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1 – 10 of 31This 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.
Tatjana V. Kazakova and Daniel Geiger
The way organizations cope with uncertainty in strategic decision making is prominently discussed. Concepts such as heuristics and simple rules are gaining increasing attention in…
Abstract
The way organizations cope with uncertainty in strategic decision making is prominently discussed. Concepts such as heuristics and simple rules are gaining increasing attention in strategic management research. However, despite their importance, little is known how heuristics and simple rules operate. Our qualitative study reveals that, first, strategic decisions consist of three basic elements: single rules, rule patterns, and emotional handling. Second, we find that firms develop generalizable rule patterns which follow a sequential order of inter-linked rules. Based on the findings we introduce the concept of organizational heuristics as inter-linked rule patterns drawing on organizational experience.
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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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Come, Madam But I don't have my shoes on. Come, Madam.
This chapter shows how different recycling locations influence closed-loop supply chain (CLSC) cost and carbon dioxide equivalents (CO2e), as well as reveal competitive recycling…
Abstract
This chapter shows how different recycling locations influence closed-loop supply chain (CLSC) cost and carbon dioxide equivalents (CO2e), as well as reveal competitive recycling and manufacturing locations, including relevant distance- and location-related factors, for achieving very low cost and CO2e CLSCs supporting circular economy. Exploratory data analysis is used to analyze results from simulations based on empirical data and market rates relating to textile and clothing CLSCs. The results show that most very low-cost and CO2e CLSCs consist of fabric and garment manufacturing located at the same or nearby locations, and whose labor costs and electricity CO2e are low, whether fiber recycling facilities are located in proximity to used garment sorting facilities or not. Scenario and sensitivity analyses of important cost and CO2e factors for recycling location competitiveness reveal that increasing used garment prices makes locations with high import duties lose competitiveness, and that varying water freight CO2e changes comparative location competitiveness.
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Melinda Leigh Maconi, Sara Eleanor Green and Shawn Chandler Bingham
In this chapter, we explore perceptions of exclusion and inclusion among students registered with the office of disability services at a large urban university in the United…
Abstract
In this chapter, we explore perceptions of exclusion and inclusion among students registered with the office of disability services at a large urban university in the United States. Our goal is to extend the current discourse on inclusion in higher education settings by drawing attention to social and cultural participation as an underemphasized aspect of educational inclusion and by bringing the perspectives of university students themselves into the discourse. While the general consensus among our interviewees seemed to be that schools and universities do a reasonably good job of developing classroom accommodations to meet their individual academic needs, stigma and social exclusion persist in damaging ways, in and outside of the classroom. A number of participants found solace and empowerment in interactions with other students with disabilities and suggested that until the forces of exclusion and stigmatization can be entirely eradicated, disability-friendly social and cultural activities and spaces designed by and for students with disabilities might provide an oasis of relief in a disabling world. Thus, we conclude that in addition to working towards the ultimate goal of making all aspects of university life disability-friendly, universities might better serve needs of current students by providing social spaces in which students with disabilities can socialize with each other and through which they might co-create and promote their own agendas for future institutional change.
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