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International and Comparative Labor Relations

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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 ...


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 ...


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.


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 ...


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 ...


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