Journal Article - academic

Richard B. Freeman. 5/26/2010. “IT'S FINANCIALIZATION!” International Labour Review,, Vol. 149, 2. PDF Version
Labor in the Information Age
John Trumpbour. 2/2010. “Labor in the Information Age.” a special issue of Labor History, vol. 51, 1. Publisher's Version
 "Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing,"
Benjamin I. Sachs. 2010. “ "Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing,"” HARVARD LAW REVIEW, Vol. 123, Pp. 655-727. Publisher's VersionAbstract
The proposed Employee Free Choice Act (EFCA) has led to fierce debate over how best
to ensure employees a choice on the question of unionization. The debate goes to the
core of our federal system of labor law. Each of the potential legislative designs under
consideration — including both “card check” and “rapid elections” — aims to enhance
employee choice by minimizing or eliminating managerial involvement in the
unionization process. The central question raised by EFCA, therefore, is whether
enabling employees to limit or avoid managerial intervention in union campaigns is an
appropriate goal for federal law. This Article answers this foundational question in the
affirmative. It reaches this conclusion by conceptualizing federal labor law in terms of
legal default rules, drawing in particular on the preference-eliciting default theory of
statutory interpretation and the reversible default theory from corporate law. Doing so
leads to the argument that card check, rapid elections, and similar mechanisms are best
understood as “asymmetry-correcting altering rules” — means of mitigating the
impediments that block departure from the nonunion default. Understanding EFCA in
this way also requires that we ask how such an altering rule should be constructed. This
Article addresses this institutional design question by arguing that card check’s open
decisionmaking process is flawed and that rapid elections, while an improvement over
the status quo, are an insufficient method of mitigating the relevant impediments to
employee choice. Accordingly, this Article offers two new designs — alternatives to both
card check and rapid elections — that would accomplish the legitimate function
of minimizing managerial intervention while at the same time preserving secrecy in
Elaine Bernard. 2010. “Recipe for Anarchy: B.C. Tel Occupation of 1981.” In Workers, Capital, and the State in British Columbia: Selected Papers edited by Rennie Warburton and David Coburn. University of British Columbia Press. PDF Version
Private Equity and American Labor: Multiple, Pragmatic Responses Mirroring Labor’s Strengths and Weaknesses
Larry W. Beeferman. 2009. “Private Equity and American Labor: Multiple, Pragmatic Responses Mirroring Labor’s Strengths and Weaknesses.” Journal of Industrial Relations, Vol. 51, No. 4,, Pp. pp. 545-558 .Abstract
This article briefly describes the recent growth of private equity, details some of the challenges such growth has posed for American labor, and outlines ways in which labor has chosen to respond. In so doing it suggests that the diverse, complicated, and practical choices labor has made to date have been shaped by the particular strengths and weaknesses of its position in American society. More particularly, these choices place the emphasis on (1) legislative change, relating mainly to tax rather than regulatory policy (labor-related or otherwise); (2) capital strategies, by which unions and pension funds engage companies in connection with corporate governance and investments that might be made in or withheld from them; and (3) high-profile campaigns relating to the reputation of private equity firms and the companies in their portfolio.
Richard B. Freeman. 4/2008. “2008 Universities set the pace in labor relations.” Harvard Community Resource. PDV Version
Benjamine I. Sachs. 2008. “Employment Law as Labor Law.” Cardozo Law Review, vol. 29:6, Pp. 2685-2748. Publisher's Version
2007. “The Crisis In Workplace Governance.” Comparative Labor Law & Policy Journal, Special Issue in Honor of Paul C. Weiler, , Vol. 28, 2, Pp. Introduction.
Labor Law Renewal
Benjamin I. Sachs. 2007. “Labor Law Renewal.” Harvard Law and Policy Review, 1, Pp. 375-400. Publisher's Version
Elaine Bernard. 2007. “A Supreme Decision: Collective Bargaining As a Constitutional Right.” Our Times, June/July, Pp. 16-17. Download PDF
Elaine Bernard. 1996. “Why Unions Matter.” Open Media, New Party. Download PDF
Elaine Bernard. 1994. “What's the Matter with NAFTA?” Radical America, Pp. 19-31. Download PDF
Elaine Bernard. 1992. “The Politics of Canada's Health Care System.” New Politics, Winter, Pp. 101-108. Download PDF
Elaine Bernard and Christopher Schenk. 1992. “Social Unionism: Labor as a Political Force.” Social Policy, Summer, Pp. 38-46. PDF Version
Elaine Bernard. 10/1977. “A University at War: Japanese Canadians at UBC during World War II.” BC Studies, no. 35, Pp. 36-55. PDF Version