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1 – 10 of 16This paper uses 1992 nonunion employment arbitration awards to examine how parties currently use arbitration outside collective bargaining. It presents descriptive data on the…
Abstract
This paper uses 1992 nonunion employment arbitration awards to examine how parties currently use arbitration outside collective bargaining. It presents descriptive data on the costs of arbitration. It compares employer and employee claims, and finds that employees win higher damage awards. Employees recover a higher proportion of the damages they claim or have a better outcome than employers, notwith‐standing the theory that an arbitrator will rule in favor of employers because they have more resources to pay the arbitrator. While both employers and employees have lower outcomes when the arbitrator is paid a fee, this appears to be because the fee‐paying cases are higher stakes claims, and higher stakes claims result in proportionally lower damage awards. The findings tend to contradict the theory that employment arbitrators will be biased in favor of employers in a nonunion setting.
Hsin‐Hung Chen and Brian H. Kleiner
Outlines the doctrine of employment‐at‐will exercised by US companies and the major interpretations used to justify exceptions. Discusses the reluctance of courts to use the First…
Abstract
Outlines the doctrine of employment‐at‐will exercised by US companies and the major interpretations used to justify exceptions. Discusses the reluctance of courts to use the First Amendment in wrongful discharge cases. Introduces the Model Employment Termination Act 1991 and outlines the contents. Considers the California Senate Bill 994, Employment Practices Liability Insurance and Alternative Dispute Resolution programme. Provides general principles for employers attempting to avoid a wrongful termination suit.
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Tavatchai Hongchintakul and Brian H. Kleiner
Briefly discusses the definition of discrimination before covering sexual harassment in more detail separating it into two types, quid‐pro quo and hostile environment. Outlines…
Abstract
Briefly discusses the definition of discrimination before covering sexual harassment in more detail separating it into two types, quid‐pro quo and hostile environment. Outlines the position of the United States Postal Services in relation to the huge number of lawsuits filed against it over the last decades. Looks at ways the company sought to improve the situation, in particular, the Redress programme. Profiles the models of mediation employed by the service.
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Rosemary O℉Leary, Tina Nabatchi and Lisa Bingham
After reviewing the logic and basics of Environmental Conflict Resolution (ECR), this article analyzes the praise for and criticisms of ECR. This article acknowledges the initial…
Abstract
After reviewing the logic and basics of Environmental Conflict Resolution (ECR), this article analyzes the praise for and criticisms of ECR. This article acknowledges the initial successes in the 1970s and 1980s that led to a major period of expansion for ECR, and continues today, but argues that it must do a better job of proving itself. That is, proponents must conduct more rigorous assessments of its utility under different conditions and invest in data collection that goes far beyond present efforts. The article concludes by reviewing the challenges and opportunities facing ECR in the twenty-first century. Singled out for attention is the need for scholars and practitioners to understand ECR interventions as targeted at aggregate rather than dyadic relationships, as complex systems embedded in even larger complex systems, as time-extended phenomena, and as ripe for evaluation for their impact on substantive environmental outcomes.
Lisa Blomgren Amsler and Rosemary O’Leary
Over the 30 years, public management and administration scholars have crossed disciplinary boundaries to build a body of scholarship on collaboration for public good, services…
Abstract
Purpose
Over the 30 years, public management and administration scholars have crossed disciplinary boundaries to build a body of scholarship on collaboration for public good, services, and values. The paper aims to discuss these issues.
Design/methodology/approach
Public management and administration researchers need to integrate the scholarship on collaboration through systems thinking. How do we define collaboration? How do we distinguish among the categories of collaborative public management (CPM), collaborative governance (CG), and networks? How do systems and institutional context shape collaboration in these categories? Within these categories, what are our units of analysis: individual leadership, organizations, or groups in collaboration processes? How do we apply what we know to practice and design?
Findings
The work requires that the authors examine CPM, CG, and networks in their larger and nested institutional contexts to determine how they are related to and shape each other. The Institutional Analysis and Development framework may inform this work. CPM or networks may be nested in CG processes and structures in inter-governmental contexts.
Research limitations/implications
Researchers need more clarity as to the context within which CPM, CG, and networks occur, and in units of analysis and the roles of individual people as managers and as agents of organizations, as distinguished from organizations as constructs.
Practical implications
Scholars need to apply research to practice related to designing systems and structures in which collaboration occurs.
Social implications
As humankind faces increasingly complex and multifaceted policy problems that cross inter-governmental and international boundaries and require inter-sectoral work, managers and organizations must improve both the design of collaboration in governance and management and mastery of essential skills to participate in collaboration.
Originality/value
CPM, CG, and network research does not sufficiently incorporate or control for institutional context into research design.
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Tina Nabatchi, Lisa Blomgren Bingham and David H. Good
This study examines the structure and dimensionality of organizational justice in a workplace mediation setting. It has three purposes: to determine whether the procedural and…
Abstract
Purpose
This study examines the structure and dimensionality of organizational justice in a workplace mediation setting. It has three purposes: to determine whether the procedural and interpersonal justice factors in the four‐factor model of organizational justice can be split, thereby providing support for a six‐factor model; to identify how the split factors relate to other factors in the model; and to uncover any differences in employee and supervisor perceptions of organizational justice in workplace mediation.
Design/methodology/approach
Confirmatory factor analysis is used to explore the fit of four different models of organizational justice. The paper examines cross factor correlations to assess the strength and relationships among factors and to look for differences between employees and supervisors.
Findings
It is found that a six‐factor model of organizational justice provides the best fit for the data and that factor relationships differ little for employees and supervisors.
Research limitations/implications
This is a field test of REDRESS®, the USPS employment mediation program which uses transformative mediation. The study has important theoretical and research implications for organizational justice and workplace mediation.
Practical implications
The study has practical implications for organizational conflict management and dispute system design.
Originality/value
Organizational justice has not been adequately explored within the context of workplace mediation. The study is unique in that it concurrently examines multiple factors of organizational justice, using a large, longitudinal dataset from an internationally recognized workplace mediation program.
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Hina Khalid, David S.T. Matkin and Ricardo S. Morse
This article explores collaborative capital budgeting in U.S. local governments. To date, the capital budgeting literature has focused on practices within individual governments…
Abstract
This article explores collaborative capital budgeting in U.S. local governments. To date, the capital budgeting literature has focused on practices within individual governments. This leaves a gap in our understanding because a large portion of capital planning, acquisition, and maintenance occurs through collaboration between two or more local governments. Drawing on the capital budgeting and collaborative public management literature, and on illustrative cases of collaborative capital budgeting in the United States, an inductive approach is used to: (1) identify and categorize the different objectives that motivate local officials to pursue collaborative agreements, (2) examine common patterns in the types of assets involved in collaboration, and (3) discover common institutional arrangements in collaboration agreements. The research findings demonstrate significant heterogeneity in the objectives, patterns, and institutions of collaborative capital budgeting.
Latisha Reynolds, Amber Willenborg, Samantha McClellan, Rosalinda Hernandez Linares and Elizabeth Alison Sterner
This paper aims to present recently published resources on information literacy and library instruction providing an introductory overview and a selected annotated bibliography of…
Abstract
Purpose
This paper aims to present recently published resources on information literacy and library instruction providing an introductory overview and a selected annotated bibliography of publications covering all library types.
Design/methodology/approach
This paper introduces and annotates English-language periodical articles, monographs, dissertations and other materials on library instruction and information literacy published in 2016.
Findings
The paper provides information about each source, describes the characteristics of current scholarship and highlights sources that contain unique or significant scholarly contributions.
Originality/value
The information may be used by librarians and interested parties as a quick reference to literature on library instruction and information literacy.
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Richard A. Posthuma, Gabriela L. Flores, James B. Dworkin and Samuel Pavel
Using an institutional theory perspective (micro and macro), the authors examined employment lawsuits across case type and alternative dispute resolution methods (negotiated…
Abstract
Purpose
Using an institutional theory perspective (micro and macro), the authors examined employment lawsuits across case type and alternative dispute resolution methods (negotiated settlements versus trials and arbitrations).
Design/methodology/approach
The authors examined actual data from US federal court lawsuits (N = 98,020). The data included the type of lawsuit, the dispute resolution method used and the outcome of the lawsuit in terms of the dollar amounts awarded.
Findings
The results show that employers were more likely to win in high social context cases (civil rights) than in other cases (Employment Retirement Income Security Act of 1974, ERISA). In arbitrations, plaintiffs won more frequently and were awarded higher amounts in arbitration than in court trials. In arbitration, plaintiffs received more in high social context cases than in other cases.
Practical implications
The results show that employers lose more often and in larger dollar amounts in arbitration than in litigation. However, if arbitration rulings more closely matched the likely outcomes of trials, subsequent litigation would be less likely to be overturned, and transaction costs would be reduced. If this were the case, the arbitration of employment lawsuits would more closely match the arbitration of contractual grievances under the typical labor relations system, where the arbitrator’s decision is usually final and binding. This could be a better outcome for all stakeholders in the dispute resolution process.
Originality/value
This is the first study of its kind to examine actual workplace conflicts that result in employment-related lawsuits from the perspective of social contextual factors.
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The use of a life‐cycle framework is explored as a means ofdescribing the evolution of partnership relationships between industrialbuyers and sellers. Based on case studies of…
Abstract
The use of a life‐cycle framework is explored as a means of describing the evolution of partnership relationships between industrial buyers and sellers. Based on case studies of eight manufacturing firms, industrial buyer‐seller partnerships evolve through four stages: development, commitment, integration and dissolution. In addition to exploring a “traditional” life‐cycle pattern, case studies are used to illustrate and support examples of variations on the traditional partnership life‐cycle pattern. The life‐cycle analogy is useful to both practitioners and theorists in developing, understanding and influencing the patterns which industrial buyer‐seller partnerships may follow.
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