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In this volume, covering the years 1937–1947, James A. Gross describes and analyzes the NLRB's vigorous and uncompromising enforcement of the Wagner Act and the intense political pressure to which the Board was subjected as a consequence. He identifies and examines the forces that succeeded in pressuring the NLRB out of its essential role in the making of U.S. labor policy. This is the story of the transformation of the NLRB from an expert administrative agency that played a major role in the making of labor policy, into an insecure, politically sensitive agency preoccupied with its own survival and reduced to deciding marginal issues.
Definitive study of the NLRB as an administrative agency which became one of the most important political and legal developments in the last century as it influenced the growth of a national labor policy and the use of administrative processes and legal methods in U.S. labor relations. Fifty in-depth oral history interviews with individuals prominent in the history of NLRB supplement data from NLRB files and the National Archives.
The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o
A concise history of the board in the U.S. from its inception in 1935, including an overview of current case law, and a bibliographic essay of selected secondary literature about the board.
Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agency's change from an enforced compliance style of regulation toward a more discretionary negotiated compliance . The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSM's efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.
This 1985 book offers a critical examination of the impact of the National Labor Relations Act on American unions. Dr Tomlins examines both the laws from the late nineteenth century and the history of the act's passage. He shows how public policy confined labour's role in the American economy and the problems faced by unions that stem from these laws.
This provocative book by the leading historian of the National Labor Relations Board offers a reexamination of the NLRB and the National Labor Relations Act (NLRA) by applying internationally accepted human rights principles as standards for judgment. These new standards challenge every orthodoxy in U.S. labor law and labor relations. James A. Gross argues that the NLRA was and remains at its core a workers’ rights statute. Gross shows how value clashes and choices between those who interpret the NLRA as a workers’ rights statute and those who contend that the NLRA seeks only a "balance" between the economic interests of labor and management have been major influences in the evolution of the board and the law. Gross contends, contrary to many who would write its obituary, that the NLRA is not dead. Instead he concludes with a call for visionary thinking, which would include, for example, considering the U.S. Constitution as a source of workers’ rights. Rights, Not Interests will appeal to labor activists and those who are trying to reform our labor laws as well as scholars and students of management, human resources, and industrial relations.
In May 1937, seventy thousand workers walked off their jobs at four large steel companies known collectively as “Little Steel.” The strikers sought to make the companies retreat from decades of antiunion repression, abide by the newly enacted federal labor law, and recognize their union. For two months a grinding struggle unfolded, punctuated by bloody clashes in which police, company agents, and National Guardsmen ruthlessly beat and shot unionists. At least sixteen died and hundreds more were injured before the strike ended in failure. The violence and brutality of the Little Steel Strike became legendary. In many ways it was the last great strike in modern America. Traditionally the Little Steel Strike has been understood as a modest setback for steel workers, one that actually confirmed the potency of New Deal reforms and did little to impede the progress of the labor movement. However, The Last Great Strike tells a different story about the conflict and its significance for unions and labor rights. More than any other strike, it laid bare the contradictions of the industrial labor movement, the resilience of corporate power, and the limits of New Deal liberalism at a crucial time in American history.
In a book that confronts the moral choices that U.S. corporations make every day in the treatment of their workers, James A. Gross issues a clarion call for the transformation of the American workplace based on genuine respect for human rights, rather than whatever the economic and regulatory landscape might allow. Gross questions the nation's underlying fabric of values as reflected in its laws and our assumptions about workers and the workplace.Arguing that our market philosophy is incompatible with core principles of human rights, he forces readers to realign the country's labor policies so that they conform with the highest international human rights standards. To make his case, Gross assesses various aspects of U.S. labor relations—freedom of association, racial discrimination, management rights, workplace safety, and human resources—through the lens of internationally accepted human rights principles as standards of judgment.His findings are chilling. "Employers who maintain workplaces that require men and women and sometimes even children to risk their lives and endanger their health and eyes and limbs in order to earn a living are treating human life as cheap and are seeking their own gain through the desecration of human life," Gross argues, and such behavior should be considered as crimes against humanity rather than matters of efficiency, productivity, or morale.By revealing how truly unacceptable management's "best practices" can be when considered as human rights issues, A Shameful Business encourages a bold new vision for workers, whether organized or not, that would signify a radical rethinking of social values and the concept of workplace rights and justice in the courtroom, the boardroom, and on the shop floor.