首页 > 最新文献

Journal of Individual Employment Rights最新文献

英文 中文
Employee E-Mail: A Protected Right to Privacy 员工电子邮件:受保护的隐私权
Pub Date : 1900-01-01 DOI: 10.2190/E3JA-XKTQ-TX71-QHT1
Brandy L. Scott
{"title":"Employee E-Mail: A Protected Right to Privacy","authors":"Brandy L. Scott","doi":"10.2190/E3JA-XKTQ-TX71-QHT1","DOIUrl":"https://doi.org/10.2190/E3JA-XKTQ-TX71-QHT1","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121529510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
A Kinder, Gentler Workplace for Lesbians and Gay Men 一个对男女同性恋者更友善、更温和的工作场所
Pub Date : 1900-01-01 DOI: 10.2190/MQN6-6GQL-PMR6-PRMH
E. M. Wagner
The 1991 decision by a federal district court in Kansas declaring that the homosexual classification is suspect is supported in this article [1]. The court's decision requires strict scrutiny of the homosexual classification with respect to employment. The treatment of the homosexual classification in other lower courts, and in the Supreme Court, which has declined to address the equal protection rights of homosexuals, is also discussed. Employment protection for lesbians and gay men, which exists in several states, is noted, and the possible impact of the evidence regarding a biological connection to sexual orientation on the individual employment rights is addressed. The article suggests that protection for sexual orientation could be effected with little disruption in the workplace through an amendment of Title VII of the Civil Rights Act, extending the law against sexual harassment, and by apply­ ing the narrowly-defined bona fide occupational qualification. In its quarterly publication, Issues in Human Resources, the Society for Human Resources Management (SHRM) reported in January, 1991 that although dis­ crimination laws have historically sought to protect groups with immutable physical characteristics, "The next wave of civil rights protections could be for what may be termed 'lifestyle disabilities.' " [2, p. 8]. The article included sexual preference under this frontier umbrella. The inference was that homosexuality is not based on an immutable physical characteristic [2]. Psychologists, psychiatrists, and psychobiologists have long puzzled over the cause of homosexuality; there has been less agreement on its cause than on its 1 Some prefer the term sexual orientation because "the word preference suggests a degree of voluntary choice . . . that has not been demonstrated in psychological research" [3, p. 973].
1991年堪萨斯州联邦地区法院宣布同性恋分类是可疑的,这篇文章也支持了这一决定[1]。法院的裁决要求严格审查与就业有关的同性恋分类。本文还讨论了其他下级法院和最高法院对同性恋分类的处理,最高法院拒绝处理同性恋者的平等保护权利。注意到在几个州存在的对男女同性恋者的就业保护,并讨论了关于性取向与生理联系的证据对个人就业权利的可能影响。这篇文章建议,通过修改《民权法案》第七章,扩大反性骚扰的法律,并应用狭义的“真实职业资格”,可以在工作场所不受干扰的情况下实现对性取向的保护。1991年1月,美国人力资源管理学会(SHRM)在其季刊《人力资源问题》(Issues In Human Resources)中报告称,尽管歧视法在历史上一直寻求保护具有不可改变的身体特征的群体,“下一波民权保护可能是针对所谓的‘生活方式残疾’。”’”[2,第8页]。这篇文章将性偏好纳入了这个前沿保护伞之下。由此得出的结论是,同性恋并不是基于一种不可改变的生理特征[2]。长期以来,心理学家、精神病学家和心理生物学家一直对同性恋的成因感到困惑;有些人更喜欢用“性取向”这个词,因为“偏好这个词暗示了某种程度的自愿选择……这在心理学研究中还没有得到证实”[3,第973页]。
{"title":"A Kinder, Gentler Workplace for Lesbians and Gay Men","authors":"E. M. Wagner","doi":"10.2190/MQN6-6GQL-PMR6-PRMH","DOIUrl":"https://doi.org/10.2190/MQN6-6GQL-PMR6-PRMH","url":null,"abstract":"The 1991 decision by a federal district court in Kansas declaring that the homosexual classification is suspect is supported in this article [1]. The court's decision requires strict scrutiny of the homosexual classification with respect to employment. The treatment of the homosexual classification in other lower courts, and in the Supreme Court, which has declined to address the equal protection rights of homosexuals, is also discussed. Employment protection for lesbians and gay men, which exists in several states, is noted, and the possible impact of the evidence regarding a biological connection to sexual orientation on the individual employment rights is addressed. The article suggests that protection for sexual orientation could be effected with little disruption in the workplace through an amendment of Title VII of the Civil Rights Act, extending the law against sexual harassment, and by apply­ ing the narrowly-defined bona fide occupational qualification. In its quarterly publication, Issues in Human Resources, the Society for Human Resources Management (SHRM) reported in January, 1991 that although dis­ crimination laws have historically sought to protect groups with immutable physical characteristics, \"The next wave of civil rights protections could be for what may be termed 'lifestyle disabilities.' \" [2, p. 8]. The article included sexual preference under this frontier umbrella. The inference was that homosexuality is not based on an immutable physical characteristic [2]. Psychologists, psychiatrists, and psychobiologists have long puzzled over the cause of homosexuality; there has been less agreement on its cause than on its 1 Some prefer the term sexual orientation because \"the word preference suggests a degree of voluntary choice . . . that has not been demonstrated in psychological research\" [3, p. 973].","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128811425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sexual Harassment: Winning the War, but Losing the Peace? 性骚扰:打赢了战争,却失去了和平?
Pub Date : 1900-01-01 DOI: 10.2190/ME2C-8GUE-JP1T-R4B0
Suzanne Butler
{"title":"Sexual Harassment: Winning the War, but Losing the Peace?","authors":"Suzanne Butler","doi":"10.2190/ME2C-8GUE-JP1T-R4B0","DOIUrl":"https://doi.org/10.2190/ME2C-8GUE-JP1T-R4B0","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129828069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Occupational Therapy Clinicians' Attitudes Toward Collective Bargaining in New South Wales, Australia 澳大利亚新南威尔士州职业治疗临床医生对集体谈判的态度
Pub Date : 1900-01-01 DOI: 10.2190/BE05-EGB8-EUCW-EXQ6
S. Griffin
This article presents the results of an investigation of the attitudes of New South Wales occupational therapy clinicians toward collective bargaining for themselves and occupational therapy academics. Data were collected using a mailed survey instrument that included scales measuring attitudes toward collective bargaining and collecting demographic data. New South Wales clinicians are supportive of collective bargaining in general for both them­ selves and academic occupational therapists. They are, however, not sup­ portive of strike action for themselves even over serious professional issues. Level of education was found to correlate with scores on the clinical collec­ tive bargaining subscale. The decrease in health care dollars in the Australian public health sector is having, and will continue to have, a marked impact on the delivery of occupational therapy (OT) services [1]. Occupational therapy authors have called on the profes­ sion to become more politically active within the health care sector to maximize their influence over decision makers and secure the position of the profession within the public sector [2, 3]. The restructuring of the public health care system in the state of New South Wales has resulted in various levels of representation across sections of the system. The level of representation achieved has depended on the extent to which occupational therapists, in conjunction with other allied health professionals, have been able to push for management structures within their areas to ensure they are •This research was supported by a grant from the Occupational Therapists' Vocational Branch of the NSW Public Service Association.
本文介绍了新南威尔士州职业治疗临床医生对集体谈判为自己和职业治疗学者的态度的调查结果。数据是通过邮寄调查工具收集的,包括测量对集体谈判态度的量表和收集人口统计数据。总的来说,新南威尔士州的临床医生对他们自己和学术职业治疗师都支持集体谈判。然而,即使是在严重的专业问题上,他们也不支持罢工行动。受教育程度与临床集体谈判量表的得分有关。澳大利亚公共卫生部门保健费用的减少正在并将继续对职业治疗服务的提供产生显著影响。职业治疗的作者呼吁该职业在医疗保健部门中变得更加政治活跃,以最大限度地发挥他们对决策者的影响,并确保该职业在公共部门中的地位[2,3]。新南威尔士州公共卫生保健系统的重组导致了该系统各部门不同程度的代表性。所取得的代表性水平取决于职业治疗师与其他专职卫生专业人员在多大程度上能够推动其领域内的管理结构,以确保他们是。•本研究得到了新南威尔士州公共服务协会职业治疗师职业分会的资助。
{"title":"Occupational Therapy Clinicians' Attitudes Toward Collective Bargaining in New South Wales, Australia","authors":"S. Griffin","doi":"10.2190/BE05-EGB8-EUCW-EXQ6","DOIUrl":"https://doi.org/10.2190/BE05-EGB8-EUCW-EXQ6","url":null,"abstract":"This article presents the results of an investigation of the attitudes of New South Wales occupational therapy clinicians toward collective bargaining for themselves and occupational therapy academics. Data were collected using a mailed survey instrument that included scales measuring attitudes toward collective bargaining and collecting demographic data. New South Wales clinicians are supportive of collective bargaining in general for both them­ selves and academic occupational therapists. They are, however, not sup­ portive of strike action for themselves even over serious professional issues. Level of education was found to correlate with scores on the clinical collec­ tive bargaining subscale. The decrease in health care dollars in the Australian public health sector is having, and will continue to have, a marked impact on the delivery of occupational therapy (OT) services [1]. Occupational therapy authors have called on the profes­ sion to become more politically active within the health care sector to maximize their influence over decision makers and secure the position of the profession within the public sector [2, 3]. The restructuring of the public health care system in the state of New South Wales has resulted in various levels of representation across sections of the system. The level of representation achieved has depended on the extent to which occupational therapists, in conjunction with other allied health professionals, have been able to push for management structures within their areas to ensure they are •This research was supported by a grant from the Occupational Therapists' Vocational Branch of the NSW Public Service Association.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130288295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Elements of Industrial Democracy 工业民主的要素
Pub Date : 1900-01-01 DOI: 10.2190/27R7-P69K-EN6U-3URG
P. Staudohar
This article examines the concept of industrial democracy as it applies to individual rights in the workplace. Although emphasis is placed on the development of rights, it is necessary to develop also the notion of job duties and obligations. Just as a citizen under a politically democratic system is expected to fulfill certain duties, so is an employee expected to perform at a reasonable level of competence. The difficulty of reconciling fairness with efficiency is recognized in the article. Participative management, a modern example of industrial democracy, is discussed as having potential for creating a more egalitarian workplace while at the same time increasing work output and quality. Beginning a new journal is an exciting venture, especially when its area of coverage is so important to working people. The editors should be applauded for their conception of the Journal of Individual Employment Rights and for carefully planning this inaugural issue. It will be interesting to see the Journal evolve. My sense is that it will become an increasingly valuable resource to both scholars and practitioners. It seems likely that in the years ahead new topics will be explored which we have little if any notion of today. Such is the dynamic nature of laws and institutional arrangements affecting the employment field. In considering topics that might be addressed in this and future issues of the Journal, I tried to envision the ballpark of individual employment rights. What are the areas about which authors might be concerned? How can contrasting views of appropriate policies be reconciled? Who stands to gain and lose as a result of the application of rights? The following remarks are brief but hopefully stimulative of thought about the philosophical and research directions that authors might pursue.
本文探讨了工业民主的概念,因为它适用于工作场所的个人权利。虽然强调权利的发展,但也有必要发展工作职责和义务的概念。正如政治民主制度下的公民被期望履行一定的职责一样,雇员也被期望在合理的能力水平上工作。这篇文章认识到协调公平与效率的困难。参与式管理是现代工业民主的一个例子,它被认为有可能创造一个更加平等的工作场所,同时提高工作产出和质量。创办一份新杂志是一项令人兴奋的冒险,尤其是当它的报道领域对劳动人民如此重要时。编辑们应该为他们对《个人就业权利杂志》的构想和精心策划这一期创刊号而鼓掌。看到《华尔街日报》的发展将是一件有趣的事情。我的感觉是,它将成为学者和实践者越来越有价值的资源。在未来的几年里,我们可能会探索一些我们今天几乎没有概念的新主题。这就是影响就业领域的法律和体制安排的动态性质。在考虑本期和未来几期《华尔街日报》可能讨论的话题时,我试图设想个人就业权的大致范围。作者可能关心的领域是什么?如何协调对适当政策的不同看法?谁会因行使权利而得失?下面的评论是简短的,但希望能激发人们对作者可能追求的哲学和研究方向的思考。
{"title":"The Elements of Industrial Democracy","authors":"P. Staudohar","doi":"10.2190/27R7-P69K-EN6U-3URG","DOIUrl":"https://doi.org/10.2190/27R7-P69K-EN6U-3URG","url":null,"abstract":"This article examines the concept of industrial democracy as it applies to individual rights in the workplace. Although emphasis is placed on the development of rights, it is necessary to develop also the notion of job duties and obligations. Just as a citizen under a politically democratic system is expected to fulfill certain duties, so is an employee expected to perform at a reasonable level of competence. The difficulty of reconciling fairness with efficiency is recognized in the article. Participative management, a modern example of industrial democracy, is discussed as having potential for creating a more egalitarian workplace while at the same time increasing work output and quality. Beginning a new journal is an exciting venture, especially when its area of coverage is so important to working people. The editors should be applauded for their conception of the Journal of Individual Employment Rights and for carefully planning this inaugural issue. It will be interesting to see the Journal evolve. My sense is that it will become an increasingly valuable resource to both scholars and practitioners. It seems likely that in the years ahead new topics will be explored which we have little if any notion of today. Such is the dynamic nature of laws and institutional arrangements affecting the employment field. In considering topics that might be addressed in this and future issues of the Journal, I tried to envision the ballpark of individual employment rights. What are the areas about which authors might be concerned? How can contrasting views of appropriate policies be reconciled? Who stands to gain and lose as a result of the application of rights? The following remarks are brief but hopefully stimulative of thought about the philosophical and research directions that authors might pursue.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126446890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Above and Beyond the Call of Duty: Enhanced Tax Obligations of the Public Employee 超越职责的召唤:加强公务员的纳税义务
Pub Date : 1900-01-01 DOI: 10.2190/GQJK-5P4M-QRPW-5Y3X
Kenneth H. Ryesky
Like other members of the public, those employed by the federal and state governments have personal tax filing and payment obligations. Government agencies seem to hold public employees and officers to enhanced standards in the discharge of their personal tax obligations. The degree and extent to which the tax obligations are so enhanced is dependent on several factors, including the government agency to which the employee reports, the employee's duties, the employee's rank within the agency, and other circumstances relevant to the employee in question. Tax collection agencies such as the Internal Revenue Service generally impose the most stringent tax compliance stand­ ards on their employees. The enhanced tax obligations must be viewed in light of the employees' personal rights. As the tax law grows increasingly complex, the tax obligations of public employees can be expected to be called to question with increasing frequency, raising concerns for public employer and employee alike. The Internal Revenue Code (IRC) clearly and unequivocally requires individuals whose income exceeds a relatively low threshold to file their federal income tax returns in a timely manner [1, 2]. Failure to do so can lead to significant conse­ quences, both civil [3] and criminal [e.g., 4-5]. Most states have analogous requirements [e.g., 6-8]. The American system of income taxation is based on self-assessment in the initial filing of the return and calculation of the tax [9]. Such a system can operate only through the enforcement of "strict filing standards" [10]. Truthfulness on the part of the taxpayer is most imperative [11-13].
与其他公众成员一样,那些受雇于联邦和州政府的人也有个人纳税申报和纳税义务。政府机关似乎要求公务员和官员在履行个人纳税义务方面提高标准。纳税义务增加的程度和程度取决于几个因素,包括雇员向其报告的政府机构、雇员的职责、雇员在该机构中的级别以及与该雇员有关的其他情况。像美国国税局(Internal Revenue Service)这样的税收征收机构通常对其雇员实行最严格的税务合规标准。加强纳税义务必须从雇员个人权利的角度来看待。随着税法的日益复杂,公务员的纳税义务可能会受到越来越多的质疑,这引起了公共雇主和雇员的担忧。《国内税收法》(IRC)明确明确地要求收入超过相对较低门槛的个人及时提交联邦所得税申报表[1,2]。如果不这样做,可能会导致严重的后果,包括民事后果和刑事后果[例4-5]。大多数州都有类似的要求[例如,6-8]。美国的所得税制度是建立在初次申报和计算所得税时的自我评估基础上的。这样的制度只有通过执行“严格的备案标准”才能运作。纳税人的诚实是最重要的[11-13]。
{"title":"Above and Beyond the Call of Duty: Enhanced Tax Obligations of the Public Employee","authors":"Kenneth H. Ryesky","doi":"10.2190/GQJK-5P4M-QRPW-5Y3X","DOIUrl":"https://doi.org/10.2190/GQJK-5P4M-QRPW-5Y3X","url":null,"abstract":"Like other members of the public, those employed by the federal and state governments have personal tax filing and payment obligations. Government agencies seem to hold public employees and officers to enhanced standards in the discharge of their personal tax obligations. The degree and extent to which the tax obligations are so enhanced is dependent on several factors, including the government agency to which the employee reports, the employee's duties, the employee's rank within the agency, and other circumstances relevant to the employee in question. Tax collection agencies such as the Internal Revenue Service generally impose the most stringent tax compliance stand­ ards on their employees. The enhanced tax obligations must be viewed in light of the employees' personal rights. As the tax law grows increasingly complex, the tax obligations of public employees can be expected to be called to question with increasing frequency, raising concerns for public employer and employee alike. The Internal Revenue Code (IRC) clearly and unequivocally requires individuals whose income exceeds a relatively low threshold to file their federal income tax returns in a timely manner [1, 2]. Failure to do so can lead to significant conse­ quences, both civil [3] and criminal [e.g., 4-5]. Most states have analogous requirements [e.g., 6-8]. The American system of income taxation is based on self-assessment in the initial filing of the return and calculation of the tax [9]. Such a system can operate only through the enforcement of \"strict filing standards\" [10]. Truthfulness on the part of the taxpayer is most imperative [11-13].","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126268825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Emerging Issues in Title vii and Employment Appearance Codes 第七章和就业外观法规中出现的问题
Pub Date : 1900-01-01 DOI: 10.2190/D3XU-6LBE-43HR-KRKJ
C. F. Cohen, A. Balfour
ABSTRACT Although employers have considerable rights to regulate employee appear­ ance, their policies must comply with Title VII. Emerging fashion trends in tattoos, hairstyles, and body piercing present potential challenges to such codes. An analysis of Title VII challenges to employer dress codes is presented. Differences between the application of Title VII to appearance codes and other equal employment issues are noted. The effect of current law on emerging issues is discussed and recommendations for legal compliance are made.
虽然雇主有相当大的权利来规范员工的出勤,但他们的政策必须符合第七章的规定。纹身、发型和身体穿孔等新兴时尚趋势对这些规范提出了潜在的挑战。对第七章对雇主着装规范的挑战进行了分析。注意到第七章对外表规范的适用与其他平等就业问题之间的差异。讨论了现行法律对新出现问题的影响,并提出了遵守法律的建议。
{"title":"Emerging Issues in Title vii and Employment Appearance Codes","authors":"C. F. Cohen, A. Balfour","doi":"10.2190/D3XU-6LBE-43HR-KRKJ","DOIUrl":"https://doi.org/10.2190/D3XU-6LBE-43HR-KRKJ","url":null,"abstract":"ABSTRACT Although employers have considerable rights to regulate employee appear­ ance, their policies must comply with Title VII. Emerging fashion trends in tattoos, hairstyles, and body piercing present potential challenges to such codes. An analysis of Title VII challenges to employer dress codes is presented. Differences between the application of Title VII to appearance codes and other equal employment issues are noted. The effect of current law on emerging issues is discussed and recommendations for legal compliance are made.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126456519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Third-Party Representation for Nonunion Employees—A Question of Privacy or Just Equal Treatment in the Workplace 非工会雇员的第三方代表——工作场所隐私或公平待遇的问题
Pub Date : 1900-01-01 DOI: 10.2190/B853-5671-UMGK-6YA3
Michael Aiello
The nonunion employee has a right to protect his/her privacy interests and employment status during investigatory and disciplinary interviews. In the nonunion workplace, the lack of collective bargaining and employee organi­ zation give rise to serious concerns about employee protection. The nonunion employee is often forced to confront and overcome the significant power imbalance inherent in the employer-employee relationship. This imbalance is more evident and threatening in the nonunion workplace where employers are not challenged by a union shop steward and have no reason to suspect an organized response by disgruntled employees. The nonunion employee must be allowed to employ the assistance of her coworker during exchanges with her employer. While the assistance of the coworker is not a substitute for a union representative or union organization, it would serve to increase equality and diminish the power imbalance. The presence of a coworker, known as the right to third-party representation, is available to union employees, however, nonunion employees are not able to seek the protection of third-party repre­ sentation. The right to third-party representation must be made available to all employees—union and nonunion employees. The National Labor Relations Board has deprived nonunion employees of the opportunity, the right, to engage in concerted activity for mutual aid and protection. This right is afforded all employees under section seven of the National Labor Relations Act. The board and the courts initially held that this right did extend to nonunion, as well as, union employees. In 1988, however, the board reversed its position by ignoring the mandates of section seven and the needs of nonunion employees. The board relied on speculation in distinguishing the needs and necessarily the rights of union and nonunion employees. The policy supporting the right to third-party representation in the union workplace is met, if not overcome, in the nonunion workplace. The right to representation at investigatory interviews is a form of fundamental concerted activity for © 1994, Baywood Publishing Co., Inc. 113 doi: 10.2190/B853-5671-UMGK-6YA3 http://baywood.com
在调查和纪律面谈期间,非工会雇员有权保护他/她的隐私利益和就业状况。在无工会的工作场所,缺乏集体谈判和员工组织引起了对员工保护的严重关注。非工会雇员经常被迫面对和克服雇主-雇员关系中固有的重大权力不平衡。这种不平衡在非工会的工作场所更为明显和具有威胁性,因为雇主没有受到工会车间管理人员的挑战,也没有理由怀疑心怀不满的员工会有组织的回应。非工会雇员必须被允许在与雇主交流时雇用同事的协助。虽然同事的协助不能代替工会代表或工会组织,但它有助于增加平等,减少权力不平衡。同事在场,被称为第三方代表权,工会员工可以使用,但是,非工会员工不能寻求第三方代表权的保护。第三方代表的权利必须提供给所有员工——工会和非工会员工。国家劳工关系委员会剥夺了非工会雇员为互助和保护而参与协调一致活动的机会和权利。根据《国家劳动关系法》第7条,所有雇员都享有这项权利。董事会和法院最初认为,这项权利确实延伸到非工会和工会雇员。然而,在1988年,董事会改变了立场,无视第七章的规定和非工会雇员的需要。董事会依靠猜测来区分工会和非工会雇员的需求和必要的权利。支持在工会工作场所有第三方代表权利的政策在非工会工作场所得到了满足(如果不是克服的话)。调查访谈中的代表权是©1994,Baywood Publishing Co., Inc. 113 doi: 10.2190/B853-5671-UMGK-6YA3 http://baywood.com的一种基本协调活动形式
{"title":"Third-Party Representation for Nonunion Employees—A Question of Privacy or Just Equal Treatment in the Workplace","authors":"Michael Aiello","doi":"10.2190/B853-5671-UMGK-6YA3","DOIUrl":"https://doi.org/10.2190/B853-5671-UMGK-6YA3","url":null,"abstract":"The nonunion employee has a right to protect his/her privacy interests and employment status during investigatory and disciplinary interviews. In the nonunion workplace, the lack of collective bargaining and employee organi­ zation give rise to serious concerns about employee protection. The nonunion employee is often forced to confront and overcome the significant power imbalance inherent in the employer-employee relationship. This imbalance is more evident and threatening in the nonunion workplace where employers are not challenged by a union shop steward and have no reason to suspect an organized response by disgruntled employees. The nonunion employee must be allowed to employ the assistance of her coworker during exchanges with her employer. While the assistance of the coworker is not a substitute for a union representative or union organization, it would serve to increase equality and diminish the power imbalance. The presence of a coworker, known as the right to third-party representation, is available to union employees, however, nonunion employees are not able to seek the protection of third-party repre­ sentation. The right to third-party representation must be made available to all employees—union and nonunion employees. The National Labor Relations Board has deprived nonunion employees of the opportunity, the right, to engage in concerted activity for mutual aid and protection. This right is afforded all employees under section seven of the National Labor Relations Act. The board and the courts initially held that this right did extend to nonunion, as well as, union employees. In 1988, however, the board reversed its position by ignoring the mandates of section seven and the needs of nonunion employees. The board relied on speculation in distinguishing the needs and necessarily the rights of union and nonunion employees. The policy supporting the right to third-party representation in the union workplace is met, if not overcome, in the nonunion workplace. The right to representation at investigatory interviews is a form of fundamental concerted activity for © 1994, Baywood Publishing Co., Inc. 113 doi: 10.2190/B853-5671-UMGK-6YA3 http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116893463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Tenure and Promotion Policies in Colleges and Universities: Confidentiality and Defamation in Peer Reviews 高校的任期与晋升政策:同行评议中的保密与诽谤
Pub Date : 1900-01-01 DOI: 10.2190/7256-VEWK-YHY1-EMXQ
C. Koen, W. P. Galle
{"title":"Tenure and Promotion Policies in Colleges and Universities: Confidentiality and Defamation in Peer Reviews","authors":"C. Koen, W. P. Galle","doi":"10.2190/7256-VEWK-YHY1-EMXQ","DOIUrl":"https://doi.org/10.2190/7256-VEWK-YHY1-EMXQ","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116081884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Economic Inequality and the Choice of Self-Employment among Americans of Lebanese, Palestinian, and Syrian Ethnic Descent 黎巴嫩、巴勒斯坦和叙利亚裔美国人的经济不平等和自主创业的选择
Pub Date : 1900-01-01 DOI: 10.2190/RXG0-YEK7-UW5N-NLJX
J. Wright
Self-employment dependency varies drastically between national origin groups living in the United States. Prejudicial feelings against some nations of origin make it more difficult for some immigrants or ethnics to bypass employment hierarchies that force them out of the traditional occupational structure; religion can also form strong barriers to employment. The result is that groups who face high levels of discrimination choose to form their own businesses at inordinately high rates. It is also true that within ethnic economic enclaves socially unpopular subgroups are placed at an economic disadvantage. This situation makes the rate of self-employment a key indi­ cator of ethnic economic discrimination. This article investigates the role of social distance in promoting self-employment among Americans with Lebanese, Palestinian, and Syrian ethnicity or national backgrounds. Borjas and others argued that immigration is a self-selecting process wherein motivated people relocate and excel via self-employment in the host country [1]. This cycle makes "the context of the migration decision itself is important for understanding labor-market outcomes for immigrants, [. . . including] edu­ cation, . . . national origin, . . . time of migration [2, p. 987] and indicates that *This article is a revised version of a lecture delivered to the Mellon Foundation post-graduate seminar on racial and ethnic economic inequality at the University of North Carolina at Chapel Hill. The author would like to thank William J. Darity, and Dr. Gary S. Becker for his notes on this research.
居住在美国的不同国籍群体对自营职业的依赖程度差别很大。对某些原籍国的偏见使一些移民或族裔更难以绕过迫使他们脱离传统职业结构的就业等级制度;宗教也会对就业构成强大的障碍。其结果是,面临严重歧视的群体选择以高得离谱的比率创办自己的企业。在少数民族经济飞地内,社会上不受欢迎的子群体在经济上处于不利地位,这也是事实。这种情况使个体就业率成为民族经济歧视的一个重要指标。本文调查了社会距离在黎巴嫩、巴勒斯坦和叙利亚种族或民族背景的美国人中促进自营职业的作用。Borjas等人认为,移民是一个自我选择的过程,在这个过程中,有动力的人通过在东道国自主创业而重新安置并脱颖而出[1]。这种循环使得“移民决策本身的背景对于理解移民的劳动力市场结果很重要,[…]包括]教育,…国籍,……这篇文章是在北卡罗来纳大学教堂山分校梅隆基金会研究生研讨会上发表的一篇关于种族和民族经济不平等的演讲的修订版。作者要感谢William J. Darity和Gary S. Becker博士对这项研究的注释。
{"title":"Economic Inequality and the Choice of Self-Employment among Americans of Lebanese, Palestinian, and Syrian Ethnic Descent","authors":"J. Wright","doi":"10.2190/RXG0-YEK7-UW5N-NLJX","DOIUrl":"https://doi.org/10.2190/RXG0-YEK7-UW5N-NLJX","url":null,"abstract":"Self-employment dependency varies drastically between national origin groups living in the United States. Prejudicial feelings against some nations of origin make it more difficult for some immigrants or ethnics to bypass employment hierarchies that force them out of the traditional occupational structure; religion can also form strong barriers to employment. The result is that groups who face high levels of discrimination choose to form their own businesses at inordinately high rates. It is also true that within ethnic economic enclaves socially unpopular subgroups are placed at an economic disadvantage. This situation makes the rate of self-employment a key indi­ cator of ethnic economic discrimination. This article investigates the role of social distance in promoting self-employment among Americans with Lebanese, Palestinian, and Syrian ethnicity or national backgrounds. Borjas and others argued that immigration is a self-selecting process wherein motivated people relocate and excel via self-employment in the host country [1]. This cycle makes \"the context of the migration decision itself is important for understanding labor-market outcomes for immigrants, [. . . including] edu­ cation, . . . national origin, . . . time of migration [2, p. 987] and indicates that *This article is a revised version of a lecture delivered to the Mellon Foundation post-graduate seminar on racial and ethnic economic inequality at the University of North Carolina at Chapel Hill. The author would like to thank William J. Darity, and Dr. Gary S. Becker for his notes on this research.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116245264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
期刊
Journal of Individual Employment Rights
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1