Search results

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.

The Internet has enabled consumers to act as their own travel agents and to verify independently the accuracy of the information provided by airlines through the CRSs and travel agents. As a result, the relationships between consumers and the suppliers of air-travel information have been radically altered, and we document these changes. We identify the relevant market for air-travel information, which includes CRSs, online travel agencies, and the websites and call centers of individual carriers. We determine market concentration and market shares using the Herfindhal-Hirschman Index. Based on our analysis, we argue that there is no longer any need to regulate independent CRSs. However, airlines that own CRSs continue to have an incentive to withdraw their flight and fare information from rival CRSs and, to prevent this from happening, the mandatory participation rule adopted in 1992 should be maintained.

Existing studies relating to value management in developing countries reveals that the Nigerian construction industry is also facing the challenge of not fully adopting value management practice into construction, let alone other sectors of the system. The introduction gives the correlation between sustainability and value management as techniques vital to the development of construction in Nigeria. The relative importance of value management is said to give an overview of the new advantages the practice brings to parties involved in an identified project concerned with using value management. Requirements, challenges and behavioural elements pertaining to value management in the Nigerian construction industry summarize the concerns with the application of value management in the country. The conclusion gives a general summary of the elements highlighted throughout this research.

Based on an in-depth case study in the French nuclear industry, this chapter describes what happens when law’s ambiguity meets organizational complexity. While regulation studies suggest that organizations assign managerial values (such as efficiency or flexibility) to their compliance structures, this research focuses on the mixed role of purchasing managers in these processes. Constituting the missing link when explaining the legal regulation of economic activities, these intermediaries defend a financial conception of the firm against a more technical performance oriented solution. This financial conception did not emerge from nowhere, but resulted from the institutionalization of a particular meaning of business regulation within the nuclear industry. However, if values guide organizational behavior, the behavior of the actors can under no circumstances be reduced to these values. Conflicts, misunderstandings, and mistakes are a constitutive part of these process, too.

Since the late 1970s, US employers have increasingly drawn upon legal temporary labor under the H-2 visa to address their labor needs in low-waged sectors. Ever since, what Clark calls migrant labor activism and conflict in the courts has similarly erupted. However, as she argues in this chapter, making “adversarial legalism” the H-2 way of law has also been a story of comparative state formation. For, the litigation largely reflects the structure of labor migration created after the demise of government-run migration. In this regard, activists wrestle with the problems created by the new role of global labor intermediaries in the recruitment process, absolute employer control over hiring and firing, and the coercion produced in the shadow of a now minimally interventionist state. Drawing upon archival research, interviews with legal professionals, and the entire case law docket in this area, this chapter puts “adversarial legalism” under the H-2 visa in its historical and political context.