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Full-Text Articles in Law

Invisible Workers, Desiree Leclercq Jan 2022

Invisible Workers, Desiree Leclercq

Scholarly Works

In the parable, The Emperor Has No Clothes, an emperor walks naked through a public procession, assured by his own pride and vain advisors that he was wearing a magnificent robe visible only to the smart and worthy. Like the emperor, governments imagine that they have cloaked international economic law in a new “worker-centered” trade policy. This essay explains how their efforts have merely exposed the deficits in international economic law. They have failed to account for asymmetries between capital and labor and hierarchies between sectors of workers. They also exclude the voices of the world's most vulnerable workers—particularly those …


Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. Difazio Sep 2014

Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. Difazio

Georgia Journal of International & Comparative Law

No abstract provided.


Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq Jan 2009

Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq

Scholarly Works

Congress has neglected the federal labor rights of construction workers for half a century. Back in 1959, Congress addressed the needs of construction workers and attempted to ensure that those workers, who were hired by construction employers for erratic and short periods of time, retained the right to organize in unions. To that end, Congress added section 8(f) to the National Labor Relations Act ("NLRA"), authorizing construction employers and unions to enter voluntarily into prehire collective bargaining agreements covering construction workers. Additionally, Congress included a proviso permitting employers to require, as a condition of employment, that their employees join the …


Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player Jan 1975

Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player

Scholarly Works

Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …