Arbitration of Discipline in the Public Sector: Case Characteristics and Party Behaviors Predicting Case Outcomes
In: Journal of collective negotiations, Band 31, Heft 3, S. 199-214
ISSN: 0047-2301
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In: Journal of collective negotiations, Band 31, Heft 3, S. 199-214
ISSN: 0047-2301
In: LaVan, H. 2007. Public sector employee discipline: Comparing police to other public sector employees. Employee Responsibilities and Rights Journal, 19(1): 17.
SSRN
Working paper
In: Journal of collective negotiations, Band 31, Heft 3, S. 199-214
ISSN: 2167-7824
In: Journal of collective negotiations, Band 31, Heft 3, S. 199-214
ISSN: 0047-2301
In: Journal of collective negotiations in the public sector, Band 22, Heft 1, S. 1-1
ISSN: 1541-4175
In: Journal of collective negotiations in the public sector, Band 22, Heft 1, S. 45-53
ISSN: 0047-2301
In: Journal of collective negotiations in the public sector, Band 19, Heft 2, S. 1-1
ISSN: 1541-4175
In: Public personnel management, Band 13, Heft 2, S. 101-108
ISSN: 1945-7421
In: Public personnel management, Band 13, Heft 2, S. 101
ISSN: 0091-0260
In: Employment relations today, Band 10, Heft 4, S. 414-424
ISSN: 1520-6459
In: Employee relations, Band 45, Heft 2, S. 328-344
ISSN: 1758-7069
PurposeHow older workers pursue their employment discrimination claims is the focus of this study. This is part of the broader question of how older, unionized employees pursuing their statutory rights fare in litigation and how unions might organize and subsequently better protect older workers who have been discriminated against.Design/methodology/approachThis study is a random sample of 1889 litigated age discrimination cases in Federal courts using NVivo to conduct a content analysis on unionization, individual, organizational and legal variables.FindingsAn analysis of case characteristics and outcomes in cases filed under the Age Discrimination in Employment Act indicated that older unionized workers pursuing their claims are more likely to have rulings in their favor. Other demographic characteristics of the cases in which unionized workers prevailed include seniority, disability, filing under Title VII and cases involving retaliation.Research limitations/implicationsImportantly, empirical legal scholarship, using the case as the unit of analysis, will significantly add to the understanding of how age discrimination might be reduced through litigation. Empirical legal scholarship strategies would also suggest identifying labor tribunal or arbitration cases. Using content analysis would allow for a deep understanding at the micro level of the context that led to the charges of age (or other types) of discrimination.Practical implicationsThis study offers evidence that union representation can add value when older employees are pursuing their rights in litigation.Originality/valueThis research focuses on individuals who have actually been discriminated against using empirical legal scholarship, content analysis and big data analytics.
In: Industrial Relations Journal, Band 51, Heft 5, S. 454-473
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In: LaVan, H., & Katz, M. 2013. Current state of management/union relations in hospitality sector. FIU Hospitality Review, 30(2): 73-89.
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Working paper
In: Compensation and benefits review, Band 41, Heft 2, S. 54-61
ISSN: 1552-3837
In: Katz, M., & LaVan, H. 2005. Disciplining employees for free speech, whistle blowing and political activities. Journal of Individual Employment Rights, 12: 119-135.
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