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Articles 1 - 9 of 9
Full-Text Articles in Law
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 …
A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa
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
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 …
Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein
Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein
Richard W Hurd
[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
Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber
Richard W Hurd
[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 American …
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Anthony B Sanders
Multiemployer collective bargaining relationships between unions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers’ employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the association has …
Senate Gridlock Cripples Nlrb, Michael Goldberg
Senate Gridlock Cripples Nlrb, Michael Goldberg
Michael J Goldberg
No abstract provided.
In Defence Of Transnational Domestic Labor Regulation, David J. Doorey
In Defence Of Transnational Domestic Labor Regulation, David J. Doorey
David J. Doorey
“Transnational domestic labor regulation” (TDLR) is unilateral regulation introduced by a national government that is designed to influence labor practices in foreign jurisdictions. Many governments already use a variety of measures to try and influence foreign labor practices. TDLR has the potential to empower foreign workers and influence the balance of power in foreign industrial relations system in ways that might lead to improvements in labor conditions over time. Particularly interesting is the potential for TDLR to harness or steer the many private sources of labor practice governance already active in shaping labor conditions within global supply chains. However, whether …
Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg
Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg
Michael J Goldberg
This article describes and analyzes the contributions of Professor Clyde W. Summers to the development of union democracy law in the United States and his contributions to the movement dedicated to bringing more democratic practices to American unions. The first part of the article evaluates Summers' writings on the importance of democracy in the labor movement. The second part describes Summers' work as both a scholar and public policy activist shaping the law of union democracy, including his critical role in the drafting of the Labor-Management Reporting and Disclosure Act of 1959. The final part of the article examines Summers …