Janus for the Rails and Air?

Source: Joe DeManuelle-Hall, Labor Notes, February 15, 2019

They did it to public workers. Next they want to do it to railroad and airline workers.

A right-wing policy think tank filed a Janus-style lawsuit against the Machinists on January 8, claiming that non-members shouldn’t be required to pay fees for union representation.

The plaintiffs are customer service agents at United Airlines. They’re covered by the Railway Labor Act, which governs unionization and collective bargaining for hundreds of thousands of union members who work for railways or airlines—from flight attendants to freight train engineers.

The effect of an anti-union decision in the case of Rizzo-Rupon could mirror what last summer’s Janus case did to the public sector.

Unions would still be required to represent everyone within a unionized workplace, but members could opt out of paying dues or fees. Railroads and airlines would effectively be “right to work.”

The Feedback Fallacy

Source: Marcus Buckingham, Ashley Goodall, Harvard Business Review, March/April 2019

For years, managers have been encouraged to praise and constructively criticize just about everything their employees do. But there are better ways to help employees thrive and excel. ….

…. To be clear, instruction—telling people what steps to follow or what factual knowledge they’re lacking—can be truly useful: That’s why we have checklists in airplane cockpits and, more recently, in operating rooms. …

….Underpinning the current conviction that feedback is an unalloyed good are three theories that we in the business world commonly accept as truths. The first is that other people are more aware than you are of your weaknesses, and that the best way to help you, therefore, is for them to show you what you cannot see for yourself. ….

…. The second belief is that the process of learning is like filling up an empty vessel: You lack certain abilities you need to acquire, so your colleagues should teach them to you. ….

….. And the third belief is that great performance is universal, analyzable, and describable, and that once defined, it can be transferred from one person to another, regardless of who each individual is. …..

…. But the occasions when the actions or knowledge necessary to minimally perform a job can be objectively defined in advance are rare and becoming rarer. What we mean by “feedback” is very different. Feedback is about telling people what we think of their performance and how they should do it better—whether they’re giving an effective presentation, leading a team, or creating a strategy. And on that, the research is clear: Telling people what we think of their performance doesn’t help them thrive and excel, and telling people how we think they should improve actually hinders learning. ….

…. What these three theories have in common is self-centeredness: They take our own expertise and what we are sure is our colleagues’ inexpertise as givens; they assume that my way is necessarily your way. But as it turns out, in extrapolating from what creates our own performance to what might create performance in others, we overreach. Research reveals that none of these theories is true. The more we depend on them, and the more technology we base on them, the less learning and productivity we will get from others. To understand why and to see the path to a more effective way of improving performance, let’s look more closely at each theory in turn. …..

Forced Arbitration Clauses in the #MeToo Era

Source: National Women’s Law Center, Fact Sheet, February 2019

People from all walks of life – from hotel housekeepers to famous actresses – are stepping forward to confront sexual harassment and violence. Yet too often, forced arbitration clauses buried in everyday contracts help companies cover up sexual harassment and violence. These forced arbitration clauses prevent survivors from fighting back. Forced arbitration clauses are buried in the fine print of many employment contracts and strip away our right to challenge wrongdoing in court. In private arbitration, companies often choose and pay the arbitrator. There is no judge, no jury, no public record, and no meaningful chance to appeal the arbitrator’s decision – even if the arbitrator gets the facts wrong or ignores the law.

‘Wage’, ‘Salary’ and ‘Remuneration’: A Genealogical Exploration of Juridical Terms and their Significance for the Employer’s Power to Make Deductions from Wages

Source: Zoe Adams, Industrial Law Journal, Volume 48, Issue 1, 21 February 2019
(subscription required)

From the abstract:
The Supreme Court in Hartley v King Edwards VI College (2017) has confirmed that an employee who refuses to work in accordance with his contract forfeits his right to be paid for the duration of the breach. The decision extends to professional employees paid a periodical salary the principle established in Miles v Wakefield MDC (1987). The present article sheds new light on these decisions by situating them within a broader debate concerning the function of the wage and the proper relationship between work and payment. Drawing on insights from economic theory, and engaging in a genealogical analysis of legal concepts, the article shows how this debate has, over time, conditioned the use of concepts such as the ‘wage’, ‘the salary’ and ‘remuneration’ in legislation and case law concerning deductions. It shows that the legal concept of the ‘wage’ is closely related to the economic idea of the wage as the price of a commodity, while the legal concepts of ‘salary’ and ‘remuneration’ are more closely analogous to the economic idea of the wage as the cost of subsistence. The courts’ tendency to confuse these concepts, and to analyse the employer’s power to deduct as a right to withhold wages for non-performance of the contract, tells us much about the implicit assumptions underpinning cases, such as Miles and Hartley, and how they have shaped the path of the law.

“Mom, When They Look at Me, They See Dollar Signs” How rehab recruiters are luring recovering opioid addicts into a deadly cycle.

Source: Julia Lurie, Mother Jones, March/April 2019

….The addiction community has a name for what happened to Brianne. It’s called the “Florida shuffle,” a cycle wherein recovering users are wooed aggressively by rehabs and freelance “patient brokers” in an effort to fill beds and collect insurance money. The brokers, often current or former drug users, troll for customers on social media, at Narcotics Anonymous meetings, and on the streets of treatment hubs such as the Florida coast and Southern California’s “Rehab Riviera.” The rehabs themselves exist in a quasi-medical realm where evidence-based care is rare, licensed medical staffers are optional, conflicts of interest are rampant, and regulation is stunningly lax.

While experts say the practices described in this story are widespread, it is important to note that there are plenty of responsible treatment providers, and not all the facilities named engage in all the practices described. Recovery Villas, which was raided by Florida authorities last summer on suspicion of insurance fraud and is now under investigation by the state, did not respond to my questions. A Compass Detox spokesman said that paying clients for treatment and giving them drugs between rehab stints “is illegal and we don’t do that.” Compass obeys all relevant laws and regulations, he emphasized…..

Workism Is Making Americans Miserable

Source: Derek Thompson, The Atlantic, February 24, 2019

For the college-educated elite, work has morphed into a religious identity—promising identity, transcendence, and community, but failing to deliver.

…. The economists of the early 20th century did not foresee that work might evolve from a means of material production to a means of identity production. They failed to anticipate that, for the poor and middle class, work would remain a necessity; but for the college-educated elite, it would morph into a kind of religion, promising identity, transcendence, and community. Call it workism. ….

The ‘Hidden Mechanisms’ That Help Those Born Rich to Excel in Elite Jobs

Source: Joe Pinsker, The Atlantic, February 26, 2019

When two sociologists interviewed highly paid architects, TV producers, actors, and accountants, they encountered work cultures that favor the already affluent. ….

Over the past five years, the sociologists Daniel Laurison and Sam Friedman have uncovered a striking, consistent pattern in data about England’s workforce: Not only are people born into working-class families far less likely than those born wealthy to get an elite job—but they also, on average, earn 16 percent less in the same fields of work.

Laurison and Friedman dug further into the data, but statistical analyses could only get them so far. So they immersed themselves in the cultures of modern workplaces, speaking with workers—around 175 in all—in four prestigious professional settings: a TV-broadcasting company, a multinational accounting firm, an architecture firm, and the world of self-employed actors.

The result of this research is Laurison and Friedman’s new book, The Class Ceiling: Why It Pays to Be Privileged, which shows how the customs of elite workplaces can favor those who grew up wealthier. The authors describe a series of “hidden mechanisms”—such as unwritten codes of office behavior and informal systems of professional advancement—that benefit the already affluent while disadvantaging those with working-class backgrounds. ….

…. Laurison: I think that a lot of people, on some level what they think they’re doing when they sponsor young co-workers is spotting talent—they called it “talent-mapping” in the accounting firm we studied. But a lot of people we talked to were also able to reflect and say, “Part of why I was excited about that person, probably, is because they reminded me of a younger version of myself.” The word we use in sociology is homophily—people like people who are like themselves.

One of the big ideas of the book, for me, is it’s really hard for any given individual in any given situation to fully parse what’s actual talent or intelligence or merit, and what’s, Gosh, that person reminds me of me, or I feel an affinity for them because we can talk about skiing or our trips to the Bahamas. Part of it is also that what your criteria are for a good worker often comes from what you think makes you a good worker.

Pinsker: In the workplaces you studied, who tended to lose out in these systems of sponsorship?

Laurison: In three of the four fields we studied, it was poor and working-class people, and also women and people of color. There are lots of axes along which homophily can cloud senior people’s judgment about who’s meritorious. ….

Organizational Dissolutions in the Public Sector: An Empirical Analysis of Municipal Utility Water Districts

Source: Tima T Moldogaziev, Tyler A Scott, Robert A Greer, Journal of Public Administration Research and Theory, Advance Articles, February 17, 2019
(subscription required)

From the abstract:
The proliferation of special-purpose districts and the increasing complexity of local governance systems has been well documented. However, even as new special districts are created, others are being dissolved. This article investigates the extent to which both internal and external factors are at play in municipal utility district dissolutions. Decades of existing empirical studies on private, nonprofit, and interest organizations show that factors internal to organizations, such as institutional structure and resources are significant covariates of organizational mortality. Equally important are external factors, where density dependence and resource partitioning pressures influence organizational survival. Public sector organizations, such as special-purpose water districts, operate in relatively well monitored and statutorily constrained environments, however. Drawing upon the organizational mortality literature, we examine when and why municipal utility water districts that operate in fragmented service delivery systems dissolve. The results show that the relationship between internal and external organizational variables and special-purpose organizational dissolutions is more nuanced than existing research suggests.