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 trendssuch as a shift from manufacturing to service employment, deregulation, a hostile political environment, and a host of mergers and acquisitionshave 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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About 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.
Table of Contents
The Potential of Collective Bargaining in an Era of Economic Restructuring
The Scope of the Duty to Bargain Concerning Business Transformations
The Role of Labor Arbitration
ERISA Considerations in Business Change Transactions
Union Directors and Fiduciary Duties under State Corporate Law
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 AgreementsAn Alternative to Oppressive Labor Contracts?
Protecting Union Interests in Employer Bankruptcy