William A. Herbert is the Deputy Chair of New York State Public Employment Relations Board (PERB). The opinions expressed in the articles and papers posted are Mr. Herbert’s personal views and do not reflect the views of PERB or the State of New York. The selected articles and papers are reflective of Mr. Herbert's research, writing and presentations over the past two decades on various labor and employment law issues including: public sector labor and employment law; the nature and impact of new technologies in the workplace; workplace privacy; employment discrimination and retaliation; the applicability of the First and Fourth Amendments to the public sector workplace; and constitutional and statutory protections for whistleblowing. A complete list of his writings are set forth in a list of publications. Mr. Herbert's current research focuses on the intersection of law, literature and New York history as it relates to a mid-19th century short story by Herman Melville.
Articles
Certification Without An Election: The New York Experience, New York University School of Law, 62nd Annual Conference on Labor (2009)
The attached conference paper was originally presented at the NYU Conference on Labor in June,...
Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watching, University of Florida Journal of Law and Public Policy (2008)
Legal and public policy ideas and concepts are known to traverse national borders. The rapidity...
The Impact of Emerging Technologies in the Workplace: Who's Watching the Man (Who's Watching Me)?, Hofstra Labor and Employment Law Journal (2008)
The Electronic Workplace: To Live Outside the Law You Must Be Honest, Employee Rights and Employment Policy Journal (2008)
No Direction Home: Will the Law Keep Pace With Human Tracking Technology to Protect Individual Privacy and Stop Geoslavery, I/S: A Journal of Law and Policy for the Information Sociey (2006)
Unpublished Papers
The Development and Administration of Non-Electoral Labor Certifications in New York, ExpressO (2009)
During the debate over the proposal in the Employee Free Choice Act to modify United...