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Full-Text Articles in Law
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Book Chapters
This chapter focuses on how the CFA has influenced democratic processes and trade union rights in South Asia, particularly in relation to the intersection between political and labour rights and the relationship between trade union rights and civil liberties. Ms Sankaran illustrates this relationship by referring to a number of cases in the region in which emergency regulations have impacted on the daily exercise of trade union rights, with reference to the guidance provided by the CFA in this respect. She also recalls the large numbers of workers in the informal economy in the region, who are restricted in the …
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Articles & Book Chapters
Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where …
Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester
Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester
Faculty Scholarship
Trade unions in both North American and Europe have long embraced — at least rhetorically, but often manifestly — participation in the civic and political spheres as part of their mission. In recent years, however, unions — especially in America — have come to be seen by many, rightly or wrongly, as pursuing their own ‘special interests’. Unions possess the technology of social mobilization, but have often (and not unreasonably) focused their resources on grassroots organizing and local bargaining strategies. At a time when unions are seeking levers for revitalization, a promising path is for them to use their mobilization …
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang
Publications and Research
For many years, trade unions have pressured international financial organizations such as the World Bank to better incorporate protections for workers. A recent development in this contestation was the World Bank’s 2009 announcement regarding its controversial “Employing Workers Index” in its widely circulated Doing Business report. Trade unions had argued that the index, which promoted flexible labor market policies, did not respect the international norm of worker protections, and urged the World Bank to change the index. As a result, the Doing Business Group pledged to reform the Employing Workers Index and to create a new index on protecting workers. …
Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick
Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick
Journal Articles
This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Faculty Publications
This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …
Labor Law -- Trusts -- Union As Beneficiary, John P. Frank
Labor Law -- Trusts -- Union As Beneficiary, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Collective Labor Agreements In German Law, Ralph F. Fuchs
Collective Labor Agreements In German Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Collective Labor Agreements In American Law, Ralph F. Fuchs
Collective Labor Agreements In American Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.