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277 result(s) for "grievance process"
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Appealing to justice
Having gained unique access to California prisoners and corrections officials and to thousands of prisoners' written grievances and institutional responses, Kitty Calavita and Valerie Jenness take us inside one of the most significant, yet largely invisible, institutions in the United States. Drawing on sometimes startlingly candid interviews with prisoners and prison staff, as well as on official records, the authors walk us through the byzantine grievance process, which begins with prisoners filing claims and ends after four levels of review, with corrections officials usually denying requests for remedies.Appealing to Justiceis both an unprecedented study of disputing in an extremely asymmetrical setting and a rare glimpse of daily life inside this most closed of institutions. Quoting extensively from their interviews with prisoners and officials, the authors give voice to those who are almost never heard from. These voices unsettle conventional wisdoms within the sociological literature-for example, about the reluctance of vulnerable and/or stigmatized populations to name injuries and file claims, and about the relentlessly adversarial subjectivities of prisoners and correctional officials-and they do so with striking poignancy. Ultimately,Appealing to Justicereveals a system fraught with impediments and dilemmas, which delivers neither justice, nor efficiency, nor constitutional conditions of confinement.
Delivering Solidarity: Platform Architecture and Collective Contention in China’s Platform Economy
This study examines how and when labor control and management leads to collective resistance in China’s food-delivery platform economy. I develop the concept of “platform architecture” to examine the technological, legal, and organizational aspects of control and management in the labor process and the variable relationships between them. Analyzing 68 in-depth interviews, ethnographic data, and 87 cases of strikes and protests, I compare the platform architecture of service and gig platforms and examine the relationship between their respective architecture and labor contention. I argue that specific differences in platform architecture diffuse or heighten collective contention. Within the service platform, technological control and management generates work dissatisfaction, but the legal and organizational dimensions contain grievances and reduce the appeal of, and spaces for, collective contention. Conversely, within the gig platform, all three dimensions of platform architecture reinforce one another, escalating grievances, enhancing the appeal of collective contention, and providing spaces for mobilizing solidarity and collective action. As a result, gig platform couriers are more likely to consider their work relations exploitative and to mobilize contention, despite facing higher barriers to collective action due to the atomization of their work.
A Simultaneous Analysis of Grievance Activity and Outcome Decisions
The authors develop an approach for simultaneously analyzing the determinants of grievance filing activity and grievance outcomes at each stage of the grievance process. The value of this approach is demonstrated by an analysis of grievance data from a Canadian private sector firm for the years 1980-81, which shows that the determinants of the propensity to file a grievance (such as the subject matter of the grievance and past grievance filing activity) and the determinants of decision outcomes (particularly personal characteristics of the grievant) both varied across stages of the grievance process.
A Comparison of Interest Arbitrator Decision-Making in Experimental and Field Settings
Recent studies have investigated arbitrator decision rules in both experimental and field settings. The authors of this paper evaluate the external validity of experimental studies by comparing the decisions made in an experiment with those made in actual cases by the same arbitrators. The results show that when the single-issue decisions made in the experiment are compared with the multi-issue decisions made in many field cases, the arbitrators' decision models in the two settings (as indicated by the weights they attached to various facts of the case and their level of uncertainty about which offer to choose) appear to differ; but when the experimental data are compared to the decisions in the sample of field cases in which the wage was the only issue, the decision models are substantially the same.
How do Arbitrators Treat External Law?
This study examines arbitrators' treatment of external law in 106 cases decided between January 1980 and June 1985 in which at least one of the parties had filed an unfair labor practice charge with the NLRB. The author finds that although approximately half of the arbitrators cited external law in their opinions-more than would be assumed from the literature-most of these arbitrators engaged in only cursory or conclusory consideration of relevant external law. Other findings are that few arbitrators explicitly refused to consider external law, and the rate of arbitral consideration of external law did not change in response to a 1984 NLRB decision that made it more likely that the NLRB would defer to an arbitrator's decision.
Salary Arbitration and Pre-Arbitration Negotiation in Major League Baseball
Two assumptions in this analysis of baseball salary arbitration are that (1) players and clubs, to serve their interests in pre-arbitration negotiation, submit final offers to maximize and minimize, respectively, the expected value of the arbitrator's decision, and (2) arbitrators whose decisions are predictably biased are not appointed to settle player disputes, because such arbitrators are vetoed by one or the other side. These assumptions allow the authors to estimate the effects of several variables on arbitrators' decisions in 1984-91 cases. They find statistically significant effects for four variables that the industry's collective bargaining agreement identifies as matters arbitrators should consider-the player's performance during the previous season, the length and consistency of the player's career performance, previous compensation, and the club's recent performance-and for one variable not mentioned in that agreement-player position.
Ethnicity and civil war
If a civil war begins, it is more likely to be initiated by an ethnic group than any other type of group. We argue that ethnic groups, on average, are likely to have more grievances against the state, are likely to have an easier time organizing support and mobilizing a movement, and are more likely to face difficult-to-resolve bargaining problems. We further argue that each of these factors was likely due to three pre-existing patterns associated with ethnicity. First, when political power is divided along ethnic lines, ruling elites can disproportionately favor their own ethnic group at the expense of others. This creates grievances that fall along ethnic lines. Second, ethnic groups tend to live together in concentrated spaces, sharing the same language and customs, and enjoying deep ties with ethnic kin. This means that ethnic groups, if they are aggrieved, will have an easier time mobilizing support to demand change. Third, the fact that ethnic identity tends to be less elastic than other types of identity means that credible commitments to any bargain – before and during a conflict— will be more difficult to make. The result is that ethnic groups will have a greater number of reasons, opportunities, and incentives to mobilize and fight than non-ethnic groups.
Revisiting the Concept of Voice: Expression of Grievances across the English and Welsh National Health Service
This article reexamines the notion of voice in law and society scholarship, which has focused on journeys to complaints and claims. Using the English and Welsh National Health Service as a case study, it argues that looking at the articulation of grievances through a large number of channels across a large service sector offers new opportunities to examine a range of different political logics underpinning voicing mechanisms. Two key arguments emerge. First, it becomes clear that expressions of dissatisfaction can be collected for a variety of purposes other than dispute resolution or conflict management. Formal grievance procedures, rendered legitimate by concepts of rights and due process, not only interact with but compete with other ways of serving the collective good. The second key finding is that when looked at in isolation, the concept of voice can usefully be studied as a discrete concept rather than just a vital component of claiming.
Grievances do matter in mobilization
This article proposes that by studying grievances as not only materially but also ideationally constituted claims, scholars can gain analytical leverage on puzzles of social movement emergence and development. This meaning-laden approach to grievances recognizes that the ideas with which some claims are imbued might be more conducive to motivating political resistance than others. The approach is inherently grounded in context—scholars begin by understanding the meanings that grievances take on in particular times and places. But it is also potentially generalizable; as scholars uncover the ways in which apparently different grievances may index similar ideas across time and place, those grievances can be categorized similarly and their potential relationship to social mobilization explored. Drawing on evidence from the 2000 Bolivian water wars, the article proposes that market driven threats to subsistence resources offer one such potential categorization.
Ecological Grief and the Dual Process Model of Coping with Bereavement
The Dual Process Model of Coping with Bereavement (DPM, by Stroebe and Schut) is a well-known framework in contemporary grief research and counselling. It depicts how mourners oscillate between various tasks and reactions. There is a need to engage more with the intense feelings of loss (Loss-Oriented tasks), but also with other things in life and other parts of the adjustment process after a loss (Restoration-Oriented tasks). This interdisciplinary article applies the framework to ecological grief and extends it to collective levels. While the DPM has been broadened to family dynamics, many subjects of grief are even more collective and require mourning from whole communities or societies. Religious communities can play an important role in this. This article provides a new application called the DPM-EcoSocial and discusses the various tasks named in it, which are ultimately based on the grief researcher Worden’s work. The particularities of ecological grief are discussed, such as the complications caused by guilt dynamics, climate change denial, attribution differences about climate disasters, and nonfinite losses. Grief and grievance are intimately connected in ecological grief, and (religious) communities have important tasks for remembrance, mourning, and witness. The collective processes can lead to meaning reconstruction, transilience, and adversarial growth.