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- Title
Unionism and Employer Discrimination: Analysis of 8(a)(3) Violations.
- Authors
Kleiner, Morris M.
- Abstract
The article analyzes Section 8(a)(3) of the U.S. National Labor Relations Act stating that it is an unfair labor practice for an employer to discriminate against employees in regard to hire or tenure of employment or any term of condition of employment for the purpose of encouraging or discouraging membership in a labor organization. A review made by the General Accounting Office of the section noted disagreements over the effectiveness of the remedies provided by the Act. The impact of the economic and labor relations environment on the probability that a firm will commit the violation was examined using a choice model of organizational behavior. The results show that previous violations of the section, relative percent of union organization, and changes in firm employment are significant determinants of the marginal benefits of violations. The findings support union officials' claims that the penalties of the Act are not strong deterrents to management violations.
- Subjects
UNITED States; UNFAIR labor practices; INDUSTRIAL relations; LABOR laws; UNION busting; LABOR; EMPLOYEES; LABOR policy; EMPLOYMENT discrimination; ORGANIZATIONAL behavior; PERSONNEL management
- Publication
Industrial Relations, 1984, Vol 23, Issue 2, p234
- ISSN
0019-8676
- Publication type
Article
- DOI
10.1111/j.1468-232X.1984.tb00899.x