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Book part
Publication date: 14 March 2023

Rita Trivedi

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…

Abstract

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.

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Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-80455-922-2

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Book part
Publication date: 16 October 2003

Jeffrey S Arpan

International business programs became realities in the 1950s, but only at two universities: Columbia and Indiana. In the 1960s, more universities added IB programs and…

Abstract

International business programs became realities in the 1950s, but only at two universities: Columbia and Indiana. In the 1960s, more universities added IB programs and departments; the 1970s saw even more added as universities realized that IB programs would enhance their reputations, improve student knowledge and expertise, and enhance companies’ future success. In 1974, the AACSB added internationalization as a requirement for business schools, forcing even more to enhance the international dimensions of their courses, programs, and faculty. Now virtually all B-schools have become global to some extent, although major differences remain in the quantity and quality of their internationalization.

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Leadership in International Business Education and Research
Type: Book
ISBN: 978-1-84950-224-5

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Book part
Publication date: 27 July 2021

Erkki Sutinen and Anthony-Paul Cooper

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Digital Theology: A Computer Science Perspective
Type: Book
ISBN: 978-1-83982-535-4

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Book part
Publication date: 15 April 2020

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Movies, Music and Memory
Type: Book
ISBN: 978-1-83909-199-5

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Movies, Music and Memory
Type: Book
ISBN: 978-1-83909-199-5

Book part
Publication date: 31 October 2005

John McMillan

Creative destruction “revolutionises the economic structure from within”, Joseph Schumpeter famously said, “incessantly destroying the old one, incessantly creating a new one”…

Abstract

Creative destruction “revolutionises the economic structure from within”, Joseph Schumpeter famously said, “incessantly destroying the old one, incessantly creating a new one”. Innovation in business – bringing new goods, new markets, new methods of production, new ways of organising firms – is the “fundamental impulse that sets and keeps the capitalist engine in motion” (Schumpeter, 1975, p. 83). Does the economy have enough flexibility? Are there barriers in the way of entrepreneurship? This paper develops a framework for quantifying creative destruction.

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The Emergence of Entrepreneurial Economics
Type: Book
ISBN: 978-1-84950-366-2

Book part
Publication date: 12 September 2017

Jane Wilkinson and Annemaree Lloyd-Zantiotis

Recent figures show that half the world’s refugees are children, with young people now representing more than 50 percent of victims of global armed conflict and displaced persons…

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Recent figures show that half the world’s refugees are children, with young people now representing more than 50 percent of victims of global armed conflict and displaced persons. Increasing numbers of refugee youth are entering their host nations’ compulsory and postcompulsory educational systems having experienced frequent resettlements and disrupted education, which in turn, pose major barriers for educational and future employment. The consequences of these experiences raise pressing equity implications for educators and educational systems. However, the picture is not uniformly bleak. Employing Bourdieu’s thinking tools of habitus, field and capital, Yosso’s concepts of community cultural wealth and photovoice methods, this chapter draws on studies of refugee youth of both genders from diverse ethnic and faith backgrounds, conducted in regional Australia. It examines how everyday spaces for learning, for example, church, faith-based and sporting groups and family can play a crucial role in enabling young people to build powerful forms of social and cultural capital necessary to successfully access and negotiate formal education and training settings. Its findings suggest first that everyday spaces can act as rich sites of informal learning, which young refugee people draw upon to advance their life chances, employability, and social inclusion. Second, they suggest that how one’s gender and “race” intersect may have important implications for how refugee youth access social and cultural capital in these everyday spaces as they navigate between informal learning and formal educational settings.

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The Power of Resistance
Type: Book
ISBN: 978-1-78350-462-6

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Book part
Publication date: 2 February 2018

Hector Viveros, Senia Kalfa and Paul J. Gollan

The purpose of this chapter is to examine voice as an empowerment practice in a manufacturing company. The case study follows a qualitative approach to analyse employee voice and…

Abstract

The purpose of this chapter is to examine voice as an empowerment practice in a manufacturing company. The case study follows a qualitative approach to analyse employee voice and types of empowerment from a structural perspective. Findings suggest a variety of voice arrangements to empowering employees such as voice surveys, meetings, e-suggestions, opinion boxes and informal means such as casual meetings and walkarounds. In addition, employee voice is linked to types of empowerment such as information sharing, upward problem solving, task autonomy and attitudinal shaping. Further research would benefit from an exploration of employees’ feelings regarding voice mechanisms to examine the psychological perspective of empowerment.

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Advances in Industrial and Labor Relations, 2017: Shifts in Workplace Voice, Justice, Negotiation and Conflict Resolution in Contemporary Workplaces
Type: Book
ISBN: 978-1-78743-486-8

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Book part
Publication date: 27 October 2016

Alexandra L. Ferrentino, Meghan L. Maliga, Richard A. Bernardi and Susan M. Bosco

This research provides accounting-ethics authors and administrators with a benchmark for accounting-ethics research. While Bernardi and Bean (2010) considered publications in…

Abstract

This research provides accounting-ethics authors and administrators with a benchmark for accounting-ethics research. While Bernardi and Bean (2010) considered publications in business-ethics and accounting’s top-40 journals this study considers research in eight accounting-ethics and public-interest journals, as well as, 34 business-ethics journals. We analyzed the contents of our 42 journals for the 25-year period between 1991 through 2015. This research documents the continued growth (Bernardi & Bean, 2007) of accounting-ethics research in both accounting-ethics and business-ethics journals. We provide data on the top-10 ethics authors in each doctoral year group, the top-50 ethics authors over the most recent 10, 20, and 25 years, and a distribution among ethics scholars for these periods. For the 25-year timeframe, our data indicate that only 665 (274) of the 5,125 accounting PhDs/DBAs (13.0% and 5.4% respectively) in Canada and the United States had authored or co-authored one (more than one) ethics article.

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Research on Professional Responsibility and Ethics in Accounting
Type: Book
ISBN: 978-1-78560-973-2

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Book part
Publication date: 2 December 2016

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Employee Voice in Emerging Economies
Type: Book
ISBN: 978-1-78635-240-8

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