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Book part
Publication date: 19 July 2016

David Lewin

Industrial relations, organizational behavior, and human resource management scholars have studied numerous aspects of internal workplace conflict resolution, ranging from the…

Abstract

Purpose

Industrial relations, organizational behavior, and human resource management scholars have studied numerous aspects of internal workplace conflict resolution, ranging from the design of conflict resolution systems to the processes used for resolving conflicts to the outcomes of the systems. Scholars from these specialties, however, have paid considerably less attention to external workplace conflict resolution through litigation. This chapter analyzes certain areas of such litigation, focusing specifically on workplace conflicts involving issues of managerial and employee misclassification, independent contractor versus employee status, no-poaching agreements, and executive compensation.

Methodology/approach

Leading recent cases involving these issues are examined, with particular attention given to the question of whether the conflicts reflected therein could have been resolved internally or through alternative dispute resolution (ADR) methods rather than through litigation.

Practical implications

Implications of this analysis are drawn for workplace conflict resolution theory and practice. In doing so, I conclude that misclassification disputes could likely be resolved internally or through ADR rather than through litigation, but that no-poaching and executive compensation disputes could very likely not be resolved internally or through ADR.

Originality/value

The chapter draws on and offers an integrated analysis of particular types of workplace conflict that are typically treated separately by scholars and practitioners. These include misclassification conflicts, no poaching and labor market competition conflicts, and executive compensation conflicts. The originality and value of this chapter are to show that despite their different contexts and particular issues, the attempted resolution through litigation of these types of workplace conflicts has certain common, systematic characteristics.

Details

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

Keywords

Book part
Publication date: 4 July 2003

Kathleen L Pereles

Although the organizational practice of using “contingent or non-traditional workers” has been escalating since the mid-1980s, only recently has research begun to focus on the…

Abstract

Although the organizational practice of using “contingent or non-traditional workers” has been escalating since the mid-1980s, only recently has research begun to focus on the consequences of this practice. In unionized workplaces, labor leaders have begun to organize these workers. Although it is believed that contingent workers are responding positively to union organizing drives, little is known about the attitudes and behaviors of contingent workers as union members. Using the Union Commitment scale developed by Gordon, Philpot, Burt, Thompson and Spiller (1980), the research project reported here compares the Union Commitment of traditional faculty and three categories of adjunct faculty. The results reveal that there are no significant differences across these employee groups for the factors of Union Loyalty, Responsibility to the Union, Willingness to Work for the Union and Alienation from the Union. The implications of these findings for research and practice are discussed.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-0-76231-028-9

Book part
Publication date: 30 September 2021

Gamze Koseoglu, S. Arzu Wasti and Hilal Terzi

In this chapter, the authors will examine turnover in Turkey. In the first section, the authors will briefly describe the legal, institutional, and cultural context with a…

Abstract

In this chapter, the authors will examine turnover in Turkey. In the first section, the authors will briefly describe the legal, institutional, and cultural context with a particular emphasis on their implications for employment conditions and turnover in Turkey. In the second section, the authors will review the academic literature on turnover that originated from Turkey. The authors divide the reviewed studies into two groups: generalizability studies, which are primarily replications of the mainstream literature with no focus on any specific characteristics of Turkey, and contextual studies, which emphasized the role of the economic, legal, or cultural background in formulating or interpreting their research. In the final section, the authors will discuss the findings of the review vis-á-vis the mainstream literature as well as practical implications and conclude with potential future research directions in the Turkish context.

Details

Global Talent Retention: Understanding Employee Turnover Around the World
Type: Book
ISBN: 978-1-83909-293-0

Keywords

Book part
Publication date: 21 April 2010

Michael Gibbs, Alec Levenson and Cindy Zoghi

In this chapter we study job design. Do organizations plan precisely how the job is to be done ex ante, or ask workers to determine the process as they go? We first model this…

Abstract

In this chapter we study job design. Do organizations plan precisely how the job is to be done ex ante, or ask workers to determine the process as they go? We first model this decision and predict complementarity among these following job attributes: multitasking, discretion, skills, and interdependence of tasks. We argue that characteristics of the firm and industry (e.g., product and technology, organizational change) can explain observed patterns and trends in job design. We then use novel data on these job attributes to examine these issues. As predicted, job designs tend to be “coherent” across these attributes within the same job. Job designs also tend to follow similar patterns across jobs in the same firm, and especially in the same establishment: when one job is optimized ex ante, others are more likely to be also. There is evidence that firms segregate different types of job designs across different establishments. At the industry level, both computer usage and R&D spending are related to job design decisions.

Details

Jobs, Training, and Worker Well-being
Type: Book
ISBN: 978-1-84950-766-0

Book part
Publication date: 18 September 2006

Kevin F. Hallock

This paper uses data on over 4,600 layoff announcements in the U.S., covering each firm that ever existed in the Fortune 500 between 1970 and 2000, along with 40 interviews of…

Abstract

This paper uses data on over 4,600 layoff announcements in the U.S., covering each firm that ever existed in the Fortune 500 between 1970 and 2000, along with 40 interviews of senior managers in 2001 and 2002 to describe layoffs in large U.S. firms over this period. In order to motivate further work in the area, I investigate six main issues related to layoffs: timing of layoffs, reasons for layoffs, the actual execution of layoffs, international workers, labor unions, and the types of workers by occupation and compensation categories. The paper draws on literature from many fields to help further understand these issues.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-84950-426-3

Book part
Publication date: 1 July 2014

Samantha A. Conroy, Nina Gupta, Jason D. Shaw and Tae-Youn Park

In this paper, we review the literature on pay variation (e.g., pay dispersion, pay compression, pay range) in organizations. Pay variation research has increased markedly in the…

Abstract

In this paper, we review the literature on pay variation (e.g., pay dispersion, pay compression, pay range) in organizations. Pay variation research has increased markedly in the past two decades and much progress has been made in terms of understanding its consequences for individual, team, and organizational outcomes. Our review of this research exposes several levels-related assumptions that have limited theoretical and empirical progress. We isolate the issues that deserve attention, develop an illustrative multilevel model, and offer a number of testable propositions to guide future research on pay structures.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-78350-824-2

Keywords

Abstract

Details

The Emerald Guide to C. Wright Mills
Type: Book
ISBN: 978-1-80071-544-8

Book part
Publication date: 29 August 2007

Kaouthar Lajili, Marko Madunic and Joseph T. Mahoney

This article classifies empirical research on vertical integration under four approaches – value-added-to-sales, qualitative–quantitative, input–output, and microanalytic. The…

Abstract

This article classifies empirical research on vertical integration under four approaches – value-added-to-sales, qualitative–quantitative, input–output, and microanalytic. The emphasis here is on the microanalytic approach which has accumulated the most systematic evidence to support its theoretical propositions. In particular, this article emphasizes theoretical and empirical contributions from organizational economics (especially transaction costs and agency theories) for both vertical integration and (vertical) contracting. Limitations and methodological challenges concerning the empirical testing of theories of vertical integration are addressed and suggestions for further research are provided.

Details

Research Methodology in Strategy and Management
Type: Book
ISBN: 978-0-7623-1404-1

Book part
Publication date: 24 September 2010

Felice Batlan

The academic literature that addresses the creation and transformation of large law firms seldom mentions the presence of legal secretaries. The absence of legal secretaries, the…

Abstract

The academic literature that addresses the creation and transformation of large law firms seldom mentions the presence of legal secretaries. The absence of legal secretaries, the vast majority of whom are women, reproduces law firm hierarchies in which attorneys are important in understanding the legal profession and law firm dynamics while secretaries remain invisible. Given the lack of secondary literature on legal secretaries, much of this chapter is based upon legal secretaries' responses to a nationwide survey, which I conducted in Spring 2009. Using such data, along with other primary sources, the chapter examines how legal secretaries' roles and work have changed during the past 50 years, how legal secretaries view themselves and their roles in law large law firms, and the material conditions under which legal secretaries work. Moreover, the most significant scholarship on secretaries has depicted the secretary/boss relationship as one of personal and domestic nature – what we might call the “second-wife syndrome.” The chapter explores whether such a description remains accurate and the complicated gender dynamics that exist between legal secretaries and attorneys.

Details

Special Issue Law Firms, Legal Culture, and Legal Practice
Type: Book
ISBN: 978-0-85724-357-7

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Book part (9)
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