Strategy, form, and corporate legal responsibility under the NLRA

Article Abstract:

Two 1997 National Labor Relations Board rulings make it easier for unions to enforce empoyers' collective bargaining obligations after corporate restructuring. These are the Stardyne, Inc. v. NLRB and Johnstown Corp. and United Steelworkers rulings. The latter made clear that plaintiffs no longer need to preface an alter ego argument by showing that two employers are one, and this will facilitate the imposition of collective bargaining obligations in successor corporation situations. As a result of the Johnstown Corp. ruling, unions can apply enterprise liability concepts to the statutory objective of collective bargaining.

Liability of successor corporations, Corporate succession liability, Disregard of corporate entity, Disregarding corporate entity

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The joint employer, the NLRB, and changing rights for contingent workers

Article Abstract:

Cases to be heard by the National Labor Relations Board indicate that it may be considering overturning the joint employer doctrine under Greenhoot, Inc. The joint employer doctrine applies when both a temporary employment agency and a business contracting with the agency are found to exert control over the workers in question. If the doctrine applies, the business can choose unilaterally whether or not to bargain with the temporary workers as a separate unit or a unit with permanent workers. Reversal of the doctrine would improve unions' ability to organize temporary workers.

Temporary Help Services, Employment Placement Agencies, Collective Bargaining, Help supply services, Interpretation and construction, Labor relations, Temporary employment services, Temporary employees

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Labor and employment laws in Mexico and the US: an international comparison

Article Abstract:

The key provisions of Mexican labor laws are summarized and a comparison of workers' rights under Mexican and US law is given. Wage levels are lower in Mexico, but many worker rights granted by the labor laws and the Constitution, although less consistently enforced than in the US, are still much broader.

United States, Mexico, Comparative analysis

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