(Press-News.org) CHAMPAIGN, Ill. — With legislation to diminish private- and public-sector collective bargaining rights already in the books in Wisconsin and Ohio, should more labor unions steal a page from the playbook of the NFL Players Association and decertify? Although there are parallels between the pros and regular Joes (and Janes), union decertification is not a viable strategy for ordinary workers to use when bargaining for better wages and working conditions, says a University of Illinois law and labor expert.
Whether it's a teacher in Wisconsin or a construction worker in Indiana, what ordinary workers and NFL players have in common is that "collective bargaining is so stacked against them, they have very little to negotiate over," said Michael LeRoy, a professor of law and of labor and employment relations at Illinois.
Ultimately, it's not a legal matter but an economic one for both professional athletes and unionized workers.
"That's how the NFL players association felt – we have a union, but the other side is crushing us," LeRoy said. "If you're a member of a teachers union in Wisconsin, you're probably thinking the same thing – what's the point of having a union when you can't bargain? So there are parallels between unionized workers and NFL players. But I'm not sure how realistic it is for the average union to think they can accomplish their goals more effectively if they choose to decertify and drop out of labor law."
According to LeRoy, who specializes in employment and labor law, the main rationale for state collective-bargaining laws was to take labor disputes that were being fought (sometimes literally) in the streets or on picket lines and put them in a conference room where parties could bargain in a highly regulated process.
If workers disbanded their union and reconstituted as a voluntary trade association, similar to what NFL players did last March, LeRoy says there inevitably would be more work stoppages over grievances.
"In that format, you could have workers who coordinate days they don't show up to work," he said. "Another issue is grievance settlement through arbitration. The Wisconsin law, as I understand it, curbs arbitration substantially. Well, arbitration was put in place as substitute for interrupting work over a grievance. So if a worker was fired or disciplined and we thought it was unfair, back in the 1930s and earlier we would put down our tools and go out to the parking lot. We wouldn't fight, we would just say nothing's getting done until our colleague is treated fairly. That's the kind of system we would return to if unions disbanded."
Ironically, the use of arbitration in lieu of striking came about through Republican-backed legislation.
"But in Wisconsin and Ohio, we've taken that model and turned it upside down," LeRoy said.
But for all the criticism it gets, LeRoy says that labor law has worked in terms of producing negotiated outcomes in the vast majority of disputes.
"Our experience over decades shows that parties resort to their economic weapons – for owners, a lockout, and for workers, a strike – in fewer than 2 percent of labor negotiations," he said.
INFORMATION:
Editor's note: To contact Michael LeRoy, call 217-244-4092; email m-leroy@illinois.edu.
Most labor unions unlikely to follow decertification path of NFL players
2011-05-26
[Attachments] See images for this press release:
ELSE PRESS RELEASES FROM THIS DATE:
Autism changes molecular structure of the brain, UCLA study finds
2011-05-26
For decades, autism researchers have faced a baffling riddle: how to unravel a disorder that leaves no known physical trace as it develops in the brain.
Now a UCLA study is the first to reveal how the disorder makes its mark at the molecular level, resulting in an autistic brain that differs dramatically in structure from a healthy one. Published May 25 in the advance online edition of Nature, the findings provide new insight into how genes and proteins go awry in autism to alter the mind.
The discovery also identifies a new line of attack for researchers, who ...
Caltech-led team debunks theory on end of 'Snowball Earth' ice age
2011-05-26
PASADENA, Calif.—There's a theory about how the Marinoan ice age—also known as the "Snowball Earth" ice age because of its extreme low temperatures—came to an abrupt end some 600 million years ago. It has to do with large amounts of methane, a strong greenhouse gas, bubbling up through ocean sediments and from beneath the permafrost and heating the atmosphere.
The main physical evidence behind this theory has been samples of cap dolostone from south China, which were known to have a lot less of the carbon-13 isotope than is normally found in these types of carbonate rocks. ...
Pitt team recreates brain cell networks with new view of activity behind memory formation
2011-05-26
PITTSBURGH—University of Pittsburgh researchers have reproduced the brain's complex electrical impulses onto models made of living brain cells that provide an unprecedented view of the neuron activity behind memory formation.
The team fashioned ring-shaped networks of brain cells that were not only capable of transmitting an electrical impulse, but also remained in a state of persistent activity associated with memory formation, said lead researcher Henry Zeringue [zuh-rang], a bioengineering professor in Pitt's Swanson School of Engineering. Magnetic resonance images ...
Violent video games reduce brain response to violence and increase aggressive behavior
2011-05-26
VIDEO:
Scientists have known for years that playing violent video games causes players to become more aggressive. The findings of a new University of Missouri study provide one explanation for...
Click here for more information.
COLUMBIA, Mo. – Scientists have known for years that playing violent video games causes players to become more aggressive. The findings of a new University of Missouri (MU) study provide one explanation for why this occurs: the brains of violent ...
Many patients fail to properly take oral chemo, leading to complications
2011-05-26
EAST LANSING, Mich. — As the use of oral chemotherapy continues to rise, researchers from Michigan State University have discovered many patients fail to properly take the cancer-fighting medication, a significant clinical problem that can result in complications and premature death.
That lack of adherence needs to be addressed by the health care community, said College of Nursing researcher Barbara Given, who led the study that is published in the May edition of Seminars in Oncology Nursing.
"Given the increasing use of oral chemotherapy in treating cancer, patient ...
Big bucks for MLB megastars mean big team profits, but fewer wins
2011-05-26
ANN ARBOR, Mich.---Spending top dollar for megastar players like Miguel Cabrera and Alex Rodriguez helps Major League Baseball teams attract fans and earn higher profits, but clubs that spend the bulk of their player payroll on a couple of superstars ultimately win fewer games, a University of Michigan study shows.
"Superstars who are paid more could bring more to the team in terms of profits," said Jason Winfree, an associate professor of sport management at the U-M School of Kinesiology. "The flip side of that is that a more equitable pay scale among all players results ...
Protein drinks after exercise help maintain aging muscles
2011-05-26
Bethesda, MD—A new research report appearing online in the FASEB Journal (http://www.fasebj.org) shows that what someone drinks after exercise plays a critical role in maximizing the effects of exercise. Specifically, the report shows that protein drinks after aerobic activity increases the training effect after six weeks, when compared to carbohydrate drinks. Additionally, this study suggests that this effect can be seen using as little as 20 grams of protein.
"It is not a mystery that exercise and nutrition help slow the aging process," said Benjamin F. Miller, Ph.D., ...
Unique nerve-stimulation treatment proves effective against drug-resistant epilepsy
2011-05-26
Medications are the mainstay of treatment for epilepsy, but for a considerable number of patients — estimated to be as many as 1 million in the U.S. — drugs don't work. These patients suffer from a type of epilepsy known as refractory or drug-resistant epilepsy, in which drugs can't control their seizures.
But at an epilepsy conference last month, Dr. Christopher DeGiorgio, a UCLA professor of neurology, presented the results of a non-invasive, non-pharmaceutical treatment that shows promise in controlling seizures.
In his talk at the Antiepileptic Drug Trials XI ...
Losing more than 15 percent of body weight significantly boosts vitamin D levels in overweight women
2011-05-26
SEATTLE – Overweight or obese women with less-than-optimal levels of vitamin D who lose more than 15 percent of their body weight experience significant increases in circulating levels of this fat-soluble nutrient, according to a new study by researchers at Fred Hutchinson Cancer Research Center.
"Since vitamin D is generally lower in persons with obesity, it is possible that low vitamin D could account, in part, for the link between obesity and diseases such as cancer, heart disease and diabetes," said Caitlin Mason, Ph.D., lead author of the paper, published online May ...
High-fat diet during pregnancy programs child for future diabetes
2011-05-26
URBANA – A high-fat diet during pregnancy may program a woman's baby for future diabetes, even if she herself is not obese or diabetic, says a new University of Illinois study published in the Journal of Physiology.
"We found that exposure to a high-fat diet before birth modifies gene expression in the livers of offspring so they are more likely to overproduce glucose, which can cause early insulin resistance and diabetes," said Yuan-Xiang Pan, a U of I professor of nutrition.
The high-fat diet that caused these changes was a typical Western diet that contained 45 percent ...