Ellen Dannin (1951 - November 6, 2023) [1] was an American professor who taught and wrote primarily about American and New Zealand labor and employment law. She also wrote about privatization of government services and public infrastructure. Her last law school position was as the Fannie Weiss Distinguished Faculty Scholar and professor of law at Penn State Dickinson School of Law. [2]
Dannin was born in Flint, Michigan in 1951. The family moved to Frankfort, Indiana after her father, Arthur Dannin, finished his residency in Osteopathy. Her parents were divorced in 1957, and her mother Jean Dannin moved their three children to St. Paris, Ohio.
In 1975, Dannin received a Bachelor of Arts degree from the University of Michigan with High Honors and High Distinction, and the History Department's Best Thesis Award for a study of the 19th century women's suffrage and rights movement. In 1978, Dannin received a Juris Doctor degree with High Honors from the University of Michigan Law School. While in law school, she was an Administrative Editor [3] for the University of Michigan Journal of Law Reform, the editor of the Women Law Student Association Newsletter, [4] and a co-teaching fellow with Debra Armbruster for an undergraduate course—Women and the Law. [5]
After law school, Dannin clerked for Cornelia G. Kennedy, a judge on the United States District Court for the Eastern District of Michigan in Detroit, Michigan. She clerked for Judge Kennedy from 1978 to 1979. When Kennedy was elevated in 1979 to the United States Court of Appeals for the Sixth Circuit, Dannin clerked for her for a second year (from 1979 to 1980). [5] [6]
From 1980 to 1991 Dannin was an attorney for the National Labor Relations Board (NLRB), in the seventh regional office in Detroit. [6] During that period, she was appointed as a visiting professor at the Department of Commerce at Massey University in Palmerston North, New Zealand, and spent all of 1990 in New Zealand. From 1991 to 2002, she was a professor of law at California Western School of Law in San Diego, California.
In 1992, she took a leave of absence to spend a year as a scholar in residence at the Center for Industrial Relations (now known as the Centre for Labour, Employment and Work) at Victoria University of Wellington, New Zealand, [7] : vii and returned in 1994 as a scholar in residence in its Law Department. In 1996 she was a scholar in residence at the University of Otago in Dunedin, New Zealand, and held a similar position at the University of Waikato in Hamilton, New Zealand. She returned to Victoria University as a scholar in residence in 1997.
Concurrently with her position at California Western, she held a position as a visiting professor in the Program in Union Leadership and Administration at the University of Massachusetts Amherst from 1999 to 2002, and was a visiting professor of law at the University of Michigan in 2002. In 2002, she permanently left California Western and obtained an appointment as a professor of law at the Wayne State University Law School. She left Wayne State in 2006.
In the fall of 2006, she became a professor of law at the Dickinson School of Law at Pennsylvania State University. [2] [8] Dannin left Penn State Dickinson School of Law in 2013.
Dannin's research interests focus on United States labor law, New Zealand labour law, collective bargaining, privatization of infrastructure and of services, and legal education.
Dannin’s first book, Working Free: The Origins and Impact of New Zealand's Employment Contracts Act (1997), described the events that followed the enactment of the Employment Contracts Act (ECA) in 1991. The ECA upended the system of collective bargaining that had been in place since 1894, and reduced workers’ ability to bargain collectively on their own behalf. [9] There were large demonstrations against the ECA and talk of a general strike. However, there was insufficient power to pull off the general strike. [7] : Chapter 8 The last half of the book describes the various effects the ECA had in creating a new form of employee - employer relationships.
Dannin's most recent book is Taking Back the Workers' Law: How to Fight the Assault on Labor Rights, with a foreword by former Congressman David E. Bonior (2006). This book discusses court and NLRB rulings that have, in her view, undermined the National Labor Relations Act (NLRA) by stacking the deck against employees in their negotiations with employers. Among these are rulings on replacement of striking workers [10] : pp. 86–89 and implementation upon impasse (the doctrine that, at an impasse in negotiations, the employer may unilaterally implement their last offer [11] ). [10] : pp. 91–96 Dannin argues that labor attorneys should show the courts how these rulings undermine the goals that Congress wrote into Section 1 of the NLRA; these goals include equality of bargaining power between employees and employers, and the right of employees to join unions and to bargain collectively over terms and conditions of employment. [12]
Dannin also studied and wrote about privatization. In order to protect investors in toll roads, many highway privatization contracts contain noncompete clauses that reduce speed limits and impose restrictions on improvements to other nearby roads. [13] [14] [15] Dannin argues in [16] that when public assets such as highways and parking meters are privatized, noncompete and other clauses reduce accountability to the public because private entities are given power over policies that were previously made by elected officials.
In addition to articles in scholarly journals, [17] [18] Dannin has used blogging as a way to inform people about employment rights, unions, privatization, and conservative ideology, including ALEC and the Reason Foundation. [19] Dannin also co-wrote a 21-part series with law professor Ann C. Hodges about judicial rulings that, they argue, have weakened the NLRA. [20]
Dannin has been a member of a number of professional organizations, including the American Bar Association, State Bar of Michigan, Labor and Employment Relations Association (LERA), Law and Society Association, United Association for Labor Education, and the Association of American Law Schools.
For 15 years, Dannin was the editor of the LERA newsletter, Labor and the Law (now Labor and Employment Law News), a publication widely read by academics, lawyers and labor movement activists. [21]
She was an advisor to or reviewer for the Labor Law Journal , Berkeley Journal of Employment and Labor Law , Labor Studies Journal , Law and Society Review , WorkingUSA , and the Journal of Socio-Economics . She was Co-Chair, Collaborative Research Network 8 on Labor Rights, Law and Society Association 2003- 2013. She has also been a consultant for the United States Department of Labor (1987), U.S. General Accounting Office Workplace Quality Issues Panel (2003), and the New Zealand Department of Labour (1997). [5]
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
In the context of labor law in the United States, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law, U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather guarantee an employee's right to refrain from paying or being a member of a labor union.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.
Featherbedding is the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time-consuming merely to employ additional workers. The term "make-work" is sometimes used as a synonym for featherbedding.
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
The National Labor Board (NLB) was an independent agency of the United States Government established on August 5, 1933, to handle labor disputes arising under the National Industrial Recovery Act (NIRA).
Graduate student employee unionization, or academic student employee unionization, refers to labor unions that represent students who are employed by their college or university to teach classes, conduct research and perform clerical duties. As of 2014, there were at least 33 US graduate employee unions, 18 unrecognized unions in the United States, and 23 graduate employee unions in Canada. By 2019, it is estimated that there were 83,050 unionized student employees in certified bargaining units in the United States. As of 2023, there were at least 156 US graduate student employee unions and 23 graduate student employee unions in Canada.
Kate Bronfenbrenner is the Director of Labor Education Research at the Cornell University School of Industrial and Labor Relations. She is a leading authority on successful strategies in labor union organizing, and on the effects of outsourcing and offshoring on workers and worker rights.
The Federal Service Labor-Management Relations Statute is a federal law which establishes collective bargaining rights for most employees of the federal government in the United States. It was established under Title VII of the Civil Service Reform Act of 1978.
The Employee Free Choice Act is the name for several legislative bills on US labor law which have been proposed and sometimes introduced into one or both chambers of the U.S. Congress.
The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace is a legal treatise written by Charles J. Morris which analyzes collective bargaining under the National Labor Relations Act (NLRA), the federal statute governing most private sector labor relations in the United States. Published in 2005 by Cornell University Press, the text claims that the NLRA guarantees that employees under that Act have the right to bargain collectively through minority unions—but only on a members-only basis—in workplaces where there is not an established majority union, notwithstanding that the present practice and general understanding of the law is that only majority-union employees are entitled to engage in collective bargaining on an exclusivity basis. Contracts resulting from such minority-union bargaining would apply to union members only, not to other employees.
A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".
NLRB v. Truck Drivers Local 449 , 353 U.S. 87 (1957), is an 8-0 decision by the Supreme Court of the United States in which the Court held that a temporary lockout by a multi-employer bargaining group threatened by a whipsaw strike was lawful under the National Labor Relations Act (NLRA), as amended by the Taft-Hartley Act.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), is a United States labor law decision in which the Supreme Court of the United States denied an award of back pay to an undocumented worker, José Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant, along with several other employees. The case was originally filed against Hoffman by Dionisio Gonzalez, an organizer with the United Steelworkers.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
National Labor Relations Board v. Sands Manufacturing Co., 306 U.S. 332 (1939), is United States labor law case, decided by a majority of 5 to 2 by the Supreme Court of the United States, which overturned a decision by the National Labor Relations Board because it was not supported by substantial evidence. The Court defined collective bargaining under the National Labor Relations Act to mean that proposals and responses to proposals were pending, and that future meetings were being planned. Absent such conditions, bargaining was not occurring. The Court also held that an employer did not violate the Act if it chose to deal with the employees on an individual basis.
William Emanuel is an American lawyer and government official who formerly served as a member of the National Labor Relations Board. Prior to assuming that role, he was a shareholder at the law firm Littler Mendelson.
Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States on how two federal laws, the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA), relate to whether employment contracts can legally bar employees from collective arbitration. The Supreme Court had consolidated three cases, Epic Systems Corp. v Lewis, Ernst & Young LLP v. Morris (16-300), and National Labor Relations Board v. Murphy Oil USA, Inc. (16-307). In a 5–4 decision issued in May 2018, the Court ruled that arbitration agreements requiring individual arbitration and prohibiting class action lawsuits are enforceable under the FAA, regardless of allowances set out within the NLRA.