Political Science 382A
Labor Politics, Policy and Law
Fall, 2003
Blackboard address: http://blackboard.binghamton.edu
Instructor: David Louis Cingranelli, x72435
Office Hours: T, 12:45-1:45pm in LNG-56 and W, 2:00-4pm in the CIW, Center for Academic Excellence. If you wish to see me at the CIW office, please make an appointment by calling X76594.
E-Mail: davidc@binghamton.edu
The purpose of this course is to teach you about the field of labor politics, policies and law including such topics as:
● Workers’ rights as internationally recognized human rights,
● How economic globalization is affecting respect for workers’ rights in the US and around the world,
● How democratization is affecting respect for workers’ rights around the world.
● What are the most important public policies affecting workers’ rights in the United States?
● What public policies workers in the United States want.
● What public policies employers in the United States want.
● Who makes policies toward workers in the United States,
● How are labor policies made in other countries,
● The history of US government policy towards workers.
● Theories that might explain public policies providing greater or lesser protection of workers’ rights by the US government.
● How economic globalization affects government respect for workers’ rights.
● How one can take a scientific approach to the comparative study of workers’ rights.
Grading: Your grade in this course will be based on an in-class exam on October 21 (30%), a final exam (30%), a short paper due on November 25 (30%) and participation (10%). I do not grade on a curve. That means that everyone in the class could get an "A" or everyone could get a "C". However, in the past, about 20 percent of the students who have taken an intermediate level course from me have earned an "A" or "A-", about 60 percent have earned some sort of "B," and the remaining 20 percent have earned a "C" or worse. Here are a few pointers designed to help you get a good grade:
● High quality participation (the kind that earns an "A" or an "A-") requires frequent attendance, evidence that you have read the assignments at the time they are discussed, and a willingness to participate in class discussions. After the add deadline, I will keep a record of attendance. Excessive absences will result in a lower grade.
● Start your paper early and turn it in on time. Late papers will be penalized one-third of a letter grade for each week (or portion of a week) they are late up to one full letter grade. All assignments are due in class on the day indicated in this syllabus.
● Make-up exams and grades of "Incomplete" are discouraged. Both create serious equity problems for everyone in the course.
● Bring the readings assigned for that day to class if you have copies. I will refer to them often, so, if you have them with you, you can make appropriate notes.
The Research Paper The draft of Parts I and II are due October 9 in class. The entire final paper is due November 25. You will be assigned one workers’ right recognized by the International Labor Organization (for example, the right to a safe and healthy workplace). Your task will be to conduct research about the history of US public policy designed to protect that right and then write a short paper using the following format:
● In Part I of your paper you should explain the meaning of the right and the importance of respect for this right in ensuring the dignity of workers. You should also include a paragraph explaining of the recognition of this right in ILO conventions and recommendations and, if applicable, international human rights agreements. This should account for about one page of your paper.
● In Part II, you should describe what provisions would have to be present in a national labor policy for that policy to be fully compliant with ILO conventions and recommendations. You should think of these provisions as the "necessary conditions for full compliance" with the ILO. One of the necessary conditions for full compliance with every ILO standard is that at least 95% of all workers who ought to be protected (according to the ILO) are protected under US law. This section of your paper should be one to two pages in length. The format should be a list of the necessary conditions with a brief explanation of why each element of the list is included. I will provide an example in class. Ideally, you should justify the inclusion of a necessary condition on the basis of particular provisions of an ILO Convention or Recommendation. In that case, simply quote from the provision in the ILO document. Also list the Convention/Recommendation number and date. The full text of each Convention and Recommendation can be found on the ILO web site. In some cases, the language of the Convention/Recommendation may be unclear, but N. Valticos and G. von Potobosky in their book, International Labor Law, 1995, may provide clarification. Their book often describes how international courts have interpreted the language of ILO Conventions. In those cases, simply cite their book, providing the appropriate page numbers. Part II should account for about one to one and one-half pages of your paper.
● Part III should be titled "The History of US Policy on ________." In this part you should explain how and when the US government first began to protect the worker’s right under consideration. Was the first policy put in place as a result of a law passed by Congress, an Executive Order, a federal court decision, or a decision by the National Labor Relations Board? What percentage of US workers were initially covered by the protection? What efforts were made to enforce/implement the new protections? In Part III, you should also describe all pertinent laws, Executive Orders, court decisions, and NLRB decisions that subsequently expanded upon or reduced the protections provided workers or the categories of workers covered in the initial policy.
● In Part IV, you should compare and contrast the PRESENT US policy protecting the right under consideration with the ILO standard for national policies protecting that right. What, if anything, in current US policy would have to be changed for the US policy to be in full compliance with ILO recommendations and conventions? Are there any serious proposals to change current US policy in this area? To what extent is this right protected by state laws? If possible list the states that have adopted laws that meet the international standard. Is the enforcement/implementation of the current national policy sincere, enthusiastic, and effective? If possible, use labor statistics (such as information about the number of serious injuries at work) to make your points about policy effectiveness.
● Part V should contain your recommendations concerning US policy on the right under consideration. Should the policy be changed? In what way? Why?
In evaluating the major writing assignment required in this course, I will consider the following criteria:
1. Does the paper have a good beginning? Part I should be short, but it should contain all of the necessary information required by the assignment and it should provide the reader with a "road map" of what is to come and a summary of your main conclusion.
2. Is the organization of the paper responsive to the instructor's assignment?
3. Is the paper comprehensive? Or have important issues or historical events been overlooked?
4. Is the paper concise? Or does it contain irrelevant material, give too much attention to weak arguments, or contain loosely structured sentences and paragraphs?
5. Is the analysis objective? Or does the author appear to be biased and not fairly presenting the evidence?
6. Does the evidence support the conclusions about US policy protecting this particular workers’ right?
7. Is the paper accurate? Are there any factual errors?
8. Is the paper well documented with accurate and enough citations in the text? Does it cite the assigned readings for the course where such citations are appropriate? Does it make use of any primary source material such as ILO Conventions or Recommendations or international human rights agreements? Does it make use of very current materials? Does it make use of a wide variety of materials (books, articles, documents, speeches, and interviews)? Among other items, your bibliography should include some sources drawn from scholarly journals and books. It also should include the most up-to-date information available on the current status of US policy and proposed changes, if any. Electronic sources, newspapers, and magazines will be the best places to look for the most recent information.
9. Is the format of the documentation correct? Documentation should conform to a standard style sheet. If you do not have one, I suggest that you purchase Kate L. Turabian's MANUAL FOR WRITERS. It is available at the bookstore. I think the APA Style (parenthetical references and reference lists) is easiest to use, and it is described in chapters 8, 11, 12, and 13 of the fifth edition.
10. Is the paper clearly written and understandable, with a minimum of grammar, punctuation, and spelling errors?
11. Is the length of the paper appropriate?
12. Did I learn something new from reading this paper?
Remember that this is a research paper. Consult multiple sources including some print sources and some sources other than the ones assigned in this class. Use any standard form of documentation. The maximum length of this paper is ten double-spaced pages including tables, but not including the title page and references. Use a 12-point font and one-inch margins. Number your pages. Include a cover page with your name, the title of the paper, and the date you submitted the paper to me. Staple your paper in the top left corner.
Submit one copy of your paper as a hard copy. Send a second copy to the Blackboard digital drop box. I prefer that you send this electronic copy in WORD format. My second preference is that it be sent as a Word Perfect file. If you do not have either of these word processing programs, submit your materials in ASCII format. I will use the date and time stamp on the Blackboard version to determine if and when a paper was turned in. Any paper submitted to the Blackboard drop box by midnight on the day it was due will be considered "on time." You can turn in the hard copy later.
You may propose an alternative topic for your research paper, but your proposal should be made in writing by the end of September. It should be related to the general topic of workers’ rights and should require original research comparable to what is required in the research paper outlined above. For example, one student in an earlier course proposed to conduct an analysis of national and state laws protecting workers from employment discrimination based on sexual orientation. Another conducted an analysis of state and national laws on company-provided pensions. Still another compared protections of workers’ rights in the United States with protections enacted in other countries. These topics were acceptable, because they are directly related to issues of workers’ rights and are as challenging as the ones I will give you.
Participation: I expect that you will attend regularly and come prepared to discuss each week's readings. The frequency of your attendance and the quality of your participation will determine your participation grade. If you rarely miss class and if you contribute often to class discussion, showing that you have read the assigned material, you will receive an A for your participation grade. If you miss class often or contribute less often or at a lower level than I expect, your grade will be adjusted downward.
Books: The following books may be purchased at the Campus Store. All readings with an asterisk are on reserve.
Anderson, Sarah and John Cavanagh with Thea Lee, Field Guide to the Global Economy
Goldstein, Robert Justin, Political Repression in Modern America
Human Rights Watch, Unfair Advantage.
Potter, Edward E. and Judith A. Youngman, Keeping America Competitive.
TOPICS AND READINGS
If a reading is not from a book suggested for purchase, it should be on reserve in the Bartle Library Reserve Room.
9/2 Introduction to the course
AMERICAN LABOR IN COMPARATIVE PERSPECTIVE
9/4 The International Labor Organization as a Source of International Labor Standards
Unfair Advantage, pp. 1-39.
Keeping America Competitive, pp. 1-25.
9/9 Freedom of Association Under Human Rights and U.S. Labor Law
Unfair Advantage, pp. 40-70.
9/11 Case Studies of Violations of Workers’ Freedom of Association
Unfair Advantage, pp. 71-135.
9/16 Case Studies of Violations of Workers’ Freedom of Association (Continued)
Unfair Advantage, pp. 135-170.
9/18 Legal Obstacles to U.S. Workers’ Exercise of Freedom of Association
Unfair Advantage, pp. 171- 190
9/23 The Right to Strike and Permanent Replacements in US Labor Law.
Unfair Advantage, pp. 190-213
The film, AMERICAN DREAM, will be shown on this day.
Keeping America Competitive, Chapter 8.
9/25 Discussion of the film, AMERICAN DREAM.
Before class on this day spend a couple of hours exploring some websites related to issues of US labor policy. A list of websites will be put on the blackboard. Write a one-page paper on an issue discussed in one of them. Bring it to class for discussion. Turn the paper in at the end of class as evidence of your active participation.
9/30 Comparison With Other Advanced Industrial Nations
Keeping America Competitive, Chapter 7.
10/2 Workers’ Rights in Less Developed Countries
Before class on this day spend another couple of hours exploring some additional websites, this time websites related to international labor issues. Write a one-page paper on an issue discussed in one of them. Bring it to class for discussion. Again, turn the paper in at the end of class as evidence of your active participation.
HISTORICAL CONTEXT
10/7 The Repression of Labor: 1873-1937
POLITICAL REPRESSION IN MODERN AMERICA, Introduction and Chapter 1.
Keeping America Competitive, Chapter 9.
10/9 The Development of Repressive Techniques, 1873-1900,
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 2.
Keeping America Competitive, Chapter 10.
The draft of Parts I and II of your paper is due.
10/14 The Progressive Era
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 3.
Keeping America Competitive, Chapter 11.
10/16 World War I: Wilson’s New Freedom
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 4.
Keeping America Competitive, Chapter 12.
10/21 In-class Exam.
10/23 The Great Red Scare of 1919-1920
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 5.
Keeping America Competitive, Chapter 13.
10/28 The 1920s: Conformity for the Masses, Repression for the Few
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 6
Keeping America Competitive, Conclusion.
10/30 The Great Depression and the New Deal
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 7
11/4 The Coming of the New War
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 8
11/6 Truman-McCarthyism, 1946-1954
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 9
11/11 An Interlude Between the Wars, 1954-1964
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 10
11/13 The Vietnam War Era, 1965-1975
POLITICAL REPRESSION IN MODERN AMERICA, Chapter 11
11/18 Goldsteins Generalizations
POLITICAL REPRESSION IN MODERN AMERICA, Conclusion
11/20 An Alternative Short History
Keeping America Competitive, Introduction and Chapters 1 and 2.
ECONOMIC GLOBALIZATION: LEVELLING UP OR A RACE TO THE BOTTOM?
11/25 Your Paper is Due.
Field Guide to the Global Economy, Foreword, Parts I and II.
11/27: No Class. Thanksgiving Break
12/2 The Employer’s Perspective
Keeping America Competitive, Chapters 3-4.
12/4 Globalization Myths
Field Guide to the Global Economy, Part III.
12/9 Topic to be Determined
Reading to be Assigned
12/11 Course Evaluation and Wrap-up.