Labor Relations Commons^™

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

Lance A Compa

No abstract provided.

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

Lance A Compa

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

Lance A Compa

[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

Lance A Compa

[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

Lance A Compa

[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

Lance A Compa

[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."

[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.

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 …

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.

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.

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 …

...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."