Martin H. Malin

Public Sector Employment: Cases and Materials (with A. Hodges & J. Slater)

Martin H. Malin — Fri, 10 Sep 2010 15:00:59 PDT

The Canadian Auto Workers--Magna International 'Framework for Fairness' Agreement: A U.S. Perspective (symposium)

Martin H. Malin — Thu, 19 Nov 2009 14:01:02 PST

The Evolving Schizophrenic Nature of Labor Arbitration

Martin H. Malin — Thu, 19 Nov 2009 13:58:37 PST

The Paradox of Public Sector Labor Law

Martin H. Malin — Wed, 15 Apr 2009 10:53:08 PDT

Revisiting the Meltzer-Howlett Debate on External Law in Labor Arbitration: Is It Time for Courts to Declare Howlett the Winner?

Martin H. Malin — Fri, 23 May 2008 14:59:03 PDT

Political Ideology and Labor Arbitrators' Decision-Making in Work-Family Conflict Cases (with M. Biernat)

Martin H. Malin — Fri, 23 May 2008 14:55:07 PDT

Legal Environment of Business (with J. Blackburn & E. Klayman)

Martin H. Malin — Thu, 20 Mar 2008 13:00:15 PDT

Legal Environment of Business (with J. Blackburn & E. Klayman)

Martin H. Malin — Thu, 20 Mar 2008 12:56:54 PDT

Legal Environment of Business (with J. Blackburn & E. Klayman).

Martin H. Malin — Thu, 20 Mar 2008 12:54:13 PDT

Legal Environment of Business (with J. Blackburn & E. Klayman)

Martin H. Malin — Thu, 20 Mar 2008 12:52:05 PDT

Do Cognitive Biases Affect Adjudication?: A Study of Labor Arbitrators (with Monica Biernat)

Martin H. Malin et al. — Mon, 17 Mar 2008 14:35:12 PDT

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.

Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship? (with C. Kerchner)

Martin H. Malin — Fri, 02 Nov 2007 15:06:43 PDT

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible. In contrast to traditional public schools whose labor relations are based on the traditional industrial labor relations model, charter schools are envisioned as high performance workplaces in which teachers gain enhanced psychological purchase as a result of sharing in the risks of the enterprise. We look to traditional public schools and find exceptions where teachers and their unions have become agents of change and risk takers. We ask why these exceptional cases have not spread more broadly and find the answer in public sector labor law doctrine which has channeled teacher unions away from risk sharing and toward insulating their members from the risks of the enterprise. We then consider the labor law governing charter schools. We discuss whether charter schools are governed by the National Labor Relations Act or state law and survey the different approaches that have developed under state law. We conclude that all of these approaches are based on the industrial relations model which is incompatible with the high performance workplaces envisioned for charter schools. We propose to free charter schools and their teachers from traditional labor law doctrine and propose a new approach to teacher voice that, in keeping with the vision of charter schools as shaking up the status quo by injecting competition, will lead to competition and innovation in teacher involvement in the regulation of their workplaces.

Title IV of the Labor Management Reporting and Disclosure Act - Should Intervening Plaintiffs be Permitted to Recover Attorney's Fees?

Martin H. Malin — Thu, 21 Jun 2007 12:39:29 PDT

Due Process in Employment Arbitration: The State of the Law and the Need for Self-Regulation

Martin H. Malin — Fri, 27 Apr 2007 15:01:33 PDT

The Need for Alternative Methods of Resolving Federal Sector EEO Complaints, Proceedings, 17th International Meeting, Society of Professionals in Dispute Resolution

Martin H. Malin — Wed, 28 Feb 2007 11:53:37 PST

Arbitrating Union Security Fee Disputes, in Dispute Resolution: An Open Forum, 1986 Proceedings Fourteenth International Conference of SPIDR 118

Martin H. Malin — Wed, 28 Feb 2007 11:52:24 PST

Conflicts Arising Out of Workforce Diversity, Proceedings 46th annual Meeting, National Academy of Arbitrators 104 (with L. Stallworth)

Martin H. Malin — Wed, 28 Feb 2007 11:52:00 PST

Legal Developments in Employment Arbitration, in Proceedings 23d Meeting, Society of Professionals in Dispute Resolution

Martin H. Malin — Wed, 28 Feb 2007 11:51:43 PST

An Empirical Examination of Factors Affecting Outcomes in Discipline Arbitrations Where Work and Family Responsibilities Conflict: A Preliminary Report, in Arbitration 2005: The Evolving World of Work, Proceedings 58th annual Meeting, National Academy of Arbitrators 132 eds., 2006) (with M. Biernat).

Martin H. Malin — Wed, 28 Feb 2007 11:50:51 PST

Other Federal Laws Covering Age Discrimination in Employment (with Howard Eglit)

Martin H. Malin — Wed, 28 Feb 2007 11:49:10 PST