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This chapter outlines the plethora of employee issues with which a liquidator must deal, not the least of which concern unions and labor relations. Retention and compensation of key management and staff to operate the business through liquidation are discussed. Termination of employees, collective bargaining agreements, and retirement, health, and other benefit plans in compliance with applicable regulations such as the WARN Act are addressed.

The basics of the employment relationship and the job security hierarchy are explained along with the major elements of contract law. Contracts may or may not include only the "four corners" of a contract letter, but such documents may also include faculty handbooks, memoranda of understanding, promises made during the interview process, past practices, and institutional culture. Prominent cases are examined as they pertain to the security of academic jobs.

This chapter begins with a brief outline of the challenges faced by unions in the context of austerity. It then draws on interviews undertaken as part of a research study carried out with UNI Global Union (the Global Union Federation for unions representing workers in private sector service industries) to explore new forms of unionism in the context of advanced austerity and neoliberalism. The chapter analyses three case studies (in each of Romania, the Dominican Republic and the United States) in sectors that have been hostile to unionization and that unions have traditionally found hard to organize. These unions successfully undertook activities including new forms of social movement and community-based unionism that have no immediate or obvious 'pay off', and activity that secured collective bargaining agreements and transformative increases in membership. These activities represent a broadening of union purpose and effective strategies in the face of the growing precarity, fragmented workforces, and globalization of work in the context of austerity.

At first blush, the UK and US case law and statutory regimes that are applicable in insolvency to employees and the unions that represent them appear to be quite different. However, a more thorough review reveals that the goal in both jurisdictions is the same: to reduce the harsh impact of insolvency on those who are usually the least at fault for the subject company’s predicament’its employees. Indeed, among other similarities, both systems provide for priority in right of payment for a portion of the compensation due employees, have stringent notice requirements in the event of termination or rejection of collective bargaining agreements, and require information sharing and good faith negotiations. The underlying objective of each system is to level the playing field and to incentivize the employer and the employees to reach a consensual solution to avoid the risks and burdens mandated by each regime. Whether the legislators, administrators, and jurists in either jurisdiction have gone too far or not far enough in developing tools for one side or the other will depend on the reader’s perspective.

The chapter focuses on the emergence of the “new NFL” in the 1990s and its economic foundation. Labor peace, television contracts, and stadium revenue played an important role in the progress of the NFL. The chapter examines Paul Tagliabue's analysis relating to the entertainment business, stadium economics, and labor peace. It presents a discussion on the collective bargaining agreement, marketing, and branding of NFL football, and the passion of the fans for the game. It discusses the stability in the financial structure of the NFL and the role of free agency in its prosperity. The imposition of a salary cap and shared revenues contributed to the emergence of the new NFL.

This chapter examines the evolution of labor's financial turn, wherein union funds relied on the cookbook to find common ground with other investors and to raise returns on their holdings. In several industries — including hospitals, hotels, and building services — unions drew on experiences to mount corporate campaigns that incorporated shareholder activism and other financial strategies. The chapter explores the collective bargaining agreement, which is a type of governance model that gives workers greater standing than under shareholder primacy. It explains how labor tweaked the cookbook to make it more compatible with a pro-worker approach to investing. The principles of transparency and accountability were invoked to press mutual funds to report their proxy votes and companies to reveal their political donations.

This chapter focuses on the end of the reserve clause, a standard term in player contracts in Major League Baseball that effectively bound a player to his team for his entire career, paving the way for free agency that would have important consequences for baseball's antitrust exemption. It first takes a look at the 1970 collective bargaining agreement between the team owners and the Players Association before discussing how the reserve clause disappeared despite baseball's immunity from federal antitrust law. It then examines the ruling of an arbitrator who determined that the reserve clause bound players only for the season after their contracts expired. It also explains how the decision revolutionized baseball, mainly in the form of increased salaries for the baseball players.

This chapter focuses on Article 20 of Directive 2019/790, order on copyright in the Digital Single Market in Europe, which analyzes the contract adjustment mechanism. It reviews the rights of authors and performers or their representatives in claiming additional, appropriate, and fair remuneration from the party with whom they entered into a contract for the exploitation of their rights in the absence of an applicable collective bargaining agreement. It also points out that authors and performers tend to be in the weaker contractual position when they grant a licence or transfer their rights for the purposes of exploitation in return for remuneration. The chapter analyzes certain contracts for the exploitation of rights harmonised at Union level that are of long duration. It talks about a remuneration adjustment mechanism that should be provided for cases where the remuneration originally agreed under a licence or a transfer of rights becomes disproportionately low.

This article examines the forms and functions of mediation. Mediation is commonly directed, not toward achieving conformity to norms, but toward the creation of the relevant norms themselves. It may be suggested that mediation is always, in any event, directed toward bringing about a more harmonious relationship between the parties. However, mediation can also be directed, not toward cementing a relationship, but toward terminating it. The article then looks at the negotiation of a collective bargaining agreement. The central quality of mediation is its capacity to reorient the parties toward each other, not by imposing rules on them, but by helping them to achieve a new and shared perception of their relationship, a perception that will redirect their attitudes and dispositions toward one another.