Labor Law eJournal最新文献

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'Everybody Knows What a Picket Line Means': Picketing Before the British Columbia Court of Appeal “人人都知道纠察线意味着什么”:不列颠哥伦比亚省上诉法院前的纠察线
Labor Law eJournal Pub Date : 2009-11-03 DOI: 10.14288/BCS.V0I162.271
J. Fudge, E. Tucker
{"title":"'Everybody Knows What a Picket Line Means': Picketing Before the British Columbia Court of Appeal","authors":"J. Fudge, E. Tucker","doi":"10.14288/BCS.V0I162.271","DOIUrl":"https://doi.org/10.14288/BCS.V0I162.271","url":null,"abstract":"The general hostility of courts towards workers’ collective action is well documented, but even against that standard the restrictive approach of the British Columbia Court of Appeal stands out. Although this trend first became apparent in a series of cases before World War II in which the court treated peaceful picketing as unlawful and narrowly interpreted British Columbia’s Trade Union Act (1902), which limited trade unions’ common law liability, this study will focus on the court’s post-War jurisprudence. The legal environment for trade union activity was radically altered during World War II by PC 1003, which provided unions with a procedural mechanism for acquiring collective bargaining rights and imposed a duty on employers to recognize and bargain in good faith with certified unions. At the end of the war, all provinces, including British Columbia, enacted collective bargaining legislation based on this model. The law, however, did not alter the judicially created common law rules governing collective action. As a result, important questions about the interaction between the statutory regime and the common law were unresolved. As trade union membership grew and labour militancy increased, the British Columbia Court of Appeal was soon given the opportunity to address these issues and in a series of decisions handed down through the 1950s and 1960s it narrowly limited the ambit for lawful workers’ collective action. The Social Credit government largely supported the court’s approach but when the first NDP government in British Columbia was elected in 1972 it stripped the court of its power to regulate picketing and transferred it to an administrative board. This chapter will examine the court’s work during this period and investigate the reasons for the court’s approach, taking into account the economic, social and political context of British Columbia as well as considering the backgrounds and attitudes of the members of the court during this period.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130992788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unionized Oligopoly and Outsourcing 工会化寡头垄断和外包
Labor Law eJournal Pub Date : 2009-09-01 DOI: 10.7835/JCC-BERJ-2009-0032
A. Melkumian
{"title":"Unionized Oligopoly and Outsourcing","authors":"A. Melkumian","doi":"10.7835/JCC-BERJ-2009-0032","DOIUrl":"https://doi.org/10.7835/JCC-BERJ-2009-0032","url":null,"abstract":"The interaction between labor unions and international competition has received a lot of attention. In the first decade of the 21st century, increasing number of companies in unionized oligopolistic industries has shifted production abroad. However, the issue of outsourcing in the context of a unionized duopoly has received little attention. In this paper, I model the option to outsource in the context of unionized labor markets in exporting industries. I show that if the inverse demand function is convex, then an increase in the foreign wage increases the utility of a wage neutral union. I find that if the domestic firm can credibly threaten to shift production abroad, then an increase in the outsourcing country’s wage may increase domestic profits if the union is labor-oriented.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"9 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131438185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Public Interest Lawyers and Resistance Movements 公益律师和抵抗运动
Labor Law eJournal Pub Date : 2007-10-23 DOI: 10.15779/Z389412
Sameer M. Ashar
{"title":"Public Interest Lawyers and Resistance Movements","authors":"Sameer M. Ashar","doi":"10.15779/Z389412","DOIUrl":"https://doi.org/10.15779/Z389412","url":null,"abstract":"A major strand of social justice activism, both within and outside the United States, finds purpose in opposition to the economic, political, and social conditions of globalization and neoliberalism. In the course of these campaigns, sometimes targeting the state and at other times powerful private entities, these numerous, loosely-linked movements of resistance both confront and creatively make use of legal structures, including courts, elected officials, and regulatory agencies. The adversarial campaign for immigrant workers in New York against a corporate chain of high-end restaurants that is the subject of this article began in August 2003 and lasted eighteen months. It included a range of legal and extralegal pressure tactics initiated by both sides, including direct action protests, attempts to influence customers, elected officials, and funders, lawsuits in state and federal court, and charges before the National Labor Relations Board. It ended with the negotiation of a comprehensive settlement agreement between the worker-members of the Restaurant Opportunities Center of New York (ROC-NY), a worker center based in Manhattan, and the corporation. This article will focus on the role of the lawyers and law students in the campaign and notes significant discontinuities from past public interest practice, including revised thinking on the accountability of lawyers to clients and the use of rights and rights-talk in adversarial campaigns. Additionally, this article focuses on the role of lawyers in relation to social movements, as intermediaries with the state and agents of cross-racial and globalized resistance movements.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"26 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120852806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 16
Fetishizing the Electoral Process: The NLRB's Problematic Embrace of Electoral Formalism 拜物教选举过程:NLRB对选举形式主义的有问题的拥抱
Labor Law eJournal Pub Date : 2007-08-24 DOI: 10.2139/ssrn.1009636
J. Dillard, Joel F Dillard
{"title":"Fetishizing the Electoral Process: The NLRB's Problematic Embrace of Electoral Formalism","authors":"J. Dillard, Joel F Dillard","doi":"10.2139/ssrn.1009636","DOIUrl":"https://doi.org/10.2139/ssrn.1009636","url":null,"abstract":"This paper addresses the issue of employee free choice in the union representation context, focusing on the current debate at the National Labor Relations Board regarding voluntary recognition. In a voluntary recognition process, also known as card-check, an employer recognizes the union as the employees' exclusive bargaining agent if the majority of employees sign cards authorizing the union to bargain for them, rather than relying on a Board-supervised election process. Currently, an employer may sign a card-check agreement with a union, agreeing to recognize the union upon a majority showing of signed cards. First, this paper describes the two broad categories of methods used in labor law to identify employee free choice: formalism and realism. Second, the paper provides a brief history of the methods used to identify a union's majority support, identifying the political tensions that shaped those methods. Third, the paper discusses the current debate over representation recognition issues. The paper analyzes the Board's historical and current methods for recognizing a union and critiques the anti- and pro-union arguments on the voluntary recognition issue. The paper then uses the anti- and pro-union arguments to discuss the shortcomings of the current methods of union recognition. Finally, the paper demonstrates the systemic issues inherent in the current recognition methods and proposes some potential reforms that will begin to rectify these problems.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116983238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Two Representatives but No Representation - An Analysis of Two Cases from Estonia 有两个代表,但没有代表——对爱沙尼亚两个案例的分析
Labor Law eJournal Pub Date : 2007-02-28 DOI: 10.2139/ssrn.968800
E. Kallaste, K. Jaakson, Raul Eamets
{"title":"Two Representatives but No Representation - An Analysis of Two Cases from Estonia","authors":"E. Kallaste, K. Jaakson, Raul Eamets","doi":"10.2139/ssrn.968800","DOIUrl":"https://doi.org/10.2139/ssrn.968800","url":null,"abstract":"he authors analyse why the institution of non-unionised employ-ees’ representatives (NER) is created if its functions overlap with those of the unions, including collective bargaining and information-consultation. We aim to find how NERs are created and what their role in comparison to unionised representatives is. The case study involves interviews with representatives and the managing director, as well as a survey of the employees in two companies. The results show that with a weak union, employers initiated the institution of NER in order to involve the whole workforce in the collective agreement. NER was elected by employees even though the institution was initiated by employer. The roles of the two representatives do not differ much, the main function for both being collective bargaining with minor provision for information and consultation.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130914051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Employment Policy and Bankruptcy Law - Does Legal Tradition Matter? 就业政策与破产法——法律传统重要吗?
Labor Law eJournal Pub Date : 2006-02-01 DOI: 10.2139/ssrn.884163
Nuno Garoupa, António José Morgado
{"title":"Employment Policy and Bankruptcy Law - Does Legal Tradition Matter?","authors":"Nuno Garoupa, António José Morgado","doi":"10.2139/ssrn.884163","DOIUrl":"https://doi.org/10.2139/ssrn.884163","url":null,"abstract":"In this paper we analyze the relationship between strictness of employment protection and efficiency of bankruptcy law. We argue that country's legal tradition provides the appropriate institutional proxy to explain the nature of such relationship. We find that for civil law countries where bankruptcy procedures are more inefficient a stricter employment protection policy is enforced. For common law countries no relationship between employment protection and bankruptcy law is obtained. These results support the thesis that inefficiencies in bankruptcy law help employment protection policies for interventionist governments. They are also consistent with normative theories of bankruptcy for common law countries.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115288700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Sputtering Labor Force of the 21st Century. Can Social Policy Help? 21世纪的劳动力短缺。社会政策有帮助吗?
Labor Law eJournal Pub Date : 2001-05-01 DOI: 10.2139/ssrn.274155
D. Ellwood
{"title":"The Sputtering Labor Force of the 21st Century. Can Social Policy Help?","authors":"D. Ellwood","doi":"10.2139/ssrn.274155","DOIUrl":"https://doi.org/10.2139/ssrn.274155","url":null,"abstract":"Disclosed is a method and apparatus for continuously molding plastic parts. Basically, the apparatus comprises a pair of spaced, rotatable, indexable trunnion transfer units or wheels having a plurality of cradles thereon for receiving and transporting carrier bars. The wheels are indexable to a number of stations at which various activities take place and are positioned on either side of the mold area of a conventional molding machine. A carrier bar having affixed thereto a plurality of cores for the part to be molded, for example, is transported by the rotating wheel from the bottom of the first wheel to a first station where an insert may be added to the core and thence to the top position of the wheel where the carrier bar is transferred to a conveyor which in turn transports the carrier bar to the mold. After completion of the molding cycle, the carrier bar with the molded parts thereon, is transported by the conveyor to the top of the second wheel where it is inserted thereon. The second wheel is then rotated to a first station where additional parts may be affixed to the molded part and thence to a second station where the molded parts are unloaded from the cores on the carrier bar. After unloading, the parts are moved by conveyor or other means for further processing or are deposited in a storage container. Thereafter, the second wheel is indexed to a third station where the empty carrier bar is transferred to an inclined track for return to the first wheel where the process is repeated. The method and apparatus can be employed to transport a carrier bar having either cores or inserts thereon depending upon the part to be molded.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116242804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 44
Workers&Apos; Rights: Rethinking Protective Labor Legislation Workers&Apos;权利:重新思考劳动保护立法
Labor Law eJournal Pub Date : 1985-10-01 DOI: 10.3386/W1754
Ronald G. Ehrenberg
{"title":"Workers&Apos; Rights: Rethinking Protective Labor Legislation","authors":"Ronald G. Ehrenberg","doi":"10.3386/W1754","DOIUrl":"https://doi.org/10.3386/W1754","url":null,"abstract":"This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed,the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects ofpolicy changes, and the existing empirical estimates of the likely magnitudes of these effects.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"31 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1985-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114085594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 12
Agreement-Making Under Workchoices: The Impact of the Legal Framework on Bargaining Practices and Outcomes 工作选择下的协议制定:法律框架对议价实践和结果的影响
Labor Law eJournal Pub Date : 1900-01-01 DOI: 10.2139/SSRN.1847007
C. Sutherland
{"title":"Agreement-Making Under Workchoices: The Impact of the Legal Framework on Bargaining Practices and Outcomes","authors":"C. Sutherland","doi":"10.2139/SSRN.1847007","DOIUrl":"https://doi.org/10.2139/SSRN.1847007","url":null,"abstract":"Executive Summary:1. The Work Choices reforms substantially altered the rules for making agreements. This report identifies at least 15 ways in which the legal framework has shifted the balance of bargaining power away from employees.2. The introduction of a ‘Fairness Test’ purports to remedy the effects of just one of these changes: the removal of the ‘no disadvantage test’. It is clear that this single measure will be unable to address the multiple ways in which the framework undermines the bargaining position ofemployees.3. Contrary to the Government’s assertions, the Fairness Test is not, by any measure, stronger Than the former ‘no disadvantage test’ - the new test is clearly narrower in scope and provides fewer procedural protections than the former test. Overall, there must be considerable doubt that The Fairness Test will provide outcomes which are procedurally or substantively fair for employees.4. The emerging evidence of outcomes under workplace agreements confirms that the potential for the new framework to undermine the bargaining position of employees has been realised. Data on employer greenfields agreements strongly suggests that substantial numbers of employees have received no compensation for the removal of protected award conditions via these agreements. A combination of statistical and anecdotal evidence leads to a similar conclusion in relation to AWAs.5. In the case of collective agreements, the report highlights a number of templates which are being used to set the terms and conditions of employment for retail and hospitality workers. Following a reduction in the involvement of traditional third parties in agreement-making (ie, the AIRC and unions), these templates have been adopted (often without alteration) by many employers. The effect is to allow an alternative third party - the industrial relations consultant - to exercise significant influence over the content of agreements.6. The widespread replication of these templates in collective agreements in the retail and hospitality industries suggests that there is very little genuine bargaining taking place. A study of the templates themselves reveals the extent to which it is possible for an employer to reduce and remove employee benefits through the powerful mechanism of the Work Choices workplace agreement. The templates provide instances of the reduction of employee rights of control over hours of work, rostering, job location and job functions. The effect of these provisions is not only to displace conditions from awards and State legislation, but also to jeopardise the rights of an employee under his or her individual contract of employment.7. The report also highlights some of the problems which have arisen because of the removal of a certification or vetting process before agreements are approved. The existence of provisions in Agreement-Making under Work Choices III agreements which fall below the ‘safety net’, or which mislead employees about their legal entitle","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134006197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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