Copyright (c) 2008 All rights reserved. http://works.bepress.com/martin_malin Recent documents in Martin H Malin en-us Sun, 30 Nov 2008 22:20:59 PST 3600 http://works.bepress.com/martin_malin/66 http://works.bepress.com/martin_malin/66 Fri, 23 May 2008 14:59:03 PDT Martin H. Malin Labor Law http://works.bepress.com/martin_malin/65 http://works.bepress.com/martin_malin/65 Fri, 23 May 2008 14:55:07 PDT Martin H. Malin Labor Law http://works.bepress.com/martin_malin/64 http://works.bepress.com/martin_malin/64 Thu, 20 Mar 2008 13:00:15 PDT Martin H. Malin http://works.bepress.com/martin_malin/63 http://works.bepress.com/martin_malin/63 Thu, 20 Mar 2008 12:56:54 PDT Martin H. Malin http://works.bepress.com/martin_malin/62 http://works.bepress.com/martin_malin/62 Thu, 20 Mar 2008 12:54:13 PDT Martin H. Malin http://works.bepress.com/martin_malin/61 http://works.bepress.com/martin_malin/61 Thu, 20 Mar 2008 12:52:05 PDT Martin H. Malin http://works.bepress.com/martin_malin/60 http://works.bepress.com/martin_malin/60 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. Martin H. Malin Employment Practice Labor Law Law and Society Dispute Resolution Women Practice and Procedure Public Law and Legal Theory Judges Courts Civil Rights http://works.bepress.com/martin_malin/59 http://works.bepress.com/martin_malin/59 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. Martin H. Malin http://works.bepress.com/martin_malin/58 http://works.bepress.com/martin_malin/58 Thu, 21 Jun 2007 12:39:29 PDT Martin H. Malin http://works.bepress.com/martin_malin/57 http://works.bepress.com/martin_malin/57 Fri, 27 Apr 2007 15:01:33 PDT Martin H. Malin Employment Practice