On March 26, 2010 the International Association of Machinists and Aerospace Workers filed a complaint with the National Labor Relations Board alleging that The Boeing Company engaged in several unfair labor practices when it decided to build a second production facility for the 787 Dreamliner in a non-union facility in North Charleston, South Carolina. However, the NLRB’s charges are unwarranted and should be dismissed. Boeing’s competitiveness, as well as the overall American economy, is threatened by the precedent that would be set by a decision in favor of the union.

Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF v. White (2006) to the present were reviewed and coded on factors likely to influence the court’s decision. Implications associated with these factors and the implications of relevant Supreme Court holdings are discussed. The ability of the plaintiff to establish all three prongs of a retaliation claim was found to be important for the court to rule in his/her favor. If the retaliatory act meets or exceeds the EEOC deterrence standard, the court tended to favor the plaintiff. Finally, the results suggest that the plaintiff should use the organization’s grievance policy, if there is one, as the court tended to rule favorably for the plaintiff when he/she used the available grievance policy. Additional implications are explored and limitations are discussed.

Japanese workers are facing a threat of literal death from working too hard. In 1978, karōshi, defined as death or severe disability from overwork, was added to the Japanese dictionary. Japan is recognized as having one of the worst working conditions in the developed world with awfully long working hours. This thesis deconstructs the underlying psychological, cultural and economic reasons that contribute to the long working hours in Japanese companies. Then, this thesis examines the previous and current efforts by the Japanese, South Korean and German governments to reduce working hours in their countries to prevent the fatal consequences of overwork. It concludes by recommending the Japanese government to continue the research on overtime and death, raise awareness through education and outreach, enforce strict labor laws, and to adopt a method of flexible working hours.

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Abstract The gap between the revenue generated by division one football players and the value of an athletic scholarship is the marginal revenue product of these athletes. Because of the monopsonistic behavior of the NCAA, division one institutions capture an economic rent from their student athletes. This paper measures the rents generated by NCAA division one football players in the six powerhouse conferences by using linear regressions based on variables such as university revenue, future NFL draft picks, undergraduate population, and weekly AP Top-25 rankings. This paper will inform its readers on how much money these student athletes are generating for the NCAA and their respective schools, and will provide understanding as to why there has been so much controversy regarding the payment of NCAA athletes.

This thesis was intended to delineate the factors contributing to the formulation of the Comprehensive Employment and Training Act (CETA) of 1973--a unique attempt at overhauling federal employment and training policy as well as one of the early efforts at devolving control over grants-in- aid to the subnational level.

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application process. Results indicated that, regardless of their offense, gender, and race, ex-prisoners were generally perceived to be less employable and less likely to have work-related characteristics such as honesty and the ability to communicate effectively.

Job status and salary inequities between men and women have only recently been documented (Kravetz 1976). The federal government, over the past few decades, through various acts and executive orders, has created legislation to prohibit discrimination based on race, sex, color, religion or national origin in all employment practices. The question is to what extent this legislation has permeated social service agencies and affected their employment patterns, particularly with respect to administrative positions. In 1976, the Women's Issues Committee of the Oregon Chapter of the National Association of Social Workers (NASW), addressed this question by initiating a study of social work employment in Oregon. The first part of the study examined the salaries and positions of NASW members in this state. The second part of the study was designed to study more specifically the employment patterns of women MSWs in Oregon's social service agencies. Under the auspices of the Women's Issues Committee, the second part of the study was designed and conducted by eight graduate students at the School of Social Work at Portland State University. One objective of the study was to find out the proportion of men and women filling the management positions in local social service agencies. But the primary purpose of the study was to examine the management-executive employment patterns in agencies before and after affirmative action programs were instituted. An attempt was then made to determine the effects, if any, of such programs. It was hoped that the results would clarify how agencies implement their affirmative action programs, the effects of implementation, and the barriers to the employment of women in management positions.

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. The paper then identifies the various negative potential consequences that exist as a result of the unfair nature of arbitration today. This thesis concludes by presenting various ways that the arbitration process can be improved upon to make for a fairer, more neutral dispute resolution alternative.

The manner by which courts view performance appraisals in relation to the outcome of case is certainly a topic worthy of discussion. Utilizing the framework used within the work of Werner and Bolino (1997), the following study was able to accomplish two main goals: (1) update the information of Werner and Bolino (1997) by evaluating modern cases, and (2) to evaluate new data regarding age discrimination utilizing the same framework as Werner and Bolino (1997). Utilizing chi-square analysis to test all of the hypotheses, it was demonstrated that there was statistical significance in performance appraisals with the presence of a job analysis regarding court outcome. Other variables such as appraisal basis (trait, behavioral, MBO), triangulation, and appraisal frequency did not have any statistical significance. Out of the six new hypotheses tested, all showed statistical significance except for one. These hypotheses showcased the immense differences in how different forms of discrimination are viewed by the court even with respect to the performance appraisal. This was especially true with age discrimination in comparison to every other form of discrimination. In conclusion the following study accomplished its two main goals by displaying consistency with Werner and Bolino’s work and successfully evaluating new variables to support the hypotheses that involve differences between different forms of discrimination and the outcome of the court case.