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46 Syracuse L. Rev. 1 (1995-1996)
Carve-Outs and the Privitization of Workers' Compensation in Collective Bargaining Agreements

handle is hein.journals/syrlr46 and id is 11 raw text is: CARVE-OUTS AND THE PRIVATIZATION OF WORKERS' COMPENSATION IN COLLECTIVE BARGAINING AGREEMENTS Ellyn Moscowitzt Victor J. Van Bourg#t CONTENTS INTRODUCTION ................................. 2 I. THE FUNDAMENTALS OF THE CURRENT WORKERS' COMPENSATION SYSTEM AND THE MYTH OF THE NON-ADVERSARIAL PROCESS ...................... 8 II. THE TREND TOWARDS PRIVATIZATION ................ 14 A. Perceived Problems with the Existing Workers' Compensation System ..................... 14 B. The First Collective Bargaining and Workers' Compensation Legislation: The Massachusetts Model 18 C. Other State Statutes ....................... 23 D. A Closer Look at the Contracts .............. 27 1. Massachusetts ........................ 27 2. California ........................... 29 3. Florida ............................. 33 t Ellyn Moscowitz teaches at the University of San Francisco Law School, and has practiced law in the area of labor law and workers' compensation. She is co-author of the book CALIFORNIA PARALEGAL PRACTICE SERIES: WORKERS' COMPENSATION (Bancroft- Whitney). The authors wish to thank Steven Siemers, Jim Ellenberger, John Plotz, Doug Kim, John Lewis, Trisha McAlmond, Richard Robyn, Patrick McTeague, Joe Dart, Ed Welch, Don Elisberg, and Lucy Gallagher, who contributed their thoughts, opinions and advice to this article. The authors would also like to thank Jay Lee, J.D. 1995, University of San Francisco Law School, for his invaluable research skills. tt Victor J. Van Bourg is the Senior Partner of Van Bourg, Weinberg, Roger and Rosenfeld, a union-side labor law firm in the San Francisco Bay area. Mr. Van Bourg is counsel to many construction, service, industrial and public employee trade unions, including General Counsel to the International Association of Bridge, Structural & Ornamental Iron Workers' Union in Washington D.C. The opinions expressed in this article are of the authors only, and do not implicitly or explicitly reflect the views of any particular labor union.