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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 Jul 2012

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

Articles and Chapters

[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 ...


The Advocate’S Dilemma: Framing Migrant Rights In National Settings, Maria Lorena Cook Jan 2010

The Advocate’S Dilemma: Framing Migrant Rights In National Settings, Maria Lorena Cook

Articles and Chapters

This article identifies and explores the dilemma of migrant advocacy in advanced industrial democracies, focusing specifically on the contemporary United States. On the one hand, universal norms such as human rights, which are theoretically well suited to advancing migrants’ claims, may have little resonance within national settings. On the other hand, the debates around which immigration arguments typically turn, and the terrain on which advocates must fight, derive their values and assumptions from a nation-state framework that is self-limiting. The article analyzes the limits of human rights arguments, discusses the pitfalls of engaging in national policy debates, and details the ...


Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa Jan 2010

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Articles and Chapters

[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 ...


A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa Jan 2010

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

Articles and Chapters

[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 actions that ...


Introduction To Human Rights In Labor And Employment Relations: International And Domestic Perspectives, James A. Gross, Lance A. Compa Jan 2009

Introduction To Human Rights In Labor And Employment Relations: International And Domestic Perspectives, James A. Gross, Lance A. Compa

Articles and Chapters

[Excerpt] This volume is intended to collect the best current scholarship in the new and growing field of labor rights and human rights. We hope it will serve as a resource for researchers and practitioners as well as for teachers and students in university-level labor and human rights courses. The animating idea for the volume is the proposition that workers' rights are human rights. But we recognize that this must be more than a slogan. Promoting labor rights as human rights requires drawing on theoretical work in labor studies and in human rights scholarship and developing closely reasoned arguments based ...


A Question Of Timing, Lance A. Compa, Deborah Greenfield Jan 2007

A Question Of Timing, Lance A. Compa, Deborah Greenfield

Articles and Chapters

US labour law violates ILO standards not at the margins, but at the core.


Striker Replacements: A Human Rights Perspective, Lance A. Compa Jul 2006

Striker Replacements: A Human Rights Perspective, Lance A. Compa

Articles and Chapters

[Excerpt] United States labor law on workers' right to strike meets international human rights standards—up to a point. The law does not ban strikes in the private sector. Unlike many countries that nominally allow strikes but create onerous procedural obstacles (Mexico is a prime example), the United States, aside from modest notice requirements, lets workers decide to strike. In a handful of states, public-sector workers can strike.

So far, so good. But beyond this point, U.S. labor law and practice deviate from international standards. In the public sector, most strikes are prohibited even with no threat to public ...


Blood, Sweat, And Fear: Workers’ Rights In U.S. Meat And Poultry Plants, Lance A. Compa Jan 2004

Blood, Sweat, And Fear: Workers’ Rights In U.S. Meat And Poultry Plants, Lance A. Compa

Articles and Chapters

[Excerpt] This report covers workers’ rights in the U.S. meat and poultry industry in three broad areas of human rights concern: worker health and safety and related rights to compensation for workplace injuries, freedom of association, and the status of immigrant workers. It follows Unfair Advantage: Workers’ Freedom of Association in the United States under International Human Rights Standards, a Human Rights Watch report published in 2000.4 Based on an examination of a dozen industrial and service sectors of the U.S. economy in as many states, Unfair Advantagedocumented widespread violations of workers’ organizing rights and severe ...


The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa Jan 2003

The Ilo Core Standards Declaration: Changing The Climate For Changing The Law, Lance A. Compa

Articles and Chapters

[Excerpt] Labor law in the United States is deeply entrenched against domestic pressure for change, let alone international influence. It is no surprise, then, that nearly five years after its adoption, the International Labor Organization's (ILO) 1998 Declaration on Fundamental Principles and Rights at Work has not had a direct impact on American workers' right to organize. On closer examination, however, there appears to be a "climate changing" effect that could move U.S. labor law toward the human rights framework of the Declaration.


Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa Apr 2002

Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa

Articles and Chapters

Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as ...


Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa Jan 2000

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

Articles and Chapters

[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 to exercise ...


Is There An Emerging Transnational Regime For Labor Standards? Remarks, Lance A. Compa Jan 1999

Is There An Emerging Transnational Regime For Labor Standards? Remarks, Lance A. Compa

Articles and Chapters

[Excerpt] In concluding his remarks, Professor Compa outlined what he sees as the major benefits of the NAALC. First, the submission process under the NAALC is open, allowing anyone to file. Second, the NAALC impels cross-border partnerships between labor activists who must work together in order to file a submission. Third, the NAALC offers a range of targets, including corporations, unions, governments and retailers. Finally, the NAALC mobilizes the regional arena to force action within the national arena.


Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner Jan 1998

Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner

Articles and Chapters

[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 ...


Nafta's Labor Side Accord: A Three-Year Accounting, Lance A. Compa Jul 1997

Nafta's Labor Side Accord: A Three-Year Accounting, Lance A. Compa

Articles and Chapters

[Excerpt] Any number of idealized "social charters" with universal standards and swift, powerful enforcement powers could be drafted by critics of the labor side agreement. But the NAALC was negotiated by sovereign governments with clashing business, labor, and political concerns. The result is a hybrid agreement, one that preserves sovereignty but creates mutual obligations and combines broad cooperation and consultation programs alongside contentious review, evaluation, and dispute resolution mechanisms. Most of all, the NAALC promotes engagement on labor rights and labor standards in an experiment not tested in any other international forum.


Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa Jan 1997

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

Articles and Chapters

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 ...


Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein Jan 1994

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Articles and Chapters

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases ...


Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber Jan 1994

Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Articles and Chapters

[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion ...


The Changing Nature Of The Workforce: The Influence Of U.S. Immigration Policy, Vernon M. Briggs Jr Mar 1991

The Changing Nature Of The Workforce: The Influence Of U.S. Immigration Policy, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] As the United States enters the last decade of the 20th century, its labor market is in transformation. New forces that are restructuring the nation's employment patterns are altering the demand for labor. At the same time, the labor supply is in a period of rapid growth in size and unprecedented changes in composition. Assessing the evolving situation, then Secretary of Labor Elizabeth Dole proclaimed in late 1989 that the nation's labor force was "woefully inadequate to meet the changes that lie ahead." Many other knowledgeable observers have expressed similar concerns. The nature of the workforce is ...


Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon M. Briggs Jr. Dec 1990

Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon M. Briggs Jr.

Articles and Chapters

"The enactment of the Immigration Reform and Control Act of 1986 (IRCA) produced the most extensive legislation in the area of employment law in the United States in two decades (i.e., since the adoption of the Occupational Health and Safety Act of 1970). Its provisions affect every employer and every job seeker since the law went into effect on November 6, 1986. Among its multiple provisions were strictures designed to prohibit employers from hiring illegal immigrants. This action had the effect of repealing the 'Texas Proviso' of the Immigration and Nationality Act of 1952 that specifically exempted the employment ...


Labor Market Transformation: The Role Of U.S. Immigration Policy, Vernon M. Briggs Jr Oct 1990

Labor Market Transformation: The Role Of U.S. Immigration Policy, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] As the United States enters the last decade of the 20th Century, its labor market is in a state of transformation. A marked break has occurred in both the evolutionary patterns of employment growth (i.e., labor demand) and in the growth and composition of the labor force (i.e., labor supply). Unprecedented adjustment requirements are being placed upon the U.S. labor market. In such an environment, there can be no assumption that the labor force can automatically adjust to the changes. Policy priority should be given to comprehensive programmatic efforts to develop the employment potential of the ...


Forum: Immigration Policy And Skill Shortages, Stephen Moore, Vernon M. Briggs Jr Aug 1990

Forum: Immigration Policy And Skill Shortages, Stephen Moore, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] The shortage of a skilled labor force has caused some U.S. employers to look outside national boundaries to fill their needs and caused lawmakers to attempt to alleviate the problem through legislation. But do exceptions to immigration laws in areas of shortages help employers in the long run, or do they keep employers from developing "home-grown" workers to fill their needs? ERW asked two experts their views on the subject. Their answers follow


Efficiency And Equity As Goals For Contemporary U.S. Immigration Policy, Vernon M. Briggs Jr Oct 1989

Efficiency And Equity As Goals For Contemporary U.S. Immigration Policy, Vernon M. Briggs Jr

Articles and Chapters

As the United States has entered its postindustrial stage of economic development, mass immigration has again become a distinguishing feature of the U.S. economy. In all of its diverse forms, immigration presently accounts for anywhere from one-quarter to one-third of the annual growth of the U.S. labor force. By the turn of the 21st century, it could conceivably comprise all of such growth. Immigration is the one aspect of population and labor force growth that public policy should be able to shape and control. Unfortunately, however, the extant public policies that govern the size and composition of the ...


Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg Jan 1989

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Articles and Chapters

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on ...


The "Albatross" Of Immigration Reform: Temporary Worker Policy In The United States, Vernon M. Briggs Jr. Dec 1986

The "Albatross" Of Immigration Reform: Temporary Worker Policy In The United States, Vernon M. Briggs Jr.

Articles and Chapters

"Temporary worker policy in the United States traditionally has been advocated as a means to meet shortages for labor - a demand problem. Over the past decade, however, there has been support for the use of such policies as a means of addressing illegal immigration - a supply problem. Despite the fact that experiences show that such endeavors actually foster illegal immigration, the drive for immigration reform in the 1980s was seriously encumbered with a variety of attempts both to expand existing and to add new temporary worker programs. This article reviews the evolution of temporary worker policy and indicates how efforts ...


Methods Of Analysis Of Illegal Immigration Into The United States, Vernon M. Briggs Jr. Sep 1984

Methods Of Analysis Of Illegal Immigration Into The United States, Vernon M. Briggs Jr.

Articles and Chapters

"A major barrier to the discussion of the scope and impact of illegal immigration on the American economy has been the inadequacy of existing data. Although data problems are not unique to this topic, the limited availability of macro-data on the size of the annual flows and of the accumulated stock of individuals as well as of micro-data on their influences on selected labor markets has been effectively used to forestall policy reform efforts."


The Quest For An Enforceable Immigration Policy, Vernon M. Briggs Jr Oct 1979

The Quest For An Enforceable Immigration Policy, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] The central point of concern for the nation and its economic policy makers at this juncture is the recognition that there is a prima facie case that the existing immigration statutes of the United States are totally unenforceable. A comprehensive reform of the system is imperative.


Illegal Immigration And The American Labor Force: The Use Of “Soft” Data For Analysis, Vernon M. Briggs Jr Jan 1976

Illegal Immigration And The American Labor Force: The Use Of “Soft” Data For Analysis, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] In late 1974, the commissioner of the Immigration and Naturalization Service (INS) of the U.S. Department of Justice publicly stated that “the United States us being overrun by illegal aliens” and, he warned, “we are seeing just the beginning of the problem.” During that 1974 fiscal year, when 788,000 illegal aliens were actually apprehended by INS, the INS estimated that the number of undetected illegal aliens who entered the United States in that year ranged upward to 4 million people. Moreover, the INS estimated the accumulated number of illegal aliens currently residing in the United States in ...


La Confrontacion Del Chicano Con El Inmigrante Mexicano, Vernon M. Briggs Jr Jan 1976

La Confrontacion Del Chicano Con El Inmigrante Mexicano, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] El gobernador de California, Jerry Brown, ha senalado que Estados Unidos esta. entrando en una nueva etapa en su evolucion historica. Se refiere a ella como una "era de limites". Las sendas del pasado no pueden ser proyectadas al futuro. Estados Unidos ya no es una nacion de recursos sin limites, de fronteras sin fin y de mano de obra relativamente escasa. Ya sea que el topico resida en el uso de la energia, conservation de los recursos, igual oportunidad de empleo, crecimiento de la poblacion, o inmigracion, los acontecimientos actuales y las tendencias futuras exigen que se corte ...


Illegal Aliens: The Need For A More Restrictive Border Policy, Vernon M. Briggs Jr Dec 1975

Illegal Aliens: The Need For A More Restrictive Border Policy, Vernon M. Briggs Jr

Articles and Chapters

[Excerpt] In late 1974, the commissioner of the Immigration and Naturalization Service of the U.S. Department of Justice publicly stated that “the United States us being overrun by illegal aliens” and, he warned, “we are seeing just the beginning of the problem.” During that 1974 fiscal year, 788,000 illegal aliens were actually apprehended by INS. Of greater significance, however, is the fact that INS estimated that the number of undetected illegal aliens who entered the United States in that year ranged upwards to 4 million people. Moreover, the INS estimated the accumulated number of illegal aliens currently residing ...