Ariana R. Levinson

Provides a case study, based on original author research, about the start of the union co-op movement in Cincinnati a decade ago. The author views the formation of initial union co-ops through the lens of social movement theory and identifies mechanisms critical to the success of a local union co-op movement.

Assists judges and attorneys in their efforts to select an impartial jury by equipping them with a better understanding of different forms of racism (e.g., overt, covert, symbolic, aversive), and provides an introduction to insightful psychometric tools that can be used to prioritize the selection of antiracist jurors and identify those who hold implicit and explicit biases or others who are likely to be impartial in their assessment of the case.

Describes the lack of a consistent Department of Labor (DOL) test to govern whether a worker is an owner (due to the fact that the issue of whether a worker is an independent contractor is much more often addressed). Suggests a test to determine whether cooperative owners should be classified as employees or owners, drawing on factors used in independent contractor settings.

Argues that food cooperatives located in food deserts do not violate the FLSA when the owners volunteer to work without compensation. Whether the food co-op operates as a for-profit, non-profit, or not-for-profit, owners should be able to volunteer for humanitarian tasks like assisting the elderly and disabled with transportation and shopping, teaching cooking classes, and providing childcare.

Investigates whether arbitrators consider external authority, such as statutes or case law, when deciding labor grievances under collective bargaining agreements. In contrast to previous research, findings show that the overwhelming majority of awards do not cite to any external authority (statutes, administrative authorities, case law, or secondary sources).

Applies social movement theory to five historical examples of establishing worker-owned cooperatives in the United States.  It describes the resulting insights, such as the importance of leader education and access to resources, for those wishing to establish such cooperatives and mentions potential legal reforms that would assist those establishing worker-owned cooperatives.

Explains that local right-to-work ordinances, which purport to make it unlawful for a union to receive payment for its services from those it represents, are prohibited by federal law.  Because of this, passing such ordinances is not a good use of tax-payer funds or local officials’ time.

Explains how the National Labor Relations Board has properly applied long-standing legal concepts to protect workers who seek to improve their working conditions through discussions on social media.  It suggests that some minor changes to its rulings involving social media would make the Board’s position even stronger.

Summarizes the Board’s decisions and guidance about employees’ use of social media and employer policies regulating the use of social media. It then discusses four simple clarifications that the Board should make in future decisions in order to make its regulation easier for employers and employees to understand and follow.

Examines 160 labor arbitration opinions and awards in employment-discrimination cases and concludes that labor arbitration is an appropriate way to resolve employment-discrimination claims.  The article acknowledges that targeted legislation to ensure the protection of employees’ rights might further insure that labor arbitration effectively resolves employment-discrimination claims.

Proposes a cohesive interpretation of the Electronic Communications Privacy Act that courts should adopt to protect employees’ basic right to privacy in their electronic communications.