1. C.C. Heckscher, The New Unionism (New York, 1988).

2. K.E. Klare, "The Public/Private Distinction in Labor Law," University of Pennsylvania Law Review, 1982, 130:1358-1422.

3. There exists a vast legal literature on the employment-at-will doctrine. For an introduction to this literature, with references for further reading, see Note, "Protecting Employees at Will against Wrongful Discharge: The Public Policy Exception," Harvard Law Review, 1983, 96:1931-51. For an argument in support of the at-will doctrine, see R. A. Epstein, "In Defense of the Contract at Will," University of Chicago Law Review, 1984, 51:946-87.

4. For a comparison of at-will employment practices with unionized systems ruled by outside arbitration, see C.W. Summers, "Individual Protections against Unjust Dismissal: Time for a Statute," Virginia Law Review, 1976, 62:481-532.

5. Mentzer, "Unions' Right to Information," 247-82.

6. T. A. Kochan, H. C. Katz, and R. B. McKersie, The Transformation of American Industrial Relations (New York, 1986).

7. D.W. Ewing, Justice on the Job: Resolving Grievances in the Nonunion Workplace (Boston, 1989).

8. T.A. Kochan, R. B. McKersie, and J. Chalykoff, "The Effects of Corporate Strategy and Workplace Innovations on Union Representation," Industrial and Labor Relations Review, 1986, 39(4):487-501; J. Firito, C. Lowman, and E D. Nelson, "The Impact of Human Resource Policies on Union Organizing," Industrial Relations, 1987, 26(2):113-26.

9. W. T. Dickens, D. R. Wholey, and J. C. Robinson, "Correlates of Union Support in NLRB Elections," Industrial Relations, 1987, 26(3):240-52. The 1983 election-level statistical analyses discussed in chapter 3 also found a strong inverse relationship between the size of the bargaining unit and the probability of union success.

10. Heckscher, New Unionism.

11. Kochan, Katz, and McKersie, Transformation of American Industrial Relations.

12. T.A. Kochan, H. C. Katz, and N. R. Mower, Worker Participation and American Unions: Threat or Opportunity? (Kalamazoo, Mich., 1984).

13. W.N. Outten and N.A. Kinigstein, The Rights of Employees: The Basic ACLU Guide to an Employee's Rights (New York, 1984).

14. Payne v. Western & ARR, 81 Tenn. 507 (1884),

15. Note, "The Public Policy Exception," 1931-51; D.T. Schibley, "The Employment-at-Will Doctrine: Providing a Public Policy Exception to Improve Worker Safety," University of Michigan Journal of Law Reform, 1983, 16(2):435-48.

16. Occupational Safety and Health Act of 1970, 1l(c), 29 U.S.C. 660(c); Clean Air Act Amendments of 1977, 312(a), 42 U.S.C. 7622(a); Federal Water Pollution Control Act Amendments of 1972, 507(a), 33 U.S.C. 1367.

17. M.H. Malin, "Protecting the Whistleblower from Retaliatory Discharge," University of Michigan Journal of Law Reform, 1983, 16(2):277-318.

18. Bureau of National Affairs, Occupational Safety and Health Reporter, 13 June 1990, 38.

19. Occupational Safety and Health Administration, "Advance Notice of Proposed Rulemaking: Generic Standard for Exposure Monitoring," 53 Federal Register 37591 (1988); id., "Advance Notice of Proposed Rulemaking: Medical Surveillance Programs for Employees," 53 Federal Register 37595 (1988).

20. Schulte and Ringen, "Notification of Workers at High Risk," 485-91; Bayer, "Notifying Workers at Risk," 1352-56; Bureau of National Affairs, "High Risk Notification: Questions, Controversies Remain as House Action On Milestone Legislation Nears," Occupational Safety and Health Reporter, 7 October 1987, 813-16.

21. Employee Health and Safety Whistleblower Act, H.R. 3368, 101st Congress.

22. M. Witt and S. Early, "The Worker as Safety Inspector," Working Papers 1980, 21-29; R. Kasperson, "Worker Participation in Protection: The Swedish Alternative," Environment 1983, 25(4):13-43.

23. New Jersey Hazard Elimination through Local Participation Act, Assembly no. 2832, 1990.