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ILR Monographs

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    An Introduction to Labor and Employment Law
    Gold, Michael (SUNY OER Services, 2018)
    An Introduction to Labor and Employment Discrimination Law is not an attempt to teach law to undergraduates, but rather to introduce them to legal reasoning. The principal means to this end are cases that present competing arguments (e.g., in majority and dissenting opinions) on major issues. Each case is preceded by the author’s introduction and followed by the author’s comments and questions. Chapter 1 focuses on labor law in the Nineteenth and early Twentieth Centuries, i.e., before the National Labor Relations Act of 1935. Chapter 2 surveys modern labor law under the Labor Act, covering such topics as representation and unfair labor practices. Chapter 3 is a brief introduction to the law of employment discrimination under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Americans With Disabilities Act. The book is accompanied by an appendix that contains a glossary of legal terms plus excerpts from the Constitution and relevant federal statutes.
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    Establishing a New Standard for Inclusion in the Classroom
    Blessing, Carol; Levitz, Barbara; Levitz, Michael (2003-06-01)
    This paper challenges the generally accepted norm that special education is a place in which to put students rather than a process for supporting inclusion into the general education curriculum. The process of determining the Least Restricted Environment (LRE) for a student may actually serve to restrict students who have disabilities from participating in classes alongside their non-disabled peers. The paper offers an alternative model for developing lesson plans that can include students of varied learning abilities and identifies qualities that can and must be present in order to create an inclusive classroom.
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    Integrating Essential Elements of Person-Centered Transition Planning Practices Into the Development of the Individualized Education Program With All Students with Disabilities
    Blessing, Carol (2003-01-01)
    This is the second of two white papers that were developed to look at the potential for integrating a person-centered approach into the design and implementation of transition planning with individuals with disabilities in high school across nine demonstration sites in New York State. While the first paper, Infusing a Person-Centered Approach into Transition Planning for Students with Developmental Disabilities, 2001, looked at the barriers present within and between systems of support, this paper provides a deeper view of the strategies, methods and approaches that proved to be effective in supporting and/or sustaining person-centered practices within the Individualized Education Program (IEP) process. Through an emphasis on the need to utilize post-school outcomes as a basis for transition planning, a real example is provided to highlight the contrast between the use of person-centered practices in the development of an IEP and the use of typical special education programming. A model that overlays person-centered practices into the existing IEP process is suggested along with several suggestions proven effective in leading to seamless transition across the school experience. The paper concludes with a review of the data across the project life (1998-2000) identifying the accomplishments and challenges experienced by project participants, as well as overall recommendations to the field.
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    Setting the Standard for Inclusion in the Classroom
    Blessing, Carol (2003-01-01)
    This paper takes a critical look at disparity between United States legislation that mandates that all students have access to the general curriculum and the proclivity for school systems to use the laws as a justification for segregating students with special needs from the mainstream. The author argues that interpretation of the New York State educational learning standards are defined too narrowly to allow access to the general curriculum for all students and encourages professionals to utilize creative and nontraditional approaches to broadening the interpretation of the standard so that students with and without disabilities are provided a platform for shared learning experiences. A table of examples highlighting potential activities to allow students across diverse learning styles to engage in activities that meet basic curriculum standards is provided. Finally, the author urges a move away from standard-based educational reform toward a model of professional reform to improve the academic and skill-based performance of all students as a means to ensure that there is, indeed, No Child Left Behind.
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    Infusing a Person Centered Approach Into Transition Planning For Students with Developmental Disabilities
    Blessing, Carol (2002-01-01)
    This is the first of two white papers reflective of the work of nine separate demonstration sites interested in integrating person-centered practices into the design and delivery of transition services for high school youth who have developmental disabilities. The reader is provided with an overview of the project and a description of the four universal criteria that each site agreed to adhere to as they designed program approaches that were uniquely tailored to their specific demographics. After a look at the transition policy current to 2001, the paper reveals early project findings regarding the strengths and gaps for person-centered transition planning as culled from project reports. A discussion of where person-centered planning “fits” within the transition process is placed in the context of three primary core components that should be reflected in all transition service programs and a model for infusing person-centered planning is offered. Finally, recommendations for implementing or furthering these practices are introduced along with the contact information for each of the participating demonstration sites.
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    Labor Rights in Haiti
    Compa, Lance (1989-04-01)
    [Excerpt] This study of labor rights in Haiti was conducted on behalf of the International Labor Rights Education and Research Fund by Lance Compa, Washington Representative of the United Electrical, Radio and Machine Workers of America (UE), who is the principal author of this report. It includes findings from a field investigation in Haiti in July 1988, and from interviews and further information supplied by Haitian trade unionists throughout 1988 and early 1989. This report also draws on information developed by a delegation of U.S. unionists and labor educators who visited Haiti July 24-31, 1988, under the sponsorship of the Washington Office on Haiti.
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    Trade’s Hidden Costs: Worker Rights in a Changing World Economy
    Cavanagh, John; Compa, Lance; Ebert, Allan; Goold, Bill; Selvaggio, Kathy; Shorrock, Tim (1988-01-01)
    [Excerpt] For decades, the U.S. foreign assistance program has sought with limited results to further economic development and growth in Third World countries. We have witnessed some countries making real progress toward development through industrialization, only to find more of their people trapped in hunger and poverty. Hopefully, it is apparent that for development to be effective, it must benefit the broadest sectors of the population within any society. Why are worker rights crucial to the development process? The capacity to form unions and to bargain collectively to achieve higher wages and safer working conditions is essential to the overall struggle of working people everywhere to achieve minimally decent living standards and to overcome hunger and poverty. The denial of worker rights, especially in Third World countries, tends to perpetuate poverty, to limit the benefits of economic development and growth to narrow, privileged elites and to sow the seeds of social instability and political rebellion.
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    Skeptics of the Screen: Irish Perceptions of Online Dispute Resolution
    Boehme, Simon James (2015-01-01)
    This paper captures current trends in Online Dispute Resolution (ODR) and its potential use in Ireland by analyzing Irish practitioners’ current attitudes and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption. Data collection came from an online questionnaire sent to practitioners in the field of conflict intervention in Ireland who reported their experiences and perspectives of ODR. One hundred and twenty-four (124) surveys were used in this analysis. These questionnaires produced both quantitative and qualitative data. Approximately 900 people were asked to complete the survey. The author found surveyed participants were skeptical regarding ODR with very few actually using online technologies to aid in resolving disputes. A popular sentiment among participating practitioners felt ODR was not better than face-to-face meetings yet thought it was worth exploring further. Finally, the author found that those who had heard of ODR are more likely to believe they could assist parties in reaching a settlement entirely using video technology.
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    Blueprint for Change: A National Assessment of Winning Union Organizing Strategies
    Bronfenbrenner, Kate; Hickey, Robert (2003-01-01)
    In the last seven years the AFL-CIO has put forth an immense effort to facilitate, support, and encourage organizing initiatives by all affiliates. Although to date progress has been much slower than the leadership of the labor movement had hoped, more recently there have been some signs that those efforts are beginning to bear fruit. A growing number of unions are putting more resources into organizing, recruiting and training more organizers, running more organizing campaigns, winning more elections and voluntary recognitions, and winning them in larger units. Yet, despite all the new initiatives and resources being devoted to organizing and all the talk of "changing to organize," American unions today are at best standing still. Massive employment losses in manufacturing, retail, hospitality, and airline industries have eliminated hundreds of thousands of union jobs, raising the bar even higher for the number of new workers needed to maintain current union density, much less grow. At the same time, the political climate for organizing has become ever more hostile as the threat of terrorism and the fog of war have been used to justify a full scale attack on civil liberties, federal sector unions, immigrant workers, and organizing and collective bargaining rights. Even in this climate, some unions, in some industries, have still managed to make major organizing gains, despite intensive employer opposition. In just the last several years we have witnessed significant victories such as CWA at Cingular Wireless, IFPTE at Boeing, UAW at New York University, PACE at Imerys, SEIU at Catholic Healthcare West, UNITE at Brylane, and HERE in the Las Vegas hotels. Although there was great variation in the industry, workforce, union, and company characteristics in each of these campaigns, still a pattern becomes evident—the unions that are most successful at organizing run fundamentally different campaigns, in both quality and intensity, than those that are less successful. In this paper we focus on these fundamental differences in the nature of winning and losing campaigns which provide us with a blueprint for the kinds of comprehensive organizing strategies that are required to win across a wide range of organizing environments and company and unit characteristics. We also look at the strategic, organizational, and cultural changes the U.S. labor movement must make in order to be able to mount these more comprehensive campaigns and make the gains necessary to significantly increase union density and the political and economic power that goes with it.
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    Unions, Associations and Twenty-First Century Professionals
    Hurd, Richard W.; Lakhani, Tashlin (2008-03-01)
    [Excerpt] Unions that represent professional and technical workers are at a critical juncture in their evolution. On the one hand, there is tremendous opportunity; disproportionate employment growth can be expected for professional and technical occupations in health care, education, science and technology, performing arts, media and communication. On the other hand, there are clear challenges. Professional labor markets and the contemporary workplace are being reconfigured by neoliberal economic policies, technological change, and the spread of contingent employment arrangements. Twenty-first century professional workers will respond positively to unions only if they see organizations that are agile enough to adapt to the workers' own shifting concerns.