Labor Law and Business Change: Theoretical and Transactional Perspectives

(Hardback)

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This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. Choice A collection of specially written essays by distinguished legal scholars and practicing lawyers, this book explores the ways in which collective bargaining practices have been forced to adapt and change in response to a radical restructuring in the labor and personnel relations of American businesses. As the contributors demonstrate, current trends--such as a shift from manufacturing to service employment, deregulation, a hostile political environment, and a host of mergers and acquisitions--have made an understanding of traditional labor law doctrine increasingly less central to actual practice. Practitioners today need a thorough grasp of complex new workplace regulations and a mastery of the interplay between legal rules and practical constraints on transactions like plant closings, assets or stock sales, bankruptcy reorganization, and union representation on corporate boards of directors. Labor Law and Business Change places these changes within a comprehensive legal and practical framework and provides expert advice to those who must deal with these developments in the course of structuring particular business transactions.

Reviews

. . .Labor Law and Business Change is a collection of essays by some of the country's leading law professors and practicing attorneys. The essays present theory and explain how changes in the business environment have altered the face of modern labor law. The theoretical articles compare modern labor law to established norms from the past and discuss the different responses to business change expressed by American, Western European and Japanese labor. The second edition, written primarily by practicing labor lawyers, examines several specific business transactions and modern labor law's impact upon them. Specific issues addressed are sccessorship obligations, labor arbitration, ERISA considerations, mergers and acquisitions, automation and employee ownership-HRMagazine
The subject of business change and the law is particularly timely. In our turbulent environment, the rights of employers and unions to implement or forestall change may be crucial. This book consists of 17 essays dealing with the law and organizational restructuring from both theoretical and practical perspectives. In the first section of the study, the authors examine a number of collective bargaining issues arising from managerial reorganization of a company, including the scope of the duty to bargain, obligations to divulge information, the duties of a successor employer, the role of labor arbitration, and continuing pension liabilities. The second part of the study is devoted to an analysis of specific activities, such as the sale of assets, plant closings and relocations, technological change, and bankruptcy reorganizations. Both management and union views are presented. This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. Upper-division and graduate collections.-Choice
." . .Labor Law and Business Change is a collection of essays by some of the country's leading law professors and practicing attorneys. The essays present theory and explain how changes in the business environment have altered the face of modern labor law. The theoretical articles compare modern labor law to established norms from the past and discuss the different responses to business change expressed by American, Western European and Japanese labor. The second edition, written primarily by practicing labor lawyers, examines several specific business transactions and modern labor law's impact upon them. Specific issues addressed are sccessorship obligations, labor arbitration, ERISA considerations, mergers and acquisitions, automation and employee ownership"-HRMagazine
"The subject of business change and the law is particularly timely. In our turbulent environment, the rights of employers and unions to implement or forestall change may be crucial. This book consists of 17 essays dealing with the law and organizational restructuring from both theoretical and practical perspectives. In the first section of the study, the authors examine a number of collective bargaining issues arising from managerial reorganization of a company, including the scope of the duty to bargain, obligations to divulge information, the duties of a successor employer, the role of labor arbitration, and continuing pension liabilities. The second part of the study is devoted to an analysis of specific activities, such as the sale of assets, plant closings and relocations, technological change, and bankruptcy reorganizations. Both management and union views are presented. This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. Upper-division and graduate collections."-Choice

Author Bio

SAMUEL ESTREICHER is Professor of Law at New York University School of Law. DANIEL G. COLLINS is also Professor of Law at New York University School of Law.