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11 Indus. Rel. L.J. 414 (1989)
Overriding Importance of Market Characteristics for the Selection of Pay Equity Strategies: The Relative Efficacy of Collective Bargaining and Litigation in the Nursing Industry

handle is hein.journals/berkjemp11 and id is 424 raw text is: The Overriding Importance of Market Characteristics for the Selection of Pay Equity Strategies: The Relative Efficacy of Collective Bargaining and Litigation in the Nursing Industry M. Neil Brownet Andrea M. Giampetro-Meyertt Contemporary debate over efforts to reduce the male-female wage gap tends to focus on the desirability of tampering with market forces. Compa- rable-worth litigation has run head-on into the market defense, whereby employers justify apparently discriminatory wage patterns as based on fac- tors other than sex. Pursuing pay equity through collective bargaining has also proven problematic. Professors Browne and Giampetro-Meyer assert that an examination of the market characteristics of the specific labor market in which pay equity is sought should be a fundamental step in the selection and implementation of any pay equity strategy. The authors also suggest that the courts have erroneously approached comparable-worth liti- gation by relying on abstract market theories, and should instead focus on the realities of the specific markets involved in the litigation at hand. INTRODUCTION ................................................ 415 I. WHY MARKET DEFINITION IS VITAL TO PAY EQUITY SEEKERS ................................................. 418 II. THE APPLICABILITY OF COMPARABLE WORTH TO THE LABOR MARKET FOR NURSES ............................. 421 A. The Need for a Market-by-Market Analysis ............ 421 B. Labor Market Experiences of Nurses ................... 423 1. The Mobility of Nurses ............................ 423 2. The Market Power of Nurses ...................... 425 t Distinguished Teaching Professor of Economics, Bowling Green State University, Bowling Green, Ohio; Ph.D., University of Texas, 1969; J.D., University of Toledo, 1981. tt Assistant Professor of Management and Law, Loyola College, Baltimore, Maryland; J.D., William and Mary, 1985. © Industrial Relations Law Journal, Volume 11, No. 3, 1989.

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