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Book part
Publication date: 19 July 2016

Mark D. Gough

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that…

Abstract

Purpose

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute mandatory employment arbitration expands employee access to justice.

Methodology/approach

It presents data from a novel survey of 1,256 employment plaintiff attorneys and the universe of employment disputes administered by the five largest arbitration providers in the United States.

Findings

I report multiple measures indicating employment lawyers hold negative views of arbitration and that arbitration acts as a barrier to employee access to justice: A majority of attorneys say employment arbitration clauses have a positive impact on their willingness to reject a case for representation and a negative impact on their willingness to accept a client under a contingency-fee arrangement, and report negative perceptions of the fairness of outcomes and the adequacy of due process protections in arbitration relative to litigation. Furthermore, attorneys report accepting potential clients covered by arbitration agreements at half the rate of potential clients able to sue in court. Finally, arbitration and litigation filing statistics reveal no evidence that low-income or low-value claimants or claims are accessing the arbitration forum.

Originality/value

Novel data compiled here illuminate the institutional characteristics of plaintiff-side employment lawyers and the arbitration forum. They question the assertion that arbitration is an accessible dispute resolution forum for employment disputes relative to civil litigation.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Abstract

Details

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

Book part
Publication date: 8 January 2021

Mark Gough

There is good collaboration and there is bad collaboration. Which one do you want to do? Through the experience of the Natural Capital Coalition, the 10 steps for good…

Abstract

There is good collaboration and there is bad collaboration. Which one do you want to do? Through the experience of the Natural Capital Coalition, the 10 steps for good collaboration are set out to help us work with others to achieve more than we can alone.

Details

Generation Impact
Type: Book
ISBN: 978-1-78973-929-9

Keywords

Book part
Publication date: 14 March 2023

Joon W. Sohn, Mark D. Gough and Jae Eun Lee

This study investigates the effects of organizational factors on firms' adoption and use of internal staffing strategies. In particular, we examine the different effects of firm…

Abstract

This study investigates the effects of organizational factors on firms' adoption and use of internal staffing strategies. In particular, we examine the different effects of firm- and branch-level factors on the adoption of internal development programs and the selection of entry-level employees. We find that firm-level factors, such as firm size and organizational prestige, are positively associated with the adoption of development programs. Branch-level factors, such as branch size and leverage ratio, are positively associated with entry-level hiring. This study offers new insight into the dynamics between different levels of organizational factors and their relationship with human resource management practices.

Details

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

Keywords

Book part
Publication date: 14 March 2023

Michael Maffie and Mark D. Gough

This chapter extends the concept of associational power into the context of online platform work. To do so, this chapter centers on platforms' underlying economic model – the…

Abstract

Purpose

This chapter extends the concept of associational power into the context of online platform work. To do so, this chapter centers on platforms' underlying economic model – the multisided market – to better understand how workers may be able to collectively influence their terms and conditions of employment. In illuminating how labor's associational power functions in platform work arrangements, this model helps explain how collective action may function in the “gig economy” and provides a roadmap for future academic inquiry.

Methodology

This chapter develops a model of associational power in the ride-hail industry which can be extended to markets defined by geographically specific platforms, like ride-hail, delivery, domestic work, and home healthcare workers.

Findings

This chapter finds that there is substantial promise for labor unions and other worker associations in the gig economy. Additionally, we find that even well-intended regulations can harm workers' power if the regulators do not grapple with the structure of digital platforms.

Originality/Value

This chapter identifies the foundations of workers' associational power: network effects and multihoming. In contrast to traditional analyses of workers' power, labor's ability to withdraw its effort from a single employer is not the basis of its collective power. Instead, labor's power resides in its ability to withdraw its labor from a competitor and promise its exclusive labor to a single platform. Existing literature has explored the interaction between network effects and market power from the companies' perspective but has yet to extend this analysis to workers' perspective.

Details

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

Keywords

Content available
Book part
Publication date: 8 January 2021

Abstract

Details

Generation Impact
Type: Book
ISBN: 978-1-78973-929-9

Content available
Book part
Publication date: 19 July 2016

Abstract

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Abstract

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Content available
Book part
Publication date: 25 October 2021

Curie Scott

Abstract

Details

Drawing
Type: Book
ISBN: 978-1-83867-325-3

Content available
Book part
Publication date: 14 September 2020

Eva Tutchell and John Edmonds

Abstract

Details

Unsafe Spaces
Type: Book
ISBN: 978-1-78973-062-3

1 – 10 of 112