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Barack Obama’s famous “Blueprint for Change,” part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law’s Center on Labor and Employment Law – the 62nd in this venerable and highly influential series – the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.
Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.
New York City boasts a higher rate of unionization than any other major U.S. city—roughly double the national average—but the city’s unions have suffered steady and relentless decline, especially in the private sector. With higher levels of income inequality than any other large city in the nation, New York today is home to a large and growing precariat—workers with little or no employment security who are often excluded from the basic legal protections that unions struggled for and won in the twentieth century. Community-based organizations and worker centers have developed the most promising approach to organizing the new precariat and to addressing the crisis facing the labor movement. Home to some of the nation’s very first worker centers, New York City today has the single largest concentration of these organizations in the United States, yet until now no one has documented their efforts. New Labor in New York includes thirteen fine-grained case studies of recent campaigns by worker centers and unions, each of which is based on original research and participant observation. Some of the campaigns documented here involve taxi drivers, street vendors, and domestic workers, as well as middle-strata freelancers—all of whom are excluded from basic employment laws. Other cases focus on supermarket, retail, and restaurant workers, who are nominally covered by such laws but who often experience wage theft and other legal violations; still other campaigns are not restricted to a single occupation or industry. This book offers a richly detailed portrait of the new labor movement in New York City, as well as several recent efforts to expand that movement from the local to the national scale.