Subject Index

AARP, 207, 209, 228; evolution of, 212–13; Municipal Employees (AFSCME), membership model of, 211 146–47, 147n8 Administrative reports, impacts of living American Medical Association (AMA), wages and, 125–29, 133 9, 202 Advocates for Basic Legal Equality American with Disabilities Act (ADA), (ABLE), 164–65, 164n64, 165n65 16, 40t Age Discrimination Employment Act Anne E. Casey Foundation Jobs Initiative, (ADEA), 40t 306–9 Airline Pilots Association (ALPA), 281, Antiapartheid campaign, 89–90 283 Antisweatshop activists, 3; ability of, to Alaska Legal Services, 151, 151n16 raise living standards, 83; codes of con- Alternative dispute resolution (ADR) sys- duct among, 73; monitoring issues and, tems, 33–35, 227 73–74; 1990s campaigns of, 68–74, 69– Alternative labor market institutions: alter- 70t; risks of campaigns doing harm native dispute resolution systems, 33– and, 80–83; students as, 62–66; time- 35, 227; evaluation of, for implement- line of activities by, 69–70t. See also ing labor market policies, 37t; labor Human rights vigilantes unions, 23–27; legal services organiza- Antisweatshop campaigns, 66–68; assess- tions, 27–29; mandated workplace ment of effectiveness of, 75–80; evalua- committees, 30–32; national issue tion of effects of, 85–89; firm’s response organizations, 27–29; public interest to, 57–60; freedom of association and, organizations, 29–30; third party moni- 83–85 tors, 32–33. See also Labor market in- Antisweatshop organizations, 61–62, 91– stitutions 92t American Civil Liberties Union (ACLU), 7, Apparel Industry Partnership (AIP), 71 27, 152, 226–27 Asian Pacific American Legal Center of American Economic Association, 210 Southern California, 150, 171 American Federation of Labor-Congress of Association, freedom of, antisweatshop Industrial Organization (AFL-CIO), campaigns and, 83–85 62; General Counsel’s Office, 146–47, Association of Community Organizations 147n8 for Reform Now (ACORN), 99 American Federation of State, County, and Associations. See Professional associations

321 322 Subect Index

Atlanta Legal Aid, 151, 160 Co-op America, 61 AT&T, 274–75 Corporate governance, 266–68. See also Boards of directors Bangladesh, 87 Corporate Watch, 61, 74 Benefits: effects of unions on, 246–47; Council on Economic Priorities (CEP), 72 fringe, effects of union membership on, 253–55. See also Health benefits; Davis-Bacon Act, 14, 39t Health insurance; Portable health Department of Labor (DOL), U.S., 15 benefits Dictators game, 55 Boards of directors, union representatives Directors, boards of, union representatives on, 279–84. See also Corporate gover- on, 279–84 nance Disney, 8, 57, 76t Boeing Corporation, 304 Dispute resolution systems, alternative, 33– 35, 227 Cambodia, 87–88 Drug Free Workplace Act (DFWA), 41t Center for Law in the Public Interest, 150 Due Process Protocol, 34–35, 34n20 Child labor, campaigns against, 81–83 Chrysler, 281 Earned Income Tax Credit (EITC), 100, Circuit City Stores, Inc. v. Adams, 33–34, 35, 133–34 35n22 Eastern Airlines, 283 City of Burlington v. Dague, 145n7 EEOC v. Waffle House, Ind., 34n18, 35n22 Clergy and Laity for Economic Justice Electrical construction industry, negotiated (CLUE), 114 partnerships in, 272–73 Client Centered Legal Services of South- Employee Polygraph Protection Act (PPA), west Virginia, 160 16, 41t Collective workplace agents, 23 Employee Retirement and Income Security Collegiate Licensing Company, 63 Act (ERISA), 39t Committees on Safety and Health (COSH) Employee rights: federal labor regulations groups, 29 and, 17, 18–19t; threshold model of Common Cause, 209, 228; evolution of, 213 exercise of, 17–23 Communication Workers of America Employee Stock Ownership Plans, 280, 281 (CWA), 271, 274–75 Employment Law Center of the Legal Aid Communities for a Better Environment, Society of San Francisco, 150, 171, 114 171n70 Community-based organizations, as train- Employment laws: vs. labor laws, 144; lim- ing intermediaries, 303–10; Anne E. ited efficacy of private legal represen- Casey Foundation Jobs Initiative, tation and, 144–47; mechanisms for 306–9; Jane Addams Resource Corpo- enforcing, 142–43; “on the books” ration, 305–6; Milwaukee Jobs Initia- vs. “in action,” 142 tive, 307–8; National Urban League, Empowerment movements, 209 306; New Orleans Job Initiative, 308–9; Engagers, 61–62 San Antonio Texas Industrial Areas Equal Pay Act, 40t Foundation, 303–5; WorkSource Equal Rights Advocates, 150, 163 Staffing Partnership, Inc., 309–10. Ernst and Young, 73–74 See also Organizations Ethical Trade Initiative, 73 Community Legal Services of Philadelphia, Executive Order 11246, 40t 165, 171 Confronters, 61–62 Fair Labor Association (FLA), 71, 72, 73– Consolidated Omnibus Budget Reconcilia- 74, 78 tion Act (COBRA), 39t Fair Labor Standards Act (FLSA) of 1938, Contract Work Hours and Safety Act 13, 16, 39t; third-monitors for enforc- (CWHSSA), 39t ing, 32–33 Subject Index 323

Family Medical Leave Act (FMLA) of 1993, Hours worked, effects of unions on, 233–46; 13, 16, 40t simple model for, 257–59 Farrar v. Hobby, 145n6 Human rights vigilantes, 6, 47; critics of, 81; Federal labor regulations, 15–17; employee identified, 60–62. See also Antisweat- rights under, 17, 18–19t; enforcement shop activists of, 16; reporting requirements under, Hyatt-Clark, 283 17, 18–19t Federal Mine Safety and Health Act IBEW/NECA Joint Apprentice Training (MSHA), 41t Committee for Electrical Contracting Firms: labor standards and, 56–60; re- Industry of Greater Boston, 300 sponse to antisweatshop campaigns Immigration Reform and Control Act by, 57–60 (IRCA), 41t Forest Stewardship Council (FSC), 78–79, Indonesia, 87 93–94 Industrial Areas Foundations, 4, 227, 303–5 Foundations, funding of social movements Information gathering, costs of, 20 by, 211 Interest groups, 13–14 Freedom of association, antisweatshop Interest on Lawyers Trust Accounts campaigns and, 83–85 (IOLTA), 154, 155–56t, 157 Freelancers Union, 215 Interfaith Center for Corporate Responsi- Free-rider problem, 5, 209 bility, 61 Fringe benefits, effects of union member- International Association of Machinists ship on, 253–55 and Aerospace Workers (IAMAW), 278–79, 281–82, 283–84 Gans, Herbert, 211 International Brotherhood of Electrical Gap, 56, 71, 75, 77t, 84, 86 Workers (IBEW), 272–73, 300 Garment Industry Development Corpora- International Brotherhood of Teamsters, tion, 302–3 280–81 Gay & Lesbian Advocates & Defenders, International Labor Organization (ILO), 8, 150, 171 47, 87 General Social Survey (GSS), 253 Gilmer v. Interstate/Johnson Lane Corp., 3 Jane Addams Resource Corporation, 305–6 3–34, 35n22 JC Penny, 57 Global Exchange, 61, 62 Job content, control over, 179–80 Greater Kelly Development Corporation, Job training, 293–94; influence of unions 304–5 on, 296–97; institutional requirements Guild Law Center for Economic and Social for addressing issue of, 298–99; invest- Justice, 159, 159n40 ment by firms in, 294–95, 295t; as in- Gulfcoast Legal Services of Florida, 151, vestment decision, 295–96; market 151n16, 157n36 failure in delivery of, 296 Josline Diabetes Center, 309–10 Harley Davidson, 278–79 Health benefits: characteristics of workers Knoxville Legal Aid Society, 160 covered by, and work arrangement, 222–23, 222t; coverage status of, by Labor laws, defined, 144. See also Employ- work arrangement, 221–22, 221t. See ment laws also Portable health benefits Labor-Management Reporting and Disclo- Health insurance, 208; union/nonunion sure Act (LMRDA), 41t differences in coverage of, 247–49, 248t Labor market institutions: process of work- High-performance work organization place regulation and, 13; statistical (HPWO) partnerships, 278–79 analysis of attitudes of professional Hotel Employees and Restaurant Employ- workers toward, 190–200. See also Al- ees Union (HERE), 113–14 ternative labor market institutions 324 Subect Index

Labor organizations, nonunion, 2–3 ployers and workers covered by, 107–8; Labor policies, enforcement of, unions and, enforcement of, 109–11; implementa- 23–27, 26t tion of, 135–36; living standards of Labor regulations: enforcement of, 16; fed- low-income working families and, 129– eral, 15–17; federal, and employee 34; nonprofits and, 135; paradox fac- rights, 17, 18–19t ing, 136; samples of, 101–6; state laws Labor standards: firms and, 56–60; survey and, 135; wage and benefit levels of, evidence for consumer demand for, 49– 108–9 56; World Trade Organization and, 86 Living wages: administrative reports on Labor unions. See Unions impacts of, 125–29, 133; prospective Labour Rights Network, 85 studies of, 116–18; studies of, using Lambda Legal Defense and Education primary data, 122–25; studies of, using Fund, 152, 152n26, 153–54 secondary data, 118–22 Law firms, private public-interest, 146 Liz Claiborne, 75, 76t Law “in action,” 142 Lobbies. See Special interest lobbies; Work- Law “on the books,” 142 ers’ lobbies Laws. See Employment laws; Labor laws Los Angeles Alliance for a New Economy Lawyers’ Committee for Civil Rights Under (LAANE), 113–14, 115 Law, 171 Lost wallet game, 55 Lawyers’ groups, 8 Legal Aid Society of Nebraska, 152 Mandated workplace committees, 30–32, Legal Services Agency of Western Carolina, 227 160, 160n43 Maryland Legal Aid Bureau, 151 Legal services centers, 3, 6t, 8, 150–52, 226– Maximand models of unions, 3 27; funding of, 154–58, 155–56t; nature Median models of unions, 3 or type of work by, 162–66; role fund- Medical Expenditure Panel Survey ing plays in explaining activities of, (MEPS), 253–55 166–69; role of funding and subject se- Membership-based organizations, 9–10; vs. lection by, 161–62; spinoffs from, 171; nonmembership organizations, 3 subject matter of work by, 159–61. See Mexican American Legal Defense and Edu- also National issue organizations cation Fund, 152, 153 Legal Services Corporation, 27–28, 150, Migrant and Seasonal Agricultural Workers 154–58, 161, 163–64, 168 Protection Act (MSPA), 39t Legal Services Corporations v. Velaquez, 158 Migrant Legal Services, 160n44 Legal Services of Eastern Missouri, 160 Milwaukee Jobs Initiative, 307–8 Legal Services of Northern Virginia, 160 Mine Safety and Health Act (MSHA), 41t Legal services organizations, 27–29 Levi Strauss, 56, 68, 75–76, 76t National Association for the Advancement Litigation, social movements and, 143 of Colored People (NAACP), 210 Litigation Assistance Partnership Project, National Association for the Advancement 173 of Colored People Legal Defense and Living standards: antisweatshop campaigns Education Fund, 27, 150, 152, 152n24, and, 83; of low-income working fami- 152n26, 164 lies, living wage ordinances and, National Association of Working Women, 129–30 210 Living-wage campaigns, 6t; unintended ad- National Electrical Contractors Associa- verse consequences of, 82–83 tion (NECA), 272–73, 300 Living-wage movements, 227; coalitions in, National Employment Law Project, 27, 113–16; emerging issues in, 134–36; 149–50, 159, 159n40, 161, 171 motivations behind, 111–13; overview National issue organizations, 8, 27–29, 147– of, 99–100; referendums for, 8 50, 148–49t; funding of, 152–54; nature Living wage ordinances: defined, 100; em- or type of work by, 162–66; role fund- Subject Index 325

ing plays in explaining activities of, 227; theories explaining formation of, 166–69; role of funding and subject se- 209–11. See also Community-based lection by, 161–62; subject matter of organizations; National issue organi- work by, 159–61. See also Legal ser- zations vices centers; Organizations; Regional Oxfam, 75–78 issue organizations National issues lawyer groups, 6t Pakistan, 87 National Joint Apprenticeship and Training Palmetto Legal Services of South Carolina, Committee, 273 160n52 National Labor Committee (NLC), 61, 62 Partners Health Care, 309–10 National Labor Management Cooperation Partnerships. See High-performance work Committee (NLMCC), 273 organization (HPWO) partnerships; National Labor Relations Act (NLRA), 1, Negotiated partnerships; Strategic 41t, 232 partnerships; Union-management National Organization Survey (NOS), partnerships 253–55 Pensions, union/nonunion differences in, National Partnership for Women and Fami- 252–53, 252t lies, 153 Phillips-Van Heusen (PVH), 71, 75, 76t National Restaurant Association, 115 Pine Tree Legal Assistance, 157n37 National Urban League, 306 Portable Benefits Network, 214–15 National Writers Union, 210, 227 Portable health benefits, 208; market for Negotiated partnerships, 272–79; in electri- Working Today’s plan for, 218–23. See cal construction industry, 272–73; in also Health benefits high-performance work organizations, Prepaid legal services, 146 278–79; in steel industry, 276–78; in Press for change, 61 telecommunications industry, 274–75. PricewaterhouseCoopers (PwC), 73–74 See also Strategic partnerships Private public-interest law firms, 146 New Directions Bargaining Patterns, 276–77 Private sector: union density in, 181–84; New Orleans Job Initiative, 308–9 unionism and, 1 New Orleans Legal Assistance Corpora- Privatization, of public services, 112 tion, 157n36, 160, 164 Professional and technical occupations, New York State Labor-Religion Coalition, 179–80; enterprise of, 200–202 61 Professional and technical workers: com- Nike, 56, 74, 76t, 86 mitment to work and, 186–90; profes- 9to5, 210 sional associations and, 180; statistical Nonmembership organizations (NMOs), 2; analysis of attitudes of, toward unions vs. membership-based organizations, 3 and labor market institutions, 190–200; Nontraditional workers, role of workers’ targeted survey of, 184–86; union den- lobbies for, 223–24 sity and, 181–84 Nonunion labor organizations, 2–3 Professional associations, 2, 6t, 227; as Northwestern Legal Services, 157n37 movements, 209; professional and Northwest Women’s Law Center, 150, 171 technical workers and, 180; union-like NOW Legal Defense and Education Fund, activity and, 9; unions and, 204–5; 152, 153, 153n27, 153n28 workplace issues and, 203–4. See also Membership-based organizations Occupational Safety and Health Act Program on International Policy Attitudes (OSHA) of 1970, 13, 16, 41t (PIPA), 49 Organizations: antisweatshop, 61–62, 91– Project Quest, San Antonio, Texas, 303–4 92t; funding of, 210–11; legal services, Public Advocates, Inc., 150 27–29; membership-based, 9–10; non- Public interest organizations, 29–30 membership, 2, 3; nonunion labor, 2–3; Public Justice Center, 171 public interest, 29–30; service, 210, Public services, privatization of, 112 326 Subect Index

Railway Labor Act (RLA), 41t Training. See Job training Rath Packing Company, 283 Training intermediaries, 6; community- Reebok, 56, 77t based organizations as examples of, Regional issue organizations, 169–73, 170t. 303–10; future of emerging, 310–11; See also National issue organizations summary of emerging, 312t; union- Rehabilitation Act, 40 management collaborative efforts as Reporting requirements, federal labor regu- examples of, 299–303 lations and, 17, 18–19t Transnational Resource and Action Center, Reweighting, statistical methods for, 259–61 74 Rugmark, 73 Union density, 1–2; in private sector, 181–84 SA 8000 standard, 72, 73, 86 Unionism, private-sector, 1 San Francisco Hotel Partnership, 301–2 Union-management collaborative efforts, Santa Monica, CA, living wage battle in, examples of, 299–303; Garment Indus- 115, 117–18, 130 try Development Corporation, 302–3; Screen Actors Guild, 218, 225 IBEW/NECA Joint Apprentice Train- Service Contract Act (SCA), 39t ing Committee for Electrical Contract- Service organizations, 210, 227 ing Industry of Greater Boston, 300; Social Accountability International (SAI), San Francisco Hotel Partnership, 301– 61, 72, 78 2; Working Partnerships USA, 300–301 Social justice law firms. See Private public- Union-management partnerships, 6t interest law firms Union of Needletrades, Industrial and Tex- Social movements: as form of workers’ tile Employees (UNITE), 62, 269 lobby, 209; funding of, 211; litigation Unions: challenges facing, 202–5; dilemmas and, 143 for, 284–86; economic analysis of, 3; Social Security Act, unemployment com- effects of, on benefits, 246–47; effects pensation provision of, 40t of, on employer premium sharing and South Africa, 89–90 health plan cost sharing, 249–51, 250t; Special interest lobbies, 209–10; funding of, effects of, on hours worked, 233–46; 210–11 effects of, on work hours and nonwage Spun-off entities, of legal services centers, benefits, 10; enforcement of labor poli- 171 cies and, 23–27, 26t; influence of, on Starbucks, 77t, 86 training, 296–97; legal counsel activi- Steel industry, negotiated partnerships in, ties by, 146–47; managerial decisions 276–78 and, 267–68; maximand models of, 3; Strategic partnerships, 10; negotiated, 272– median member models of, 3; vs. 79; prevalence of, 269–72; rationale nonunion differences in health insur- for, 268–69. See also Negotiated part- ance benefits, 247–49, 248t; profes- nerships sional associations and, 204–5; repre- Student antisweatshop activists, 62–66 sentatives of, on corporate boards of Sullivan Principles, 89–90 directors, 279–84; statistical analysis of Surface Transportation Assistance Act, attitudes of professional workers to- antiretaliatory provision of, 40t ward, 190–200; summary of, 6t; sum- Sustainable Forestry Initiative, 79 mary of choices facing leaders of, in design of institutions for strategic plan- Technical occupations. See Professional ning, 286, 287t; white-collar workers and technical occupations and, 9. See also Strategic partnerships Telecommunications industry, negotiated UNITE, 71–72, 81 partnerships in, 274–75 United States, declining union density in, Third-party monitors, 32–33 1–2 Tilly, Charles, 143 United Steelworkers of America (USWA), Title VII of Civil Rights Act, 16, 40t 271, 276–77 Subject Index 327

USAirways, 284 Workers Adjustment and Retraining and USAS, 61, 62, 63, 74, 81; student activities Notification Act (WARN), 16, 41t of, 72 Workers’ lobbies: as form of social move- U.S. Department of Labor (DOL), 15 ments, 209; forms of, 209–10; funding of, 227; Herbert Gans’s vision of, 211; Verité, 61, 73 model of financially viable, 216–18; Veterans’ Reemployment Rights Act prospects of broad-based, 226–28; role (VRR), 41t of, for nontraditional workers, 223–24. See also Working Today Wagner Act. See National Labor Relations Workforce development boards, 299 Act (NLRA) Working Partnerships USA, 300–301 Wal-Mart, 56, 57, 71, 75, 77t Working Today, 6, 9–10, 207–8, 209; evalu- Walsh-Healy Act, 39t ating impact and prospects of, 224–26; Washington Lawyers’ Committee for Civil evolution of, 213–16; market for health Rights and Urban Affairs, 171 benefits plan of, 218–23. See also WashTech, 210, 227 Workers’ lobbies Western Airlines, 282 Workplace agents, collective, 23 White-collar workers, 180; union density Workplace committees, mandated, 30–32 among, 181–84. See also Professional Workplace Project of Long Island, 142–43 and technical workers Workplace regulation: implementation of, Wilson v. Monarch, 144 14; process of, labor market institu- Wisconsin Regional Training Partnership, tions and, 13 227 World Trade Organization (WTO), interna- Worker Representation and Participation tional labor standards and, 86 Survey (WRPS), 188 Worker Rights Consortium (WRC), 72, 73–74