Business Commons^™

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

Lance A Compa

[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

Lance A Compa

"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

Lance A Compa

[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.

International Trade And Social Welfare: The New Agenda (Remarks), Lance A. Compa

Lance A Compa

This document is a transcript of Professor Lance Compa’s remarks at the January 7, 1995 meeting of the Section on International Law of the American Association of Law Schools.

[Excerpt] The fact that the International Law Section put this topic on its agenda at this annual meeting is an indication that the "linkage" between labor rights and international trade is an idea whose time has come. I don't want to overstate its novelty. There's a certain cycle to this dynamic, and in fact the post-World War II period and the early years of the GATT saw a flurry of interest …

International Labor Rights And The Sovereignty Question: Nafta And Guatemala, Two Case Studies, Lance A. Compa

Lance A Compa

[Excerpt] Labor rights advocates in the United States and allied organizations abroad attempting to establish international fair labor standards run up against traditional notions of sovereignty in formulating national labor policies and development strategies. In the same way that entrenched sovereignty principles gradually yielded to international human rights claims after World War E, sovereignty is now being challenged by claims of international laborrights in the field of employment standards and industrial relations. This Article seeks to illuminate this challenge to sovereignty in two case studies of labor rights advocacy. Part I sets the stage with an overview of the growing …

A Strange Case, Lance A. Compa

Lance A Compa

[Excerpt] The disconnect reflected in Bosch's action at the Wisconsin plant between promise and performance is the theme of a new Human Rights Watch report titled A Strange Case: Violations of Workers' Freedom of Association in the United States by European Multinational Corporations. The report details ways in which European firms have exploited weak US labour laws to carry out aggressive campaigns against workers' organising and bargaining in the United States. "A Strange Case" comes from Robert Louis Stevenson's famous The Strange Case of Dr. Jekyll and Mr. Hyde.

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Lance A Compa

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Lance A Compa

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …

Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa

Lance A Compa

The authors debate the relative merits and drawbacks of defining the labor movement under the umbrella of human rights, and the virtues of the rights of the individual versus the solidarity of the community.

Ensuring A Decent Global Workplace: Labor Rights Belong In Trade Agreements, Lance A. Compa

Lance A Compa

[Excerpt] Linking workers' rights to international trade is an idea whose time has come and stayed, despite the best efforts of free trade ideologues to chase it away. In looming congressional debates about "fast track" negotiating authority, the Bush administration and Congress confront powerful demands from workers, trade unionists and a wider public for rules protecting human rights and labor rights, not just corporate investments, in trade agreements.

Stop Sending Mixed Signals To General Pinochet, Lance A. Compa

Lance A Compa

[Excerpt] We should not apologize for U.S. enforcement of the new labor rights laws against Chile. Critics have attacked them as "backdoor protectionism" aimed at keeping out foreign products. U.S. unionists, though, report a genuine enthusiasm among their rank-and-file members, not for the prospect of shutting out foreign goods but the hope of better pay and working conditions for their foreign counterparts.

Holding The Line: Labor’S Safety & Health Movement, Lance A. Compa

Lance A Compa

[Excerpt] Is OSHA finally enforcing the law after years of laxity? Or, as most activists and analysts involved in safety and health believe, do the high-profile penalties constitute an attempt by OSHA to shore up its reputation? A recent independent federal study, the conclusions of which were confirmed by the agency's own consultants, found OSHA in a state of "total paralysis." Another, private, study by the National Safe Workplace Institute showed that OSHA's inspections are inadequate and untimely, that the agency consistently fails to insure that what hazards it does uncover are corrected, and that it often and unjustifiably reduces …

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt

Lance A Compa

[Excerpt]In the fall of 1982, a small group of labor, religious, and human rights activists began charting a new course for human rights and workers' rights in American trade policy. The principles of these labor rights advocates were straightforward: 1. No country should attract investment or gain an edge in international trade by violating workers' rights; 2. No company operating in global trade should gain a competitive edge by violating workers' rights; and, 3. Workers have a right to demand protection for labor rights in the international trade system, and to have laws to accomplish it. The coalition that took …

A Second Look At The Hormel Strike, Lance Compa

Lance A Compa

[Excerpt] The dispute between the United Food and Commercial Workers and its Local P-9 over the long strike at Geo. A. Hormel & Co.'s meatpacking plant in Austin, Minnesota has put labor activists on two sides of an emotional and strategic divide. P-9 supporters see the strike, which began in August, 1985, as the labor battle of the decade, with a valiant local union taking a stand against unjust concession demands. But besides facing an arrogant boss, a plant full of strikebreakers and the Minnesota National Guard, the local has had to contend with a betrayal of its effort by …

...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."

Corporate Social Responsibility And Workers’ Rights, Lance A. Compa

Lance A Compa

[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 …