The dissertation provides a written history of the Association of State Executives (ASE) and identifies the career paths of the state executives. The scope of the research includes the inception of ASE, through its birth and early years of development, and into a period of expansion and growth. The history identifies the association‘s goals, leadership, major issues, and affiliations. Specifically, the study examines how and why the Association of State Executives was formed, who the major individuals were and what roles they played, what issues were of primary concern to the association and why those issues were important, how the association changed over time and the causes of the change, what relationships existed between ASE and other associations, and what career paths evolved for the state executives. Primary sources of data included documents of the association, meeting minutes, memos, and letters. Interviews were conducted with selected members of the association: founding fathers, past and present officers, committee chairs, committee members, and new members. A questionnaire was sent to all state executives to elicit career path information. The research contributes to the general field of knowledge of organizational theory and development and is a link between theory and practice, particularly in the area of life cycles of organizations. The study has archival value for members of the Association of State Executives and provides information to students of educational organizations. By providing personal, educational, and professional information on the membership of ASE, the study serves as a career guide for persons who aspire to the administrative positions held by state executives. / Ed. D.

The primary object is to make an exploration of and to examine in detail the practice of industrial espionage and surveillance. Many people, while they may be aware of the existence of such a practice, have only a limited knowledge of the ramifications inherent in it. This study, then, will seek to localize and to classify the facts on the subject of espionage and surveillance of the union activities of workers. An attempt will be made to present the facts in such a way that one who is completely unaware of the existence of the practice may also be made to know the significance of industrial espionage and surveillance by reading this paper.

Today, labor union membership has dropped to its lowest level in over 40 years. Attempts to boost aggregate union membership through large scale organizing drives have largely failed. This has placed a great deal of pressure on unions to provide services to existing union members. This would seem to be especially true for labor unions operating in right-to-work states where union members can simply quit the union if they are not satisfied with the union's efforts. Accordingly, this project sought to explain the extent to which local unions have been successful in achieving desirable bargaining outcomes for their members through the exercise of bargaining power. The purpose of this project was to assess the relationship between sources of plant-level bargaining power and changes in collective bargaining outcomes in an open-shop environment. Sources of power were grouped into those over which the union had relatively greater control (strikes, union strength, and decertification attempts) and those over the employer had relatively greater control (bargaining unit employment, plant closure communications, and degree of labor intensity). A three-page survey questionnaire was employed to collect plant-level data from Virginia and Iowa representing sources of bargaining power relevant to specific time periods to help identify whether sources of bargaining power were more or less effective in securing bargaining outcomes favorable to the local union during episodes of union militancy. Results demonstrate that strike incidence and union strength, two consistent traditional predictors of various bargaining outcomes were ineffective as sources of union bargaining power at least for these samples. Strike duration did lead to greater bargaining outcomes for union members in Iowa. Decertification activity was so low in these samples that meaningful relationships were not possible. Changes in bargaining unit employment, over which the employer has relatively greater influence were directly related to bargaining outcomes in the Iowa sample of plants which did not experience strikes. In Virginia, the threat of a plant closure by an employer during an impasse lead to lower bargaining outcomes for union members as predicted. The degree of labor intensity was unrelated to changes in bargaining outcomes for either state. When considering all significant relationships (supportive and nonsupportive), strikes demonstrated a particularly disruptive influence. Research results suggested that future research should consider industrial, union affiliation, and regional differences in plant level studies. / Ph. D. / Pages xiv-xix missing.

The Arbitration Review Board existed in the bituminous coal industry from 1974 to 1981. Established during the 1974 contract negotiations between the Bituminous Coal Operators Association and the United Mine Workers of America, the ARB represented an effort to obtain consistency in arbitration decisions. The ARB operated as an industry appellate board designed to hear appeals of arbitration awards, and the decisions of the ARB were contractually mandated as industry precedents requiring arbitrator compliance. Although the parties terminated the ARB in 1981, they have continued to incorporate the precedent decisions in subsequent contracts. This study utilizes both a qualitative assessment and an empirical analysis of arbitration decisions to determine the impact of the ARB on the arbitration process in the coal industry. Structured interviews were conducted with former ARB members, arbitrators, management representatives, and union representatives to gather information with which to construct a complete historical perspective of the ARB's inception, operation, and termination. A total of 44 individuals were interviewed. The empirical assessment involved a content analysis of 300 arbitration decisions to determine the extent to which arbitrators have adhered to the ARB precedents. Conclusions of the research suggest that the ARB has had a profound impact on coal industry arbitration. Arbitrators increasingly adhered to ARB decisions during its existence, and have continued to exhibit a high degree of adherence following the ARB's termination. The difficulties encountered in implementing the ARB and the factors contributing to its termination are discussed. / Ph. D.

The purpose of this study was to determine whether selected environmental variables could be used to differentiate public two-year colleges on the basis of collective-bargaining status and bargaining-agent affiliation. The following null hypotheses were tested: 1. There are no differences between states with collective bargaining in community colleges and those without collective bargaining, as measured by the set of environmental variables selected for this study. 2. There are no differences between states with enabling legislation for collective bargaining in community colleges and those without legislation, as measured by the set of environmental variables selected for this study. 3. There are no differences between community colleges which are unionized and those which are not unionized, as measured by the set of environmental variables selected for this study. 4. There are no differences among community colleges affiliated with, respectively, the American Federation of Teachers, the National Education Association, and with no union, as measured by the set of environmental variables selected for this study. Hypotheses Three and Four represented the principal analyses. A population of 556 colleges, 239 of which were unionized, was used. Data were collected on 29 environmental variables and analyzed by stepwise discriminant analysis procedures from the Statistical Package for the Social Sciences. Each principal analysis was performed twice: once with nonunion colleges selected from all states, and once with nonunion colleges restricted to unionized states. Each null hypothesis was rejected at a level of significance of 0.05 of less. Although each analysis produced its own linear combination of discriminating variables, seven variables were common to all principal analyses. The environmental influences represented by these variables were: (a) the level of control over the college, (b) whether the college is part of a system, (c) whether the state has enabling legislation, (d) the proportion of the reference area population living in urban areas, (e) value added by manufacture in the reference area, (f) real per capita income in the state, and (g) union membership as a percent of the state's nonagricultural labor force. / Ed. D.

Summaries in English and Afrikaans / Text in Afrikaans / Staatsamptenare val sedert 1993 onder arbeidswetgewing wat vir kollektiewe bedingingsregte voorsiening maak. Wat laasgenoemde regte aanbetref word, in ooreenstemming met intemasionale reg, betoog dat die regte van staatsamptenare meer beperk kan word as wat die geval in die privaatsektor is. Ten spyte van argumente tot die teendeel word aangevoer dat staatsamptenare 'n noodsaaklike <liens aan die bree gemeenskap lewer wat veral met betrekking tot die herontwikkeling en opbou van Suid-Afrika 'n belangrike sosioekonomiese bydrae te lewer het. Die afwesigheid van die tradisionele onderskeid tussen kapitaal en arbeid, werkplekf arums, ·sow el as onbeperkte organiseringsregte sal produktiwiteit in die openbare sektor belnvloed. Werkersdeelname in besluitneming in die openbare sektor kan verwesenlik word sander om die omvangryke kollektiewe bedingingsregte soos vervat in die Wet op Arbeidsverhoudinge, 66 van 1995 aan staatsamptenare te verleen. / Public servants have fallen under labour legislation that provides for collective bargaining rights since 1993. It is argued that these rights of public servants, in accordance with international law, may be limited to a greater extent than those of employees in the private sector. Despite arguments to the contrary the opinion is held that public servants deliver an important, essential service to the broader public especially when it comes to their socio-economic contribution to the redevelopment of South Africa. The absence of the traditional difference between capital and labour, workplace forums, as well as unlimited organisational rights will have an influence on productivity in the public sector. Workers participation in decision making can be realised without granting public servants the extensive collective bargaining rights as contained in the Labour Relations Act, 66 of 1995. / Law / L.L.M.

Walton and McKersie (1965) defined relationship patterns as those shared attitudes that are important to negotiators when they are interacting together. In the case of the 2004 Japanese Professional Baseball collective bargaining negotiations, Dabscheck (2006) discussed the major issues and events that led to the two (2) day labor strike. However, his article did not describe how the relationship pattern between the Nippon Professional Baseball (NPB) and the Japanese Professional Baseball Players Association (JPBPA) changed to facilitate the settlement of the conflict. Along the same vein, researchers (Adair, Brett, & Okumura, 2001; Adair & Brett, 2005; Deck, Farmer, & Zeng, 2009; and Doucet, Jehn, Weldon, & Wang, 2009; Drake, 1995; Neu, 1988; and McDaniel, 2000) attempted to show a link between negotiator behavior from cultural and communication perspectives, however, there was little empirical attention paid to the psychological process, such as thoughts, perceptions, emotions, and attitudes, and its link to negotiator behavior leaving a gap in the existing scholarly literature. To address the gap in Dabscheck's (2006) article and the existing scholarly literature, I utilized Yin's (2009) Case Study Research Approach to qualitative inquiry by analyzing document reviews and engaging collaboratively with research participants through focused interviews to investigate how the relationship pattern in the 2004 Japanese Professional Baseball collective bargaining negotiations changed from the beginning to the end of the conflict if at all. I found that the NPB and the JPBPA institutional pattern of relationship at the start of the conflict began with a containment-aggression relationship pattern, and over four (4) months, the pattern of relationship did change from containment-aggression to cooperation. Upon further investigation, I found that the NPB and the JPBPA negotiators operated initially in the distributive bargaining sub-process utilizing reinforcement tactics, but over the course of four (4) months, they began to operate in the integrative bargaining sub-process with the utilization of cognitive balance tactics even though the NPB and the JPBPA negotiators never abandoned operating in the distributive bargaining sub-process. In essence, they operated in hybrid distributive and integrative sub-processes at the same time. Moreover, I discovered that the NPB and the JPBPA moved from containment-aggression to cooperation not only because of a change in the NPB's lead negotiator position, but also because of a shared emotional moment between the NPB and the JPBPA negotiators, which initiated a shift away from stalemate. Although environmental factors, such as the media, fans, politicians, and other unions, over the course of four (4) months did not waiver in their support for the resolution of the conflict, the evidence did not directly demonstrate the way that their support and their influence manifested in the collective bargaining negotiations.

Summaries in English and Afrikaans / Text in Afrikaans / Staatsamptenare val sedert 1993 onder arbeidswetgewing wat vir kollektiewe bedingingsregte voorsiening maak. Wat laasgenoemde regte aanbetref word, in ooreenstemming met intemasionale reg, betoog dat die regte van staatsamptenare meer beperk kan word as wat die geval in die privaatsektor is. Ten spyte van argumente tot die teendeel word aangevoer dat staatsamptenare 'n noodsaaklike <liens aan die bree gemeenskap lewer wat veral met betrekking tot die herontwikkeling en opbou van Suid-Afrika 'n belangrike sosioekonomiese bydrae te lewer het. Die afwesigheid van die tradisionele onderskeid tussen kapitaal en arbeid, werkplekf arums, ·sow el as onbeperkte organiseringsregte sal produktiwiteit in die openbare sektor belnvloed. Werkersdeelname in besluitneming in die openbare sektor kan verwesenlik word sander om die omvangryke kollektiewe bedingingsregte soos vervat in die Wet op Arbeidsverhoudinge, 66 van 1995 aan staatsamptenare te verleen. / Public servants have fallen under labour legislation that provides for collective bargaining rights since 1993. It is argued that these rights of public servants, in accordance with international law, may be limited to a greater extent than those of employees in the private sector. Despite arguments to the contrary the opinion is held that public servants deliver an important, essential service to the broader public especially when it comes to their socio-economic contribution to the redevelopment of South Africa. The absence of the traditional difference between capital and labour, workplace forums, as well as unlimited organisational rights will have an influence on productivity in the public sector. Workers participation in decision making can be realised without granting public servants the extensive collective bargaining rights as contained in the Labour Relations Act, 66 of 1995. / Law / L.L.M.

Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

Le Code du travail, pièce maîtresse du droit des rapports collectifs du travail au Québec, ne reconnaît pas l’accréditation multipatronale et érige certains obstacles aux négociations collectives multipatronales. Au tournant des années 2000, la Cour suprême du Canada (ci-après « Cour suprême ») a élargi l’interprétation donnée à la liberté d’association prévue à l’alinéa 2d) de la Charte canadienne des droits et libertés (ci-après « Charte canadienne »). Cette dernière protège désormais, dans une certaine mesure, les droits fondamentaux d’association, de négociation collective et de grève. Dans ce mémoire, l’auteure évaluera s’il est possible de remettre en question la légalité de l’interdiction de l’accréditation multipatronale, un postulat implicite sur lequel repose le Code du travail, par une contestation de sa validité constitutionnelle. Pour ce faire, l’auteure tracera un bref portrait historique et sociologique des rapports collectifs du travail pour mieux situer la question, exposera l’état du droit en matière d’accréditation multipatronale, fera un tour d’horizon de la littérature portant sur les insuffisances du modèle de relations industrielles actuel en rapport à l’accréditation multipatronale et résumera l’interprétation donnée à la liberté d’association par la Cour suprême. Ensuite, à partir d’un cas hypothétique, et en se basant sur le cadre analytique développé par la Cour suprême dans la trilogie de 2015, l’auteure analysera l’histoire des relations de travail au Canada, la portée du droit garanti par l’alinéa 2d), les valeurs inhérentes à la Charte canadienne et le droit international du travail pour tenter de construire un argumentaire autour de l’existence d’une entrave substantielle au droit à un processus véritable de négociation collective et, le cas échéant, d’évaluer si la violation est justifiée en vertu de l’article premier de la Charte canadienne. / The Labour Code does not recognize multi-employer certification and erects certain obstacles to multi-employer collective bargaining. At the turn of the 2000s, the Supreme Court of Canada (the « Supreme Court ») broadened the interpretation given to the freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms (the« Canadian Charter »). The latter now protects, to a certain extent, the fundamental rights of association, the right to bargain collectively and the right to strike. In this thesis, the author will assess whether it is possible to question the legality of the prohibition of multi-employer accreditation by challenging its constitutional validity. In order to answer this question, the author will briefly study historical and sociological aspects of labour relations, present the state of the law concerning multi-employer certification, provide an overview of the literature regarding the insufficiencies of the industrial relations model in relation to multi-employer certification and summarize the interpretation given by the Supreme Court to freedom of association. Then, based on a hypothetical case and the analytical framework developed by the Supreme Court in the 2015 trilogy, the author will analyze the history of labour relations in Canada, the scope of the right guaranteed under section 2(d), the underlying values of the freedom of association and the international labour law in an attempt to build an argument around the existence of a substantial interference with collective bargaining and, where applicable, to assess whether the violation is justified under section 1 of the Canadian Charter.