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This book has its origins in an M.I.T. research project that was
funded by the U.S. Environmental Protection Agency (EPA). Our
immediate objective was to prepare a set of case studies that
examined bargaining and negotiation as they occurred between
government, environmental advocates, and regulatees throughout the
traditional regulatory process. The project was part of a larger
effort by the EPA to make environmental regulation more efficient
and less litigious. The principal investigator for the research
effort was Lawrence Sus skind of the Department of Urban Studies
and Planning. Eight case studies were prepared under the joint
supervision of Susskind and the authors of this book. Studying the
negotiating behavior of parties as we worked our way through an
environmental dispute proved enlightening. We observed missed oppor
tunities for settlement, negotiating tactics that backfired, and
strategies that ap peared to be grounded more in intuition than in
thoughtful analysis. At the same time, however, we were struck by
how often the parties ultimately managed to muddle through. People
negotiated not out of some idealistic commitment to consensus but
because they thought it better served their own interests. When
some negotiations reached an impasse, people improvised mediation.
These disputants succeeded in spite of legal and institutional
barriers, even though few of them had a sophisticated understanding
of negotiation."
This book has its origins in an M.I.T. research project that was
funded by the U.S. Environmental Protection Agency (EPA). Our
immediate objective was to prepare a set of case studies that
examined bargaining and negotiation as they occurred between
government, environmental advocates, and regulatees throughout the
traditional regulatory process. The project was part of a larger
effort by the EPA to make environmental regulation more efficient
and less litigious. The principal investigator for the research
effort was Lawrence Sus skind of the Department of Urban Studies
and Planning. Eight case studies were prepared under the joint
supervision of Susskind and the authors of this book. Studying the
negotiating behavior of parties as we worked our way through an
environmental dispute proved enlightening. We observed missed oppor
tunities for settlement, negotiating tactics that backfired, and
strategies that ap peared to be grounded more in intuition than in
thoughtful analysis. At the same time, however, we were struck by
how often the parties ultimately managed to muddle through. People
negotiated not out of some idealistic commitment to consensus but
because they thought it better served their own interests. When
some negotiations reached an impasse, people improvised mediation.
These disputants succeeded in spite of legal and institutional
barriers, even though few of them had a sophisticated understanding
of negotiation."
Assessing the role of government regulation in occupational safety
issues. In 1977, a grain elevator explosion in Westwego, Louisiana,
took the lives of thirty-five workers. The next year, fifty-one men
who were working on cooling tower for a West Viginia power plant
died when their support scaffolding collapsed. And more recently, a
Senate subcommittee hearing revealed that the incidence of lung
cancer among uranium miners is nearly four times the national
average rate for men of the same age. Clearly, as Lawrence Bacow
writes in this book, occupational safety and health is a big
problem that may be getting bigger.What can be done about it? This
book argues that OSHA is not up to the task. Most accidents are
caused by hazards that are unique to individual firms. A single
regulatory authority like OSHA cannot be everywhere at once; it
lacks the resources needed to ferret out firm-specific hazards and
to ensure day-to-day compliance with health and safety regulations.
If government is to make the workplace safe, it must enlist the
help of the parties that have the greatest influence over safety
and health on the job-labor and management.Bargaining for Job
Safety and Health examines how labor and management work together
and against each other to abate occupational hazards. It describes
OSHA's influence, both positive and negative, over collective
bargaining on health and safety issues. Through a series of case
studies in develops a theory to explain why some unions are more
aggressive than others in pursuing health and safety objectives.
The book also outlines strategies that OSHA might take to encourage
labor and management to assume a larger role in curbing job hazards
through collective bargaining. Although it focuses on job safety
and health, this book draws a number of very interesting parallels
between OSHA and other types of regulatory programs. It should
interest a wide audience, including labor and management officials,
health and safety professionals, policymakers, labor relations
scholars, and others interested in regulatory reform and program
design.
A memoir of MIT life, from being Noam Chomsky's boss to negotiating
with student protesters. When Jay Keyser arrived at MIT in 1977 to
head the Department of Linguistics and Philosophy, he writes, he
"felt like a fish that had been introduced to water for the first
time." At MIT, a colleague grabbed him by the lapels to discuss
dark matter; Noam Chomsky called him "boss" (double SOB spelled
backward?); and engaging in conflict resolution made him feel like
"a marriage counselor trying to reconcile a union between a
Jehovah's witness and a vampire." In Mens et Mania, Keyser recounts
his academic and administrative adventures during a career of more
than thirty years. Keyser describes the administrative side of his
MIT life, not only as department head but also as Associate Provost
and Special Assistant to the Chancellor. Keyser had to run a
department ("budgets were like horoscopes") and negotiate student
grievances-from the legality of showing Deep Throat in a dormitory
to the uproar caused by the arrests of students for anti-apartheid
demonstrations. Keyser also describes a visiting Japanese
delegation horrified by the disrepair of the linguistics department
offices (Chomsky tells them "Our motto is: Physically shabby.
Intellectually first class."); convincing a student not to jump off
the roof of the Green Building; and recent attempts to look at MIT
through a corporate lens. And he explains the special
faculty-student bond at MIT: the faculty sees the students as
themselves thirty years earlier. Keyser observes that MIT is hard
to get into and even harder to leave, for faculty as well as for
students. Writing about retirement, Keyser quotes the song Groucho
Marx sang in Animal Crackers as he was leaving a party-"Hello, I
must be going." Students famously say "Tech is hell." Keyser
says,"It's been a helluva party." This entertaining and
thought-provoking memoir will make readers glad that Keyser hasn't
quite left.
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