault model, and the mediation intensive model). In the United States the Employee Free Choice Act (EFCA) included a highly contested proposal to amend the National Labor Relations Act (NLRA) to include an FCA provision similar to the Canadian automatic access model. This chapter offers a balanced assessment of FCA evidence from Canada addressing the main objections to FCA in the EFCA debates. Individual case level data from jurisdictions representing each of the four FCA models is examined. The evidence demonstrates that although FCA is widely available in Canada, it is an option that is rarely sought and, when sought, rarely granted; that parties involved in FCA are able to establish stable bargaining relationships; and, that this process does not, as critics charge, simply prolong the life of nonviable bargaining units. This chapter concludes by suggesting that the practice under Quebecs “no-fault” model and British Columbias “mediation intensive” model merit consideration for adoption elsewhere. These models position the FCA process as a mechanism fostering collective bargaining and voluntary agreements, rather than treating it as a remedy for dysfunctional negotiations and as part of the unfair labor practice framework.

Contesting the dinosaur image — the U. S. labour movement's search for a future

Abstract In the period following World War II, unions in the U.S. adopted administrative practices that set the stage for implementation of the “servicing model.” This strategic approach worked reasonably well for more than a quarter of a century but inhibited any effective response to the multifaceted crisis of the 1980s. In spite of labours vigilant efforts to adapt as it struggled to weather the storm, the priority placed on institutional preservation inhibited creativity. Cautious strategic modifications failed to reverse the movements fortunes, persuading a majority of national union officials to support calls for more radical change. With a clear focus on organizing, the new AFL-CIO team is vigorously contesting labours dinosaur image, but substantial challenges remain.

Strategic diversity in labor PAC contribution patterns

Abstract This article explores variations in labor PAC contribution patterns. The conclusions drawn are based on interviews with union political operatives, and on a principal component and cluster analysis of labor PAC expenditures in 1984 House elections. The principal component analysis confirms that unions typically pursue an electoral strategy. The analysis also reveals important ideological cross currents, including conflicting practices of support for conservatives versus support for ideological allies. The principal component analysis is extended with the aid of clustering techniques, which are used to lend precision to the diversity in labor PAC contribution patterns. Five clusters of unions are identified, each displaying a distinct allocation strategy.

NEUTRALITY AGREEMENTS: Innovative, Controversial, and Labor's Hope for the Future

Excerpt] In spite of the criticisms, there can be little doubt that labor’s campaigns to achieve and enforce neutrality agreements offer hope that the long-term decline in union density actually can be reversed. A highprofile example of a strategic blend of bargaining and organizing demonstrates the potential of this approach.

Public Sector Unions Under Siege Solidarity in the Fight Back

The 2011-2013 assault on public sector collective bargaining rights is unprecedented in its breadth and depth. Legislative proposals that would roll back bargaining, limit unions’ ability to negotiate security arrangements, stop payroll deduction of union dues, and constrain labor’s political activity have been introduced in a majority of states. This coordinated attack from the Republican right has spurred an aggressive, unified response from a broad cross section of unions. Through labor unity tables at the national and state levels, unions are demonstrating a rare level of solidarity in the fight back. This ongoing experiment in movement building is encouraging, but challenges remain.

Obama and the US labour movement

In the after-glow of Barack Obama’s astounding victory in the US presidential elections, labour leaders were euphoric. Yes the economy was in a downward spiral, but the most politically progressive president in decades was about to assume office. Just as important, the labour friendly Democratic Party had secured strong majorities in both houses of Congress. An aggressive economic stimulus programme was virtually assured, and union leaders were confident that other labour policy priorities would be implemented without delay.