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Articles 1 - 30 of 34
Full-Text Articles in Labor Relations
Tackling Undeclared Work In The European Union: Policy Report, Colin C. Williams
Tackling Undeclared Work In The European Union: Policy Report, Colin C. Williams
Colin C Williams
Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams
Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams
Colin C Williams
Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams
Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams
Colin C Williams
Future Role And Competence Profile Of Labour Inspectorates, Colin C. Williams
Future Role And Competence Profile Of Labour Inspectorates, Colin C. Williams
Colin C Williams
Preventative Approaches To Tackle Undeclared Work, With A Focus Upon Tax Rebates And Notification Letters: Executive Summary, Colin C. Williams
Preventative Approaches To Tackle Undeclared Work, With A Focus Upon Tax Rebates And Notification Letters: Executive Summary, Colin C. Williams
Colin C Williams
No abstract provided.
Preventative Approaches For Tackling Undeclared Work, Focusing Upon Tax Rebates And Notification Letters: Learning Resource Paper For The European Platform Tackling Undeclared Work Seminar, Colin C. Williams
Colin C Williams
Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams
Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams
Colin C Williams
Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams
Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams
Colin C Williams
Tackling Salary Under-Reporting In Croatia: Evidence From Employer And Employee Surveys, Colin C. Williams
Tackling Salary Under-Reporting In Croatia: Evidence From Employer And Employee Surveys, Colin C. Williams
Colin C Williams
Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith
Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith
Kati Griffith
[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old …
Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith
Globalizing U.S. Employment Statutes Through Foreign Law Influence: Mexico’S Foreign Employer Provision And Recruited Mexican Workers, Kati Griffith
Kati Griffith
It is widely acknowledged that Mexican nationals comprise a growing portion of the U.S. workforce, both as authorized and unauthorized workers. The focus on Mexican workers who are currently within the United States overshadows the fact that U.S. employers—typically with the help of their Mexico-based agents—are regularly recruiting and hiring low-wage Mexican workers in Mexico to work in the United States (hereinafter referred to as “recruited Mexican workers”). For instance, it was reported in January 2008 that “Iowa meatpackers actively recruited workers in Mexico” to have enough workers so that they could ship pork “from Iowa slaughterhouses to the rest …
Immigration Advocacy As Labor Advocacy, Kati Griffith
Immigration Advocacy As Labor Advocacy, Kati Griffith
Kati Griffith
[Excerpt] In this Article, we call for a comprehensive analytical framework that views immigration advocacy as labor advocacy. This framework has implications for the existing scholarship described above and for doctrinal analyses of legal cases relating to employees.’ immigration advocacy efforts.
Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith
Discovering “Immployment” Law: The Constitutionality Of Subfederal Immigration Regulation At Work, Kati Griffith
Kati Griffith
[Excerpt] This Article develops two general preemption frameworks that feature federal employment law. It first devises and applies an implied-preemption analysis of subfederal employer-sanctions laws based on the preemptive force of FLSA and Title VII. In doing so, this Article reveals that the four subfederal employer-sanctions laws that have produced conflicting court decisions are unconstitutional because they stand as obstacles to fundamental policies underlying FLSA and Title VII. Specifically, these four subfederal laws, along with other subfederal laws that share their qualities, conflict with core federal employment policy goals of protecting employees from employment discrimination and encouraging valid employee-initiated complaints …
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith
A Supreme Stretch: The Supremacy Clause In The Wake Of Irca And Hoffman Plastic Compounds, Kati Griffith
Kati Griffith
[Excerpt] Recently, the issues of immigration and immigration policy have garnered intense debate in the United States. Much of what Americans have discussed relates to border security, sanctions against employers who knowingly hire undocumented workers, and temporary and permanent paths to legalization for undocumented workers. This debate often overshadows a meaningful discussion about the future of workplace rights for undocumented workers who, despite their undocumented status, currently work in the United States and at times suffer labor and employment law violations in their workplaces. Unfortunately, the national immigration debate has not incorporated this discussion. Moreover, the current proposed federal immigration …
The Wagner Model And International Freedom Of Association Standards, Lance A. Compa
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 …
Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire
Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire
Alexander Colvin
At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the level …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Matthew Parlow
Review Of The Book Labor Relations And The Litigation Explosion, Ronald Ehrenberg
Review Of The Book Labor Relations And The Litigation Explosion, Ronald Ehrenberg
Ronald G. Ehrenberg
[Excerpt] Labor Relations and the Litigation Explosion is a very readable book that is easily accessible to nonspecialists. (The author has presented more technical treatments of the material elsewhere; see Flanagan 1986a, 1986b.) The early chapters begin with a discussion of federal policy towards labor relations in the United States under the National Labor Relations Act, a documentation of the growth of unfair labor practice charges that occurred over the 1950-1980 period and then a demonstration that this growth can be only partially "explained" by the changing industrial and regional distribution of employment in the United States. Quite interestingly, he …
Unions, Markets, And Democracy In Latin America, Maria Lorena Cook
Unions, Markets, And Democracy In Latin America, Maria Lorena Cook
Maria Lorena Cook
[Excerpt] In the 1990s scholars of Latin America moved from a concern with democratization to a focus on the implementation of market economic reforms. With this shift, the appreciation of labor unions' value to society was lost. Whereas earlier analyses of democratic transitions recognized organized labor's important role in bringing an end to dictatorships, later studies of market reform viewed labor organizations as either obstacles to be overcome, "losers" to be compensated, or simply irrelevant.
Perhaps more important than scholarship's neglect of labor unions is the neglect that is reflected in policies toward labor in the region. Economic and labor …
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Lowell Turner
[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …
Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg
Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg
Ronald G. Ehrenberg
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 of policy changes, and the existing empirical estimates of the likely magnitudes …
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
Nick Salvatore
[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Alexander Colvin
[Excerpt] Arguably the leading issue for current labor law research is whether the existing system of law based on the Wagner Act model can continue to be relevant and appropriate for the contemporary workplace. Changes in the environment of work during the over half-century since this model was developed have brought pressures for re-evaluation and adaptation of key elements of its structure. Criticism of this system has focused on a number of areas, including: the reliance on the formal grievance procedure and arbitration; the separation of the realms of collective bargaining and business decision making; the limitations on employee participation …
A War Against Organizing, Kate Bronfenbrenner
A War Against Organizing, Kate Bronfenbrenner
Kate Bronfenbrenner
[Excerpt] Unless Congress passes serious labor law reform with real penalties, only a small fraction of the workers who seek union representation will succeed. If recent trends continue, there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain. Our country cannot afford to make workers defer their rights and aspirations for union representation any longer.
Violations De La Liberté D’Association Des Travailleurs Aux États-Unis Et Normes Internationales Des Droits De L’Homme, Lance Compa
Lance A Compa
A culture of near-impunity has taken shape in much of U.S. labor law and practice. Any employer intent on resisting workers' self-organization can drag out legal proceedings for years, fearing little more than an order to post a written notice in the workplace promising not to repeat unlawful conduct. Many employers have come to view remedies like back pay for workers fired because of union activity as a routine cost of doing business, well worth it to get rid of organizing leaders and derail workers' organizing efforts. [Article in French]
Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa
Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa
Lance A Compa
[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member National …
[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa
[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
Labor’S New Opening To International Human Rights Standards, Lance Compa
Labor’S New Opening To International Human Rights Standards, Lance Compa
Lance A Compa
Most trade unionists were oblivious to international human rights movement in the last half of the twentieth century. For their part, human rights advocates did not include workers’ rights on their agenda. But in the late 1990s, labor and human rights advocates came together to reframe workers’ collective action as a human rights mission rather than a self-interested syndical action. A new labor–human rights alliance built a wide-ranging discourse of workers’ rights as human rights. The expertise and knowledge attributable to human rights actors gave their critique of workers’ rights violations in the U.S. a high measure of authoritativeness compared …
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
William A. Herbert
The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …
Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa
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 …