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1 – 10 of 112This 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.
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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.
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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.
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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.
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