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Labor Law and Business Change: Theoretical and Transactional Perspectives

Overview

This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. Choice

A collection of specially written essays by distinguished legal scholars and practicing lawyers, this book explores the ways in which collective ...

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Overview

This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. Choice

A collection of specially written essays by distinguished legal scholars and practicing lawyers, this book explores the ways in which collective bargaining practices have been forced to adapt and change in response to a radical restructuring in the labor and personnel relations of American businesses. As the contributors demonstrate, current trends—such as a shift from manufacturing to service employment, deregulation, a hostile political environment, and a host of mergers and acquisitions—have made an understanding of traditional labor law doctrine increasingly less central to actual practice. Practitioners today need a thorough grasp of complex new workplace regulations and a mastery of the interplay between legal rules and practical constraints on transactions like plant closings, assets or stock sales, bankruptcy reorganization, and union representation on corporate boards of directors. Labor Law and Business Change places these changes within a comprehensive legal and practical framework and provides expert advice to those who must deal with these developments in the course of structuring particular business transactions.

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Product Details

  • ISBN-13: 9780899301990
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 12/14/1988
  • Pages: 366
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.81 (d)

Meet the Author

SAMUEL ESTREICHER is Professor of Law at New York University School of Law.

DANIEL G. COLLINS is also Professor of Law at New York University School of Law.

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Table of Contents

Theoretical Perspectives

The Potential of Collective Bargaining in an Era of Economic Restructuring

The Scope of the Duty to Bargain Concerning Business Transformations

Information-Sharing Obligations

Successorship Obligations

The Role of Labor Arbitration

ERISA Considerations in Business Change Transactions

Union Directors and Fiduciary Duties under State Corporate Law

Comparative Perspectives

Transactional Perspectives

Sales of Assets, Mergers and Acquisitions: A Management View

Sale of Assets, Mergers and Acquisitions: A Union View

Plant Closings, Relocations and Transfers of Unit Work: A Management View

Plant Closings, Relocations and Transfers of Unit Work: A Union View

Automation, Technological Change, and the Merits of Collective Bargaining: A Management View

Automation and Technological Change: A Union View

Employee Ownership: A Union View

Bankruptcy Reorganization and Rejection of Collective Bargaining Agreements--An Alternative to Oppressive Labor Contracts?

Protecting Union Interests in Employer Bankruptcy

Bibliography

Index

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