Legal and Cultural Implications Inherent in Managing Multilingual and Multicultural Labor: Selected Translation Issues from the US National Labor Relations Board

2017 ◽  
Vol 62 (1) ◽  
Author(s):  
Pietro Manzella ◽  
Karl Koch
Keyword(s):  
Labor Relations ◽  
Cultural Theory ◽  
The United States ◽  
Cultural Management ◽  
National Labor Relations Board ◽  
Intercultural Management ◽  
Cultural Implications ◽  
The Us ◽  
Cross Cultural Management ◽  
Culture And Language

AbstractThis paper examines one consequence of the increasingly multilingual and multicultural labor market, resulting from migratory flows caused in part by globalization. It focuses on selected legal and translation issues in labor relations arising from misinterpretations and cultural disparities in communication between different languages and cultures. It draws on decisions of the United States National Labor Relations Board (NLRB), where there were misleading and ambiguous translations. It employs a theoretical approach based on concepts from cross-cultural management, including cultural theory, and thereby expands the discipline of Translation Studies. The findings suggest that an understanding of the cultural content, particularly in the practice of intercultural management, is imperative. The paper concludes that a systematic methodology linking culture and language in labor relations should be adopted.

Comparative Management of Human Resources between USA and Japan

2018 ◽  
Vol 9 (1) ◽  
pp. 93-100
Author(s):  
Evelyne Ingrid Mitu ◽  
Mile Vasic
Keyword(s):  
Human Resources ◽  
Labor Relations ◽  
Management Styles ◽  
Cultural Management ◽  
Japanese Management ◽  
Global Competitiveness ◽  
Comparative Management ◽  
The Us ◽  
Huge Impact ◽  
National Economies

Abstract Despite the differences between Japanese and styles, both will have a huge impact on their national economies. In terms of cultural management styles will continue to present significant differences. Although nothing is certain, both Americans and Japanese must continue to adapt their management styles to maintain global competitiveness. In general, human resources, labor relations within organizations are mainly features that differentiate the Japanese management system of other countries, especially the US.

scholarly journals A Tale of Seven Cases – Faculty Unions in the United States – From Yeshiva To Elon: Is It Time to Review Yeshiva and the Positions of Church-Sponsored Colleges and Universities As Well?

2021 ◽  
Author(s):  
Richard J. Hunter ◽  
Hector R. Lozada ◽  
John H. Shannon
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
The United States ◽  
Colleges And Universities ◽  
Court Case ◽  
National Labor Relations Board ◽  
Faculty Unions ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
Yeshiva University

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?

scholarly journals Which Statute Will Trump

2017 ◽  
Vol 5 (1) ◽  
pp. 105-131
Author(s):  
Allen Al-Haj
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
United States Supreme Court ◽  
The United States ◽  
Unintended Consequences ◽  
Class Action ◽  
Mutual Aid ◽  
National Labor Relations Board ◽  
The Cost ◽  
Circuit Courts

A law can often be a double-edged sword—its mandate or protection of one right will sometimes come at the cost of another. Compounding this problem of unintended consequences is that laws do not operate in a vacuum. Instead, laws interact with other laws, and if they conflict, courts must determine which will prevail. Determining the validity of class-action waivers in employment arbitration agreements will require reconciling the Federal Arbitration Act’s mandate that arbitration agreements be enforced according to their terms against the National Labor Relations Act’s protection of employees’ right to engage in concerted activities for the purpose of mutual aid and protection. The dispute over the validity of these agreements requires courts to determine which law and congressional policy should prevail. The National Labor Relations Board and circuit courts throughout the country have been unable to reach a uniform decision, which has prompted the United States Supreme Court to grant certiorari on a triad of cases concerning this issue. With a decision from the nation’s highest Court expected during the 2017–18 term, this Comment analyzes the background and legal arguments behind these competing statutes to determine how the Court is likely to rule. This Comment concludes that, given the Court’s previous rulings in arbitration and class-action cases and the recent Supreme Court confirmation of Justice Neil Gorsuch, the Court is likely to rule in favor of validating class-action waivers in employment arbitration agreements.

What Professionals Want: Union and Employer Tactics in Representation Elections of Professional Workers

ILR Review ◽  
2018 ◽  
Vol 72 (3) ◽  
pp. 693-717 ◽  
Author(s):  
Rachel Aleks
Keyword(s):  
United States ◽  
Labor Relations ◽  
The United States ◽  
Representation Election ◽  
Campaign Strategy ◽  
Interactive Model ◽  
National Labor Relations Board ◽  
Professional Workers ◽  
Original Survey ◽  
Matched Data

Using matched data from an original survey administered to organizers throughout the United States and election reports from the National Labor Relations Board, the author analyzes organizing campaigns of professional and non-professional workers. Professional workers have long been thought of as difficult to organize, yet they are strategically important to unions given their growing numbers in today’s economy. The author assesses whether unions and employers use different approaches in their organizing drives for professionals. An interactive model is used to test whether professionals’ distinct identity moderates the effect of common determinants of a representation election on the election outcome. The results show the benefit of an interactive model, as it highlights the importance of developing a campaign strategy unique to the group being organized.

Is the Senpai—Kouhai relationship common across China, Korea, and Japan?

2019 ◽  
Vol 47 (1) ◽  
pp. 1-12
Author(s):  
Nan Qie ◽  
Pei-Luen Patrick Rau ◽  
Lin Wang ◽  
Liang Ma
Keyword(s):  
Social Exchange ◽  
International Institutions ◽  
Cultural Theory ◽  
Cross Cultural ◽  
Cultural Management ◽  
The Core ◽  
Exploratory Survey ◽  
Survey Results ◽  
Cross Cultural Management ◽  
Practical Implications

The Senpai—Kouhai relationship is a special senior—junior peer relationship in Japan. We conducted an exploratory survey of 311 Chinese, 266 Korean, and 275 Japanese participants to investigate whether or not this relationship exists in the 2 other cultures. We identified 4 factors through factor analysis to describe the Senpai—Kouhai relationship, namely, trust, supporting, hierarchy, and verbal etiquette. The survey results confirmed the presence of the Senpai—Kouhai relationship in China, where the supporting factor was most emphasized, and in Korea, where trust and verbal etiquette were the most important factors. In Japan, the core of the Senpai—Kouhai relationship was hierarchy. The results can be explained using cross-cultural theory and social exchange perspectives. Theoretical and practical implications for cross-cultural management of international institutions are discussed.

scholarly journals A Tale of Seven Cases – Faculty Unions in the United States – From Yeshiva To Elon: Is It Time to Review Yeshiva and the Positions of Church-Sponsored Colleges and Universities As Well?

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Richard J. Hunter, Jr. ◽  
◽  
Hector R. Lozada ◽  
John H. Shannon
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
The United States ◽  
Colleges And Universities ◽  
Court Case ◽  
National Labor Relations Board ◽  
Faculty Unions ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
Yeshiva University

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?

Union Responses to Workforce Feminization in the United States

2017 ◽  
Author(s):  
Ruth Milkman
Keyword(s):  
Labor Unions ◽  
Labor Relations ◽  
The United States ◽  
Large Female ◽  
National Labor Relations Board ◽  
Union Representation ◽  
Late Twentieth ◽  
Relationship Of ◽  
The Relationship ◽  
Late Twentieth Century

This chapter examines how labor unions responded to workforce feminization that began in the 1970s. It first places the relationship of women to unions in historical perspective before analyzing empirical data on inter-union variations in the extent of women's representation in union membership and leadership in the late twentieth century, as well as variations in the extent and nature of attention to “women's issues” on the part of unions. It then explores the dynamics of union organizing in the 1980s, showing that workplaces with large female majorities were the most readily organized in that period—as measured by the probability of winning National Labor Relations Board (NLRB) union representation elections. It also considers the growing commitment of some unions in the 1970s and 1980s to gender equality issues and to incorporating women into positions of leadership. Finally, it discusses the innovative gender politics that has emerged in unions least constrained by the forces of deunionization or patriarchal traditions.

Latin@s and the decolonization of the US empire in the 21st century

2008 ◽  
Vol 47 (4) ◽  
pp. 605-622 ◽  
Author(s):  
Ramón Grosfoguel
Keyword(s):  
21St Century ◽  
The United States ◽  
The Political ◽  
White Americans ◽  
The Past ◽  
Cultural Implications ◽  
The Us ◽  
New Form ◽  
Us Empire ◽  
Demographic Shifts

The present article discusses the political and cultural implications of the demographic shifts in the United States in the 21st century. White Americans are going to be a demographic minority in several decades. The article argues that the US empire is divided between two political options: neo-apartheid or decolonization. A new form of apartheid — different from the past — is emerging as an option for white elites to keep their privileges and power in a context where they no longer represent the demographic majority.

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