Partial strikes under the railway labor act: The need for a doctrine of unprotected concerted activity

In light of use by airline unions of partial-strike tactics, such as concerted refusals to bid for overtime work and so-called ” CHAOS” tactics involving unannounced refusals to fly after passengers have been ticketed and are ready to board, the authors examine whether the Railway Labor Act (RLA) should be interpreted to permit employers to discipline employees for engaging in such tactics, or whether these are a protected form of economic pressure. Although in many respects bargaining duties and economic weapons under the RLA are read consonant with precedents under the National Labor Relations Act (NLRA) (which governs all industries other than rail and air transport), there are a few decisions suggesting that during the period when self-help may be resorted to, employees can engage in partial strike activities as long as they violate no court order but are subject to permanent replacement in limited circumstances. These decisions, the authors submit, fail to take account of Supreme Court decsions since the 1930s that some economic pressures by unions, such as slowdowns and sitins, may not violate the labor laws but nor are they protected by those laws so as to immunize partial strikers from employer discipline. These decisions are not based on unique features of the NLRA. Rather, they give recognition to the background assumptions of Congress that employers may act to protect their property interests as long as they do not run afoul of NLRA or RLA protections and that employees who engage in partial-strike activities are subject to employer discipline even where not strictly necessary to maintain operations. Moreover, these tactics skew the bargaining process by giving employees an essentially risk-free gambit to pressure their economic position through planned disruption of carrier operations. Professor Estreicher is also labor and employment counsel to O’Melveny & Myers, LLP. The views expressed herein are the authors’ and should not be attributed to any organization. Hannah Breshin and Tom Jerman of O’Melveny & Myers, assisted the authors with this article. We also thank Professor Herbert Northrup for his helpful comments.     

浅析语境的作用及影响语境的因素

语境对交际双方的语言运用起制约和解释两种作用。说话人要选择适合语境的语言表达形式 ;听话人则借助语境弥补对话中省略的推理过程 ,或在有歧义的情况下选择词义。背景知识的多寡和相关性的高低是影响语境的重要因素。语境伴随语篇和交际而产生 ,并随着交际的推进层层展开 ,因而语境是动态的。交际者可以借助已有语境理解语篇 ,也可以主动地利用各种手段创造有利于交际的语境。     

Netzwerken: Reflexionen und Erfahrungen am Beispiel eines TrainerInnen und BeraterInnen-Netzwerkes

How are social networks organized and how much structure and openess do they have? The ambiguity of networking and the grade of organization are discussed and described theoretically and with an authentic example.     

Führung durch Selbstführung

This paper outlines the conceptual bases, strategies, and psychological attributes of leadership by self-leadership. In addition, relations to other theories of leadership are drawn. Dimensions and correlates of self-leadership competence are described and discussed. Various approaches for developing self-leadership competence are discussed as well.     

Spatial variation in soil inorganic nitrogen across an arid urban ecosystem

We explored variations in inorganic soil nitrogen (N) concentrations across metropolitan Phoenix, Arizona, and the surrounding desert using a probability-based synoptic survey. Data were examined using spatial statistics on the entire region, as well as for the desert and urban sites separately. Concentrations of both NO₃-N and NH₄-N were markedly higher and more heterogeneous amongst urban compared to desert soils. Regional variation in soil NO₃-N concentration was best explained by latitude, land use history, population density, along with percent cover of impervious surfaces and lawn, whereas soil NH₄-N concentrations were related to only latitude and population density. Within the urban area, patterns in both soil NO₃-N and NH₄-N were best predicted by elevation, population density and type of irrigation in the surrounding neighborhood. Spatial autocorrelation of soil NO₃-N concentrations explained 49% of variation among desert sites but was absent between urban sites. We suggest that inorganic soil N concentrations are controlled by a number of ‘local’ or ‘neighborhood’ human-related drivers in the city, rather than factors related to an urban-rural gradient.     

科学家的精神动力与爱国主义

一、科学家献身国防的精神动力爱因斯坦曾在普朗克六十寿诞的庆祝会上指出有三种科学探索的动机:“在科学的庙堂里有许多房舍,住在里面的人真是各式各样,而引导他们到那里去的动机实在也各不相同。有许多人所以爱好科学,是因为科学给他们以超乎常人的智力上的快感,科学是他们自己的特殊娱乐,他们在这种娱乐中寻求生动活泼的经验和雄心壮志的满足;在这座庙堂里,另外还有许多人所以把他们的脑力产物奉献在祭台上,为的是纯粹功利的目的……对于这些人来说,只要有机会,人类活动的任何领域他们都会去干;他们究竟成为工程师,官吏,商人,还是科学家,…     

汉藏美术比较研究

本文主要比较分析了汉藏两民族美术创作诸方面的相同之处和不同之处。作者认为，梳理两者的长与短是为了二者互相学习，互相交流，取长补短，使各自的美术创作获得更大的发展。     

略论中国艺术的审美取向

悠久灿烂的华夏文明 ,孕育了中国艺术鲜明独特的审美取向 ,概括起来主要有 :自然的旨趣 ;简淡的追求 ;飘逸的气质 ;空灵的境界     

王夫之对义、利的层次性及相对性的分析

义利观问题是中国伦理思想史的核心问题之一，历代思想家都十分重视对它的研究。王夫之在总结、继承前哲义利思想的基础上，提出了自己的义利观，并对义利进行了层次性及相对性的分析，既继承了传统道义论的精华，又极大地丰富了中国古代伦理思想的内涵。     

Simple detection of outlying short time series

Sets of relatively short time series arise in many situations. One aspect of their analysis may be the detection of outlying series. We examine the performance of standard normal outlier tests applied to the means, or to simple functions of the means, of AR(1) series, not necessarily of equal lengths. Although unequal lengths of series implies that the means have unequal variances, that are only known approximately, it is shown that nominal significance levels hold good under most circumstances. Thus a standard outlier test can usefully be applied, avoiding the complication of estimating the time series' parameters. The test's power is affected by unequal lengths, being higher when the slippage occurs in one of the longer series