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This paper returns to the question of Who is an employee? The National Labor Relations Act was intended to alter the balance of power, and a key tool was its expansive definition of employee and its support for labor disputes. Under the NLRA labor disputes were not disloyalty. Rather, they were the indispensable means for creating proper balance in the workplace and ensuring a properly functioning society. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Privatization is often discussed as a matter of costs. However, most costs are never included in that discussion. This paper uses the privatization of the IRS mailroom as a way to identify and track costs. It finds that most of the most expensive costs are never included in decisions to privatize and in the analysis of the wisdom of privatization. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper argues that within the NLRA's statement of employee rights is a vision of values that have the power to transform our society. This paper maps out a campaign that can be waged to transform our society into one built on these NLRA values of industrial and social democracy, solidarity, social and economic justice, fair wages and working conditions, equality, and industrial and social peace. These values have the potential to reinvigorate the labor movement and save the soul of this country. Indeed, unless we transform the values of our wider society unions, collective action, and solidarity cannot survive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper builds on the ideas described in Ellen Dannin, Taking Back the Workers' Law - How to Fight the Assault on Labor Rights (Cornell University Press 2006). The book calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930's to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of social activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. The paper contends that only by promoting these core purposes of the NLRA can unions survive - and even thrive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper explores the power of the values set out in the National Labor Relations Act to promote workplace values of solidarity, democracy, bargaining power, and workplace and social justice ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

This paper examines data on the impact of various impasse laws on collective bargaining. The range of impasse laws include whether an employer can implement its final offer on reaching an impasse; whether the employer can hire permanent replacements for strikers; whether the employer can temporary replacements for strikers; and a combination of these. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

The NLRA was enacted to change the legal system that governed the workplace from a dictator game to an ultimatum game. Judicial intepretations have effectively rewritten the NLRA to return it to a dictator game in which the employer has the ability to dictate workplace terms. This paper presents a strategy for using litigation to "amend" the NLRA and return it to its original purpose. [ABSTRACT FROM AUTHOR]

The debate around privatization centers on two visions of government's relations with its citizens. One is that government generates wasteful and costly regulations that are better replaced by market mechanisms to promote oversight and accountability. The other vision asks: If the regulations are FOIA, Open Meetings Acts, the Administrative Procedure Act, due process, and equal protection, is it desirable to replace them by market values, assuming this is possible. This paper explores privatization in the context of power relations between the parties - government and the public - and the sorts of information flows we need to understand whether public functions are carried out in humane and effective ways consonant with democracy. [ABSTRACT FROM AUTHOR]