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Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa

Lance A Compa

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Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Lance A Compa

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.

Coming Together For Human Rights, Lance A. Compa

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Trade unionists and human rights advocates started analysing antiunion tactics as violations of international human rights standards. They decided to reargue American labour law on a human rights foundation

Corporate Hypocrisy: Violations Of Trade Union Rights By European Multinational Companies In The United States, Lance A. Compa

Lance A Compa

Many European corporations adopt American management-style attitudes toward trade unions, notwithstanding their publicly-declared support for global norms on workers’ freedom of association. They exploit US labor laws that violate international standards and interfere with trade union formation. Case studies examine several examples of this anti-union hypocrisy on the part of European firms. At the same time, some European companies have chosen to respect workers’ organizing rights in the United States. The conclusion contains recommendations for securing multinational companies’ respect for workers’ freedom of association in the United States, including application of ILO core standards, UN Guiding Principles, OECD Guidelines, and …

The Wagner Model And International Freedom Of Association Standards, Lance A. Compa

Lance A Compa

[Excerpt] I first met Pierre Verge just before beginning my service with the NAFTA labour commission in 1995. Not long after that, Pierre Verge and my own labour law professor at Yale in 1972, Clyde Summers, jointly wrote a penetrating evaluation of the first years of the NAFTA labour side accord, which still serves as the best single analysis of that seminal but flawed instrument linking labour standards and a trade agreement (Summers, Verge and Medina, 1998; Verge, 1999; Verge, 2002). Since then, my understanding of international labour standards and how they relate to labour law in North America has …

An Overview Of Collective Bargaining In The United States, Lance A. Compa

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[Excerpt] American history reflects a long cycle of trade union decline and growth. Analysts routinely predict the death of the labor movement. (Yeselson 2012). Heralds of labor’s demise often argue that unions were needed in the past, but modem, enlightened management and the need for economic competitiveness make them obsolete. (Troy 1999). But then, workers fed up with employers’ exploitation decide to find new ways to defend themselves. History does not repeat itself, and conditions now are not the same as those spurring the great organizing drives of the 1930s and ‘40s. Still, American workers have shown deep resourcefulness over …

[Review Of The Book The Promise And Limits Of Private Power: Promoting Labor Standards In The Global Economy], Lance A. Compa

Lance A Compa

[Excerpt] In The Promise and Limits of Private Power, Richard Locke analyzes and evaluates private sector corporate social responsibility (CSR) initiatives on working conditions in global supply chain factories. The book synthesizes findings from a multi-year project that has already generated several important articles on various aspects of supply chain labor dynamics. The book is structured around a strong central theme. Corporate codes of conduct and other private, voluntary steps indeed can have some positive effects on working conditions in supply chain factories, but results are mixed. They are not sufficient for sustained improvements. Public regulation through effectively enforced legal …

After Bangladesh, Labor Unions Can Save Lives, Lance A. Compa

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[Excerpt] The factory collapse in Bangladesh that killed more than 1,100 workers should be a pivot point for the global apparel industry, moving consumers to demand more accountability from brand-name companies that subcontract production to supply-chain factories around the world. Sadly, the history of workplace tragedies in so many of these factories suggests that after consumers in rich countries express horror and call for reforms, the demands for better worker protections die down and the marketplace for cheap apparel abides. But this cycle can finally be broken if demands for change start to focus on workers’ right to form trade …

Do International Freedom Of Association Standards Apply To Public Sector Labor Relations In The United States?, Lance A. Compa

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[Excerpt] After November 2010 elections in the United States, human rights aspects of labor policy suddenly emerged at sub-federal levels. Elections in many states brought a sharp turn to conservative Republican rule. In this new climate, conflicts over workers’ rights took shape not at the ozone layer of high international policy, but at the oozing landfill level of local labor politics. Governors and legislatures in Wisconsin, Ohio, Florida, Michigan, and other states moved to strip public employees of collective bargaining rights, blaming their wages and benefits for budget shortfalls. A vindictive North Carolina legislature made it unlawful for public school …

Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein

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[Excerpt] We believe it is important to discuss industrial action as one way to enforce commitments to abide by international labor standards in part because of the challenges of "hard" law enforcement, not only in an international context but also in the enforcement of domestic labor policies. Because of the challenges presented by "hard" enforcement of labor policy in both the domestic and international context, it is important to examine the dynamics that initially motivate the adoption of IFAs and other commitments to abide by international labor standards as an important aspect of their enforcement. What unions and other advocates …

Paths To Global Social Regulation – What Can Americans Learn From The European Union, Lance A. Compa, Lowell Turner

Lance A Compa

[Excerpt] For American proponents of global justice, social Europe appears distant yet inspirational, with all its weaknesses still a "vanguard" model for the social regulation of the global economy. We believe that a great deal can be learned by other countries, regions and the global economy as a whole from the ongoing experience of European economic and social integration. We also believe, however, that American experiences with NAFTA as well as with contemporary labor movement revitalization and coalition building offer positive lessons for Europeans and other actors in the global North and South.

As much as we admire the European …

...And The Twain Shall Meet?, Lance A. Compa

Lance A Compa

[Excerpt] No country or company should gain a commercial edge in international trade by jailing or killing union organizers, crushing independent union movements, or banning strikes. Gaining an advantage in labor costs should not depend on exploiting child labor or forced labor, or discriminating against women or oppressed ethnic groups. Deliberately exposing workers to life-threatening safety and health hazards, or holding wages and benefits below livable levels should not be permissible corporate strategies. But these are exactly the abuses that happen all too often in a rapidly globalized world trading system based on "free trade."

Trade Unions And Human Rights, Lance Compa

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[Excerpt] In the 1990s the parallel but separate tracks of the labor movement and the human rights movement began to converge. This chapter examines how trade union advocates adopted human rights analyses and arguments in their work, and human rights organizations began including workers' rights in their mandates. The first section, "Looking In," reviews the U.S. labor movement's traditional domestic focus and the historical absence of a rights-based foundation for American workers' collective action. The second section, "Looking Out," covers a corresponding deficit in labor's international perspective and action. The third section, "Labor Rights Through the Side Door," deals with …

Corporate Social Responsibility And Workers’ Rights (Chinese), Lance Compa

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[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …

Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa

Lance A Compa

[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization. Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really is …

Works In Progress: Constructing The Social Dimension Of Trade In The Americas, Lance A. Compa

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[Excerpt] This paper reviews labor rights in the trade arrangements of four regional and binational settings in the Americas: • the North American Free Trade Agreement (NAFTA) among Canada, Mexico and the United States; • the Common Market of the South (Mercosur) among Argentina, Brazil, Paraguay and Uruguay; • the Canada-Chile Free Trade Agreement (CCFTA); and • the Caribbean Community (Caricom) embracing several island nations in a common market. The labor rights agreements, charters and declarations examined here are at different levels of development and experience. They are "works in progress," just beginning to experiment with the central challenge of …

El Acuerdo De Cooperación Laboral Del Tratado De Libre Comercio De América Del Norte: ¿Dimensión Social O Decepción Social?, Lance A. Compa

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[Excerpt] En este país los sindicatos continúan criticando los puntos débiles del Acuerdo, especialmente la exclusión de asuntos referentes a la sindicalización, la negociación y las huelgas, los mecanismos de solución de controversias, y la carencia de soluciones ejecutorias bajo el ACL. Al mismo tiempo, se han dado cuenta de que resulta un foro muy útil para exponer casos de violaciones de los derechos de los trabajadores por parte de corporaciones multinacionales que operan en el marco del TLC. Con ello intentan promover una presión popular dirigida a detener la ampliación del TLC a Chile y el resto de América …

[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa

Lance A Compa

[Excerpt] Even in disagreement with some of its policy prescriptions, I find From Consent to Coercion a strong, meticulously documented, powerfully argued, thought-provoking work that serious scholars and practitioners of trade unionism and labour law should read and engage. We Americans can still look at Canadian labour law and practice as a model compared with our own, but thanks to Panitch and Swartz's work we can see it with eyes open, not eyes wide

Author’S Reply To Wheeler-Getman-Brody Papers, Lance A. Compa

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[Excerpt] The contributions of Hoyt Wheeler, Julius Getman and David Brody in the December issue of this journal give important insights into strengths and weaknesses of the Human Rights Watch Report on workers' rights in the United States. Stephen Wood, Sheldon Friedman and the editors are to be commended for advancing a debate on the Report's approach, findings and recommendations. Each of these three major figures in American labour scholarship brings the power of decades of research and analysis on these issues. Together, their critiques stretch the Report backward and forward: back to unstated assumptions that underlie the Report (or …

Globalizíación, Class Actions Y Derecho De Trabajo, Antonio Ojeda Avilés, Lance A. Compa

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[Excerpt] El objeto principal de este artículo consiste en analizar la larga experiencia acumulada al otro lado del Atlántico, en Estados Unidos, en material de demandas extraterritoriales contra empresas norteamericanas ya desde los años setenta. Realizaremos una síntesis de los rasgos característicos de las class actions en ese país, en primer lugar, seguida por una breve Mirada al context internacional del Derecho del trabajo y la jurisprudencia en EE.UU., de los efectos extraterritoriales del Derecho del trabajo estadounidense, en segundo término, y un análisis pormenorizado de tales litigious en Europa.

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

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[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law system …

Labor’S Weight Beyond Its Numbers, Lance A. Compa

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[Excerpt] Beyond numbers, what unions are doing on the ground reflects their vitality. Unions are allying with new grass-roots support groups in creative public advocacy for workers' rights generally, not just for their own members. Unions are also experimenting with new forms of social bargaining, using leverage such as pension fund investments and shareholder resolutions. They do this for their own organizational goals, but also for public goals such as transparent corporate governance and honest corporate accounting.

To Cure Labor’S Ills Bigger Unions, Fewer Of Them, Lance A. Compa

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[Excerpt] Only big, coordinated unions can stop employers from playing off one group of workers against another. Only strong national union organizations that prove they can stand up to the power of the big corporations will attract unorganized workers to the labor movement.

So We Have More Jobs – Low-Paid, Part-Time Ones, Lance A. Compa

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[Excerpt] Granted, there have been complaints about the validity of the unemployment number in the past. Liberals have charged that it ignores people who quit looking for work, while conservatives argued that it misses those who are working "off the books" in cash-only transactions ranging from house-cleaning to illegal drugs. But the real problem with the unemployment rate is that we've devalued American employment in order to have more of it. While corporate stock prices soar to new highs, the working class is paying for this situation.

[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa

Lance A Compa

[Excerpt] The ideas and insights in Advancing Theory are an important contribution to the on-the-ground social justice movement challenging corporate rule in the global economy. It can even help rescue labor law and industrial relations as intellectual disciplines and career trajectories for a new generation of students and practitioners excited about thinking globally and acting locally.

A World Without Work? [Review Of The Books The End Of Work And The Jobless Future], Lance A. Compa

Lance A Compa

[Excerpt] These two books take different routes to the same conclusion: This Time It's For Real. The end of work is now upon us, and the jobless future beckons. This was portended in the past--by the development of steam-powered machinery, then electrical power, then by mid-twentieth century automation reflected in numerically-controlled machine tools, and even by the first and second generations of computers--but never realized as new outlets for employment took shape. Those days are done now. Advanced computers and software are bringing into being what Jeremy Rifkin calls a "near-workerless economy."

Job Blackmail [Review Of The Book Fear At Work: Job Blackmail, Labor, And The Environment], Lance A. Compa

Lance A Compa

[Excerpt] Ever since the establishment of environmental and workplace protections in the early 1970s, private employers have resisted further curbs on corporate conduct by threatening job destruction. The refrain has been that occupational health and safety standards wipe out existing jobs and make new ones impossible. In Fear at Work, Richard Kazis and Richard L. Grossman detail the use of this job blackmail to split trade unionists from environmentalists, making unnatural enemies of those who should be allies.

Breaking Ranks: On Military Spending, Unions Hear A Different Drummer, Lance A. Compa

Lance A Compa

[Excerpt] What remains to be seen is whether the labor movement's study of military spending will uncover the unions' material self-interest in reducing it, and in conveying that interest to the membership. For besides its general damage to the economy, which is now recognized even by many conservatives, the big, endless military buildup also threatens to inflict fatal damage on the trade union movement and its individual unions—not just indirectly but directly and concretely, in the form of fewer members, fewer contracts, fewer organizing victories, and less political power for working people. In effect, the Reagan Administration's plan to boost …

Another Look At Nafta, Lance A. Compa

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"Weak," "toothless," "worthless" and "a farce"—these were some of the epithets applied to the North American Free Trade Agreement (NAFTA) labor side accord negotiated by the United States, Mexico, and Canada in 1993. Trade unionists and labor rights supporters were upset, first by the text of the North American Agreement on Labor Cooperation (NAALC) when it appeared, then by early experiences after it went into effect on January 1, 1994. But those wanting progress on labor rights and standards in international trade should be careful of making some idealized “best” the enemy of the good.

The Art Of Ignoring Impatient Elephants, Lance A. Compa

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[Excerpt] Migrant labour was the elephant in the room when American, Mexican and Canadian negotiators hammered out the North American Free Trade Agreement last year. The elephant is still in the room, as negotiators now try to work out a "side agreement" on labour rights and labour standards to fulfill a campaign promise by President Bill Clinton. They never mention migrant worker rights, the single biggest issue affecting labour standards and labour conditions on the North American continent.