Author Archives: afscme

A Modest Blueprint for Representing Working People and Labor Unions in Fraught Times

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article suggests approaches to dealing with the current anti-union climate in the American workplace. Building on examples of what union-side lawyers did when faced with the challenge of representing labor unions in Southern textile mills, the article makes a number of specific suggestions to counter what observers have termed a relentless assault on labor involving unchecked corporate power accompanied by income inequality and a decline in the well-being of working Americans. The article recommends, among other things, imposition of employer fiduciary responsibility for workers, a more clarion collective voice in the Supreme Court for working people, and increased use of state laws and federal antitrust laws to combat inequities in the workplace.

2019 Supreme Court Commentary: Employment Law

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2018 Term (2018-2019) that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the decisions and on the Supreme Court’s regulation of the employment relationship. The article also summarizes briefly the grants of certiorari in employment-related cases for the October 2019 Term and concludes with brief commentary on justice in the American workplace.

State of the Workforce Report 2019

Source: National Association of State Workforce Agencies (NASWA), September 2019

From the press release:
The National Association of State Workforce Agencies (NASWA) released the first-ever, annual State of the Workforce Report, which includes national workforce data and a state profile of each of the 50 states, plus the District of Columbia.

“There is now a place for you to easily find key labor market information for each state and how their workforce agency is structured,” said Jon Pierpont, NASWA Board President and Executive Director, Utah Department of Workforce Services. “Though every state is different, we all work towards supporting citizens with every opportunity to become self-sustaining. This report shows our uniqueness and amplifies the impact workforce agencies are having throughout the country.”

The 50 state profiles include labor market and unemployment insurance information, an overview of the state’s workforce structure, and individuals served. The report also highlights the uniqueness of every state by promoting the innovations taking place across the country in serving America’s workforce.

Urban Regimes and the Policing of Strikes in Two Gilded Age Cities: New York and Chicago

Source: Richard Schneirov, Studies in American Political Development, First View, September 11, 2019
(subscription required)

From the abstract:
Since the 1980s, scholars have argued that during the Gilded Age urban party machines incorporated working people through the use of patronage, informal provision of personal welfare, and limited concessions, thereby eliminating sustained labor and Socialist Party alternatives and keeping workers’ militancy and assertiveness confined to the workplace. That view is challenged by a historical comparison of the policing of labor disputes in New York and Chicago. In New York, organized workers were eliminated from the governing coalition of the Swallowtail-Kelly regime that succeeded the Tweed Ring, and police routinely used coercion to defeat strikes and intimidate Socialists. In Chicago, however, labor and Socialists were part of the governing coalition of the Carter Harrison regime, and the police took a hands-off stance in many strikes. This article explores the contrast in policing and the balance of social forces in the two cities and seeks to explain the differences by examining the political settlements that concluded Reconstruction, the ethnic makeup of each city’s working classes, the different characteristics of each city’s labor movement, and labor’s ability to mount third-party challenges—all in the context of regional variations. It concludes that historians cannot assume that workers were incorporated into machines in this period.

Behavioral Health Provider Participation in Medicaid Value-Based Payment Models: An Environmental Scan and Policy Considerations

Source: Melissa Bailey, Rachael Matulis, Kelsey Brykman, Center for Health Care Strategies, September 2019

From the abstract:
Health care payers are increasingly shifting from fee-for-service payment systems that reward volume to adopt value-based payment (VBP) models that promote high-quality, cost-effective care. While increased access to and coordination of behavioral health services is a policy priority for federal and state policymakers, the extent that the behavioral health system is engaged in VBP is less well understood than its physical health counterpart. In partnership with the National Council for Behavioral Health, the Center for Health Care Strategies (CHCS) conducted interviews with representatives from behavioral health associations, community-based behavioral health providers, state agencies, Medicaid managed care organizations (MCOs), and other subject matter experts to understand the successes and challenges associated with implementing VBP in Medicaid behavioral health care.

Informed by these interviews and a review of state program guidelines, quality measures, and MCO contracts, this report provides: (1) an overview of the behavioral health system’s engagement in VBP in the U.S., with a focus on 11 states; (2) lessons on implementing VBP from the perspective of behavioral health providers; and (3) policy recommendations for how state and federal policymakers, MCOs, and other stakeholders can support the adoption of VBP within behavioral health care. It also identifies nine key themes that support successful behavioral health VBP design and implementation to inform efforts in states across the country.

Trends in State-Level Opinions toward the Affordable Care Act

Source: Julianna Pacheco; Elizabeth Maltby, Journal of Health Politics, Policy and Law, Volume 44, Issue 5, October 2019
(subscription required)

From the abstract:
Context:
This article argues that the devolution of the Affordable Care Act (ACA) to the states contributed to the slow progression of national public support for health care reform.

Methods:
sing small-area estimation techniques, the authors measured quarterly state ACA attitudes on five topics from 2009 to the start of the 2016 presidential election.

Findings:
Public support for the ACA increased after gubernatorial announcement of state-based exchanges. However, the adoption of federal or partnership marketplaces had virtually no effect on public opinion of the ACA and, in some cases, even decreased positive perceptions.

Conclusions:
The authors’ analyses point to the complexities in mass preferences toward the ACA and policy feedback more generally. The slow movement of national ACA support was due partly to state-level variations in policy making. The findings suggest that, as time progresses, attitudes in Republican-leaning states with state-based marketplaces will become more positive toward the ACA, presumably as residents begin to experience the positive effects of the law. More broadly, this work highlights the importance of looking at state-level variations in opinions and policies.

Race, Gender, and Equal Protection Jurisprudence

Source: Dan Ziebarth, George Washington University, Date Written: July 21, 2019

From the abstract:
This essay forwards the discussion of equal protection jurisprudence concerning considerations of fairness and equality in relation to race and gender through a four-section comparative assessment. Section I will describe the historical and jurisprudential background of issues and debates in racial discrimination. Section II will describe the historical and jurisprudential background of issues and debates in gender discrimination. Section III will analyze the distinct convergence and divergences that have appeared in constitutional interpretation of equal protection jurisprudence. Section IV will assess the underlying theoretical disparities between two major schools of thought in equal protection jurisprudence, referred to as colorblind constitutionalism and antisubordination constitutionalism. Finally, the conclusion will provide remarks on equal protection jurisprudence, discuss how this has affected the state of contemporary social affairs, and argue for the adoption of equal protection jurisprudence that focuses on just procedure, which targets the consistency in unbiased processes of judicial application, as opposed to the final decision, as principal in the determination of fair and equal treatment in the administration of justice.

Local Governments’ Responses to Revenue Changes: The Effects of Unreserved General Fund Balances

Source: Min Su, International Journal of Public Administration, Latest Articles, September 10, 2019

From the abstract:
Volatile revenues affect the quality and consistency of municipal service provision. This article investigates how cities use unreserved general fund balances to mitigate annual expenditure fluctuations when confronted with volatile revenues. Based on the analysis of a panel dataset of over two thousand American cities from 2003 to 2011, the fixed-effects regression results suggest that unreserved general fund balances reduce municipal expenditure fluctuations on a year-to-year basis. The expenditure-smoothing effects were more pronounced when municipal governments experienced large revenue changes. Results are robust when excluding large cities, using different cutting-points to define ‘moderate’ or ‘large’ revenue changes, and in recession and non-recession years. This article contributes to the local expenditure stabilization literature by recognizing the unreserved general fund balances’ expenditure-smoothing effects during ‘non-rainy days.’ It adds empirical evidence to the organizational theory that financial slack works as a crucial buffer against external changes and provides managerial discretion to local administrators.

Investigating Sales Tax Revenue Competition Among Principal Cities and Their Neighboring Cities in Texas

Source: Michael Overton & Julius Nukpezah, International Journal of Public Administration, Latest Articles, September 9, 2019

From the abstract:
While research has explored the economic importance of principal cities on regional economies, little is known about the short-run and long-run dynamic relationships between principal cities and their neighboring cities as it pertains to their sales tax revenue elasticities and the subsequent affect this has on horizontal tax competition. Using vector error correction models on data from six principal cities in Texas, the findings of this study suggest that the relationship between principal and neighboring cities is highly dynamic and unique for each principal city. The study recommends that local economic policies should reflect these unique relationships.

Outsourcing and Organizational Performance: The Employee Perspective

Source: Gyeo Reh Lee, Shinwoo Lee, Deanna Malatesta, Sergio Fernandez, The American Review of Public Administration, Volume 49 Issue 8, November 2019
(subscription required)

From the abstract:
We develop a conceptual framework that integrates and extends existing explanations of outsourcing’s effects on the government workforce and organizational performance. We then test our logic using 5 years of panel data (2010-2014) from U.S. federal agencies. The evidence presents modest negative effects of outsourcing on organizational performance as perceived by employees. The analysis also reveals that outsourcing affects perceived performance through its influence on job satisfaction.