Ronald L. Seeber

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

The Ascendancy of Employment Arbitrators in US Employment Relations: A New Actor in the American System?

In this paper, we survey the underpinnings of the trend towards employment arbitration in the United States, and its implications for the broader industrial relations system. Specifically, we address the question of whether or not employment arbitrators have been substituted for collective bargaining by the government to an extent that warrants their inclusion as an actor in the industrial relations system. We review developments in workplace dispute resolution in the United States, the literature that attempts to explain these developments and posit an assessment of the stability of employment arbitration, and employment arbitrators, as a central feature of the US industrial relations system.

The union response to employer-initiated drug testing programs

The testing of employees for drugs has become a major workplace issue in the late 1980s. By all accounts, many firms have implemented, or at least considered, some sort of drug screening program. While various experts have debated the importance and necessity of initiating such programs, there has been only limited investigation of the differences between union and nonunion workplaces in how such programs are initiated and administered. This article investigates some questions related to those differences. The first part examines the differences between union and nonunion workplaces and their implementation of drug screening programs. We present differences derived primarily from the fact that nonunion employers are constrained only by constitutional and statutory law in their introduction and implementation of drug screening programs. Unionized employers, on the other hand, are constrained by collective bargaining and the grievance resolution process. The second part of the article examines union responses to employer-initiated drug testing programs. The third part examines arbitration decisions on drug testing provisions in unionized workplaces. We outline the major areas in which arbitrators have rendered decisions, including definitions of behavior that could trigger reasonable suspicion testing and whether the employer has the right to unilaterally institute or expand drug testing programs.

Social Capital and the Labor Movement

Charles Whalen’s book identifies avenues leading to the revitalization of industrial relations as an academic discipline. The contributors, a stellar assemblage of the field’s leading scholars, demonstrate there is much work to be done: the scope and intellectual content of industrial relations need to be reconsidered; academic and social institutions must be reshaped; and new conceptual and practical issues demand attention.

The future of employment conflict management systems

In this article, the authors have offered their view of the future of conflict management systems, and of some of the problems that will slow the pace of those systems’ growth. All of these problems are related to the external environment faced by organizations seeking to develop conflict management systems, since there seems to be only a limited potential for influence of internal design features. The threat of the courts, problems with neutrals, and the evolving role of neutral providers may give pause, though, to those organizations currently debating the strategic question of whether to create their own system.