LSN: Collective Bargaining Law (Topic)最新文献

{"title":"A Modest Blueprint for Representing Working People and Labor Unions in Fraught Times","authors":"J. Harkavy","doi":"10.2139/ssrn.3450619","DOIUrl":"https://doi.org/10.2139/ssrn.3450619","url":null,"abstract":"This article suggests approaches to dealing with the current anti-union climate in the American workplace. Building on examples of what union-side lawyers did when faced with the challenge of representing labor unions in Southern textile mills, the article makes a number of specific suggestions to counter what observers have termed a relentless assault on labor involving unchecked corporate power accompanied by income inequality and a decline in the well-being of working Americans. The article recommends, among other things, imposition of employer fiduciary responsibility for workers, a more clarion collective voice in the Supreme Court for working people, and increased use of state laws and federal antitrust laws to combat inequities in the workplace.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123652447","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}

{"title":"Economic Democracy in the 21st Century: The Vote in Labour, Capital and Public Services","authors":"E. McGaughey","doi":"10.31228/osf.io/q9bew","DOIUrl":"https://doi.org/10.31228/osf.io/q9bew","url":null,"abstract":"How should power be shared in the economy? This article offers a framework, and three models, for making choices about the economy’s main legal institutions: for property in capital, the obligations related to work, and organisation of corporate persons. An authoritarian economic model entails financial institution or director control of capital; a duty to work and state control of unions; and the principle of ‘leadership’. A neo-liberal model advocates individual capital ownership including employee share schemes; individual ‘freedom’ of contract and privatised unions; and information and consultation as the limits of voice. A democratic model advocates diverse share ownership through pensions, wealth funds, and public bodies; collective bargaining and independent unions; and codetermination for workers and citizens based on one-person, one vote. Most countries have an unsettled mixture of these models. The UK, Germany, and the US are analysed as case studies, and empirical evidence is summarised which suggests that a more democratic economy enables greater human development. Because reason and evidence will remain the basis for public policy and debate, it seems economic democracy in the 21st century will swiftly become reality.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125692712","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}

{"title":"Trade Unions’ Rights, Work Councils’ Functions and the Legal Framework for Governing European Corporations: A Spanish Perspective","authors":"J. Landa","doi":"10.35295/OSLS.IISL/0000-0000-0000-1010","DOIUrl":"https://doi.org/10.35295/OSLS.IISL/0000-0000-0000-1010","url":null,"abstract":"This paper provides analytical research about changing legislation on the functions of work councils and trade unions in participating in the decision making process at firm level in European countries with systems of double channel based models of representation (like Spain, France or Germany). The paper tests European regulations on the involvement of workers in management decisions, in connection with national rulings passed in some European countries, especially during the financial crisis. The paper will aim at responding the following key questions: What kind of complementarity is to be statutorily built between the functions of work councils and collective agreements in order to guarantee workers’ participation in the governance of corporations? Is codetermination a more effective system than collective bargaining to build on new forms of corporate governance in a transnational context? El presente artículo ofrece una investigación analítica de la cambiante legislación sobre las funciones de los comités de empresa y de los sindicatos para participar en los procesos de toma de decisiones en el seno de la empresa, en países europeos con sistemas basados en la doble representación, como España, Francia y Alemania. El artículo pone a prueba la capacidad de las regulaciones para implicar a los trabajadores en decisiones administrativas, en relación con legislaciones nacionales aprobadas en algunos países, especialmente durante la crisis financiera. El artículo se propone responder a las siguientes preguntas claves: ¿Qué tipo de complementariedad estatutaria debería construirse entre las funciones de los comités de empresa y los acuerdos colectivos para garantizar la participación de los trabajadores en el gobierno de las empresas? ¿Es acaso la codeterminación un sistema más efectivo que la negociación colectiva para construir nuevas formas de gobernanza corporativa en un contexto trasnacional?","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114966668","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}

{"title":"Brief of Amicus Curiae Professor Samuel Estreicher in Support of Defendants-Appellees in Chamber of Commerce of United States v. City of Seattle, No. 17-35640 (9th Circuit)","authors":"S. Estreicher","doi":"10.2139/SSRN.3114769","DOIUrl":"https://doi.org/10.2139/SSRN.3114769","url":null,"abstract":"Companies like Uber and Lyft contend that, because drivers are independent contractors and not employees under the U.S.'s various labor and employment laws, any attempt to form unions or bargain collectively for higher wages violates antitrust laws. \u0000Until now, that assumption has been widely shared -- but it's based on a failure to understand why concerted activity by workers is protected against antitrust liability. Labor’s antitrust shield was established by the 1914 Clayton Act, in which Congress determined that “the labor of a human being is not an article in commerce.” \u0000Conventionally, only workers defined as “employees” are viewed as having the right to organize without violating antitrust laws. Individuals are considered employees only if their boss can control when and how they do their work – what is called the common law’s “right to control” test. \u0000Under this view, people who provide their products or services directly to the public are prohibited from banding together with peers to try to raise wages and improve working conditions. For all intents and purposes, these independent contractors are considered business owners. They can form associations to share information and lobby for their interests -- like the American Bar Association or the so-called Freelancers Union -- but cannot form an organization that insists on collective bargaining. Allowing businesses to join together with competitors to fix prices or carve up markets, the argument goes, represents a combination against the welfare of consumers. \u0000A Seattle ordinance, passed in 2015, would protect drivers from being fired for engaging in joint action. Given the prevailing “right to control” test, Uber and Lyft drivers may not be protected by all employment laws. But at the very least, they are entitled to engage in collective action without risk of antitrust liability. This is because of the Clayton Act, which preceded by two decades the affirmative legislation of the 1930s. In 1941, the Supreme Court confirmed that the Clayton Act, coupled with a latter statute broadening the scope of a protected “labor dispute,” established the right of workers to organize in their own interests free of civil and criminal liability under the antitrust laws. \u0000The antitrust exemption applies to workers who sell only their services, without any significant capital investment. Individuals who are principally engaged in selling goods are not covered by the exemption. Neither are those whose services involve investments in an office space and equipment, hiring staff, and advertising themselves as a business. The only investment that Uber and Lyft drivers make to their \"businesses\" is to supply their own vehicles. These drivers are “laborers” or “workers” under the Clayton Act exemption from the antitrust laws. \u0000Seattle’s involvement in setting a framework for collective bargaining and protection from retaliation does not alter the availability of the exemption for the drivers in seeking to improv","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134234920","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}

{"title":"2020 Supreme Court Commentary: Employment Law","authors":"J. Harkavy","doi":"10.2139/SSRN.3023745","DOIUrl":"https://doi.org/10.2139/SSRN.3023745","url":null,"abstract":"This article, the author's longstanding annual review of the Supreme Court's work in the employment area, examines in detail every decision of the 2016-2017 term relating to employment and labor law, with commentary on each case and additional observations about the Court's work in this term and the upcoming one. In particular, the author uses the latest term's decisions as a lens for examining broader aspects of the Court's jurisprudence, particularly in light of disruptive changes in the nature of the employment relationship and in the composition of the Court itself.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"264 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132877111","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}

{"title":"Collective Bargaining on Employment Security: The Influence of the Legal Framework","authors":"N. Zekić","doi":"10.2139/ssrn.2920653","DOIUrl":"https://doi.org/10.2139/ssrn.2920653","url":null,"abstract":"Employers’ organisations and trade unions (also called the social partners) are given a central role to play in the specification of employment security into concrete regulations through collective bargaining. The question is how employment security can be implemented through collective bargaining. This contribution builds on the assumption that collective bargaining outcomes are influenced by inter alia political, socio-economic, and legal constrains. The article seeks to explore the legal framework of collective bargaining in which employment security is (to be) developed and to point out the ways in which this framework can have an effect on employment security and the way it is being shaped.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122248723","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}

{"title":"Analysis of Some of the Unanswered Questions that the Labour Collective Bargaining Presents Under the Framework of the Spanish Public Administration","authors":"Carlos J. Arroyo","doi":"10.17573/ipar.2016.2-3.09","DOIUrl":"https://doi.org/10.17573/ipar.2016.2-3.09","url":null,"abstract":"The collective bargaining over working conditions of employees in the Public Administration service finds a number of features that in some cases do not always have a clear legal protection and in others, they have some specific characteristics exclusively in the public sector, thus, making it necessary to proceed to its analysis.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133092729","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}

{"title":"Unions and unequal pay: The establishment of the “family wage”","authors":"Lilach Lurie","doi":"10.2139/SSRN.2661484","DOIUrl":"https://doi.org/10.2139/SSRN.2661484","url":null,"abstract":"The Israeli Male and Female Workers Equal Pay Law of 1996 declares that men and women are entitled to equal pay for the same work. Nevertheless, most sectoral collective agreements in Israel afford only men with the right to a \"family supplement\". The current article seeks to understand the historical and sociological origins of \"family supplement\" arrangements through both historical archival research and comparative research. The research shows that Histadrut established the family supplement as part of its efforts to establish an egalitarian and just society in the first half of the twentieth century. Nonetheless, through the national struggle towards an egalitarian state (and a family supplement), the interests of women as a group were neglected. While family supplement arrangements could have been justified in the first half of the twentieth century, they certainly cannot be justified in the twenty-first century.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129791319","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}

{"title":"Complexity and Simplicity in Australian Enterprise Agreements: Coding Framework, List of Agreements and Chi Square Tables","authors":"C. Sutherland","doi":"10.2139/ssrn.2314864","DOIUrl":"https://doi.org/10.2139/ssrn.2314864","url":null,"abstract":"This is a background paper for a project that maps the evolution of enterprise agreements in Australia through the lens of complexity/simplicity. Drawing on Peter Schuck’s four features of complexity - technicality, density, differentiation and uncertainty - the project develops a multi-dimensional framework to categorise the complexity of enterprise agreements. The empirical study uses content analysis techniques to assess enterprise agreements made within the federal workplace relations system between 1993 and 2011 in the higher education and fast food sectors. To allow other researchers to replicate or build on this work, this background paper includes the coding framework, list of agreements and cross-tabulation tables for the project.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126591101","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}

{"title":"Unions and Workers' Welfare in Chinese Firms","authors":"Yang Yao, Ninghua Zhong","doi":"10.2139/ssrn.1796008","DOIUrl":"https://doi.org/10.2139/ssrn.1796008","url":null,"abstract":"Based on a survey of 1,268 firms in 12 cities, this paper empirically studies unions’ effects on worker welfare in China. Regressions carried out on a rich set of specifications show that unionization is significantly associated with higher hourly wages and larger pension coverage and weakly associated with lower monthly working hours. Further econometric analysis finds that unions promote individual and collective contracts. The effect of collective contracts vanishes when unions are present, whereas individual contracts have independent and positive effects. In addition, unions have effects on workers’ welfare independent of collective and individual contracts.","PeriodicalId":373008,"journal":{"name":"LSN: Collective Bargaining Law (Topic)","volume":"88 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120825275","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}