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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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Content available
Article
Publication date: 1 April 2006

Andreas Walmsley

202

Abstract

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Education + Training, vol. 48 no. 4
Type: Research Article
ISSN: 0040-0912

Content available
Article
Publication date: 1 May 2000

183

Abstract

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Facilities, vol. 18 no. 5/6
Type: Research Article
ISSN: 0263-2772

Keywords

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

Content available
Book part
Publication date: 27 July 2021

Erkki Sutinen and Anthony-Paul Cooper

Abstract

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

Content available
Article
Publication date: 1 December 1999

46

Abstract

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Facilities, vol. 17 no. 12/13
Type: Research Article
ISSN: 0263-2772

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Article
Publication date: 1 December 2001

Jonathan Liu and Doirean Wilson

Discusses the findings of a recent study into the development of women managers, in the field of information technology (IT). Addresses the key question as to why few women are…

1705

Abstract

Discusses the findings of a recent study into the development of women managers, in the field of information technology (IT). Addresses the key question as to why few women are entering IT. Provides an insight into the perception of women working in IT, and their role in this “fast‐growing” technological area. Identifies four obstacles – gender stereotypes and attitudes, family responsibility, working time constraints, and lack of confidence – that have had a restrictive impact on the careers of female managers employed in this field. Albeit each of these obstacles has an overlap of common characteristics, it was decided that it would be better to explore each in individual context for the purpose of clarity. Also evaluates evidence taken from “personal interviews” carried out with 46 female delegates enrolled on a specialised IT training course, and 17 female managers from various companies. Uses structured questionnaire to elicit and record this data.

Details

Women in Management Review, vol. 16 no. 8
Type: Research Article
ISSN: 0964-9425

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Article
Publication date: 1 June 1991

Verena Thompson

Providing a service which reflects community needs requires data collection. The Public Libraries and Museums Act of 1964 requires local authorities to provide a comprehensive…

21

Abstract

Providing a service which reflects community needs requires data collection. The Public Libraries and Museums Act of 1964 requires local authorities to provide a comprehensive library service to those who may wish to make use of it. The Race Relations Act of 1976 requires local authorities to promote equality of opportunity in employment and service delivery. Together, library authorities are bound to ensure that services reflect the composition of their local populations through the provision of services that meet expressed needs.

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New Library World, vol. 92 no. 6
Type: Research Article
ISSN: 0307-4803

Article
Publication date: 1 July 1981

Peter Morrison, an Employment Minister, addressing a British Association for Commercial and Industrial Education (BACIE) conference in Manchester, said:

Abstract

Peter Morrison, an Employment Minister, addressing a British Association for Commercial and Industrial Education (BACIE) conference in Manchester, said:

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Education + Training, vol. 23 no. 7
Type: Research Article
ISSN: 0040-0912

Content available
Book part
Publication date: 15 April 2020

Abstract

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

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