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Labor Justice across the Americas
by Leon Fink Juan PalacioOpinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
Labor Law: Cases and Materials (16th Edition) (University Casebook Series)
by Robert A. Gorman Matthew W. Finkin Timothy P. Glynn<p>The Sixteenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy. This edition includes new decisions of the National Labor Relations Board appointed by President Obama, which has departed in important ways from the approach of the Board under the prior administration. <p>Moreover, the Board is now actively confronting the role of labor law in the contemporary workplace, addressing emergent issues such as protections for employee electronic communications and social media interactions, accountability for employers in "fissured" enterprises, and potential limitations on other employer restrictions on collective activity. The book also contains judicial decisions addressing these developments as well as reactions in Congress and elsewhere, evincing the growing polarization over the role of labor unions in society.</p>
Labor Law for the Rank & Filer: Building Solidarity While Staying Clear of the Law (Pm Press Ser.)
by Staughton Lynd Daniel GrossBlending cutting-edge legal strategies for winning justice at work with a theory of dramatic, bottom-up social change, this practical guide to workers' rights aims to make work better while reinvigorating the labor movement. A powerful organization model called "solidarity unionism" is explained, showing how the labor force can avoid the pitfalls of the legal system and utilize direct action to win fair rights. The new edition includes new cases governing fundamental labor rights and can be used not only by union workers, but can serve as a guerrilla legal handbook for any employee in this unstable economy.
Labor Law in China
by Zengyi XieThe primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.
Labor Law in the Contemporary Workplace (American Casebook)
by Kenneth G. Dau-Schmidt Martin H. Malin Roberto L. Corrada Christopher David Ruiz Cameron Catherine L. FiskLabor Law in the Contemporary Workplace prepares students for the practice of labor law by introducing them to the principles of American labor law and many of the issues that labor attorneys face. The book is organized around contemporary problems as a means of teaching the core principles of labor law. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing importance in contemporary practice. The third edition takes account of changes in the law since the first edition and second editions were published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.
Labor Relations and Collective Bargaining: Private and Public Sectors
by Michael R. Carrell Christina HeavrinBring your best case to the table by putting theory into practice with this guide to labor relations, unions, and collective bargaining. Labor Relations and Collective Bargaining: Cases, Practice, and Law introduces readers to collective bargaining and labor relations. This text is concerned with application, as well as coverage of labor history, laws, and practices.
Labor Relations in a Globalizing World
by Thomas A. Kochan Alexander J. Colvin Harry C. KatzCompelled by the extent to which globalization has changed the nature of labor relations, Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin give us the first textbook to focus on the workplace outcomes of the production of goods and services in emerging countries. In Labor Relations in a Globalizing World, they draw lessons from the United States and other advanced industrial countries to provide a menu of options for management, labor, and government leaders in emerging countries. They include discussions based in countries such as China, Brazil, India, and South Africa which, given the advanced levels of economic development they have already achieved, are often described as "transitional," because the labor relations practices and procedures used in those countries are still in a state of flux.Katz, Kochan, and Colvin analyze how labor relations functions in emerging countries in a manner that is useful to practitioners, policymakers, and academics. They take account of the fact that labor relations are much more politicized in emerging countries than in advanced industrialized countries. They also address the traditional role played by state-dominated unions in emerging countries and the recent increased importance of independent unions that have emerged as alternatives. These independent unions tend to promote firm- or workplace-level collective bargaining in contrast to the more traditional top-down systems. Katz, Kochan, and Colvin explain how multinational corporations, nongovernmental organizations, and other groups that act across national borders increasingly influence work and employment outcomes.
Labor Rights and Multinational Production
by Layna MosleyLabor Rights and Multinational Production investigates the relationship between workers' rights and multinational production. Mosley argues that some types of multinational production, embodied in directly owned foreign investment, positively affect labor rights. But other types of international production, particularly subcontracting, can engender competitive races to the bottom in labor rights. To test these claims, Mosley presents newly generated measures of collective labor rights, covering a wide range of low- and middle-income nations for the 1985–2002 period. Labor Rights and Multinational Production suggests that the consequences of economic openness for developing countries are highly dependent on foreign firms' modes of entry and, more generally, on the precise way in which each developing country engages the global economy. The book contributes to academic literature in comparative and international political economy, and to public policy debates regarding the effects of globalization.
Labor Transfer in Emerging Economies
by Xiaochun LiBased on new phenomena appearing in many emerging economies, this book presents a theoretical study on the economic influences of labor transfer from several aspects. In recent years, thanks to the continuous progress of social forms as well as science and technology, there are a large number of new developing trends in emerging nations. Taking China as an example, several economic issues have sprung up with the huge scale of labor transfer, such as development of modern agriculture, environmental protection, privatization of mixed enterprises, training of human capital, and migrant workers' remittances to their hometowns. However, the existing researches on labor transfer pay little attention to them. In order to bridge the gap, this book combines new economic data with basic theories of labor migration, and discusses economic influences of labor transfer in four angles: human capital, migrants' remittances, environmental protection, and development of modern agriculture. Each part is composed of two or three analytical elements. Our conclusions not only enrich existing theoretical researches, but also provide theoretical support for related national economic policies.
Laboratory Biosecurity Handbook
by Reynolds M. Salerno Jennifer Gaudioso Benjamin H. BrodskyIn recognition of the vital need to protect legitimate facilities from the theft and misuse of dangerous pathogens and toxins, the Laboratory Biosecurity Handbook serves as a guide to the implementation of pathogen protection programs. The first sections of the book offer an historical overview of biological weapons activity, key principles of biosecurity and its integration into existing frameworks, as well as a discussion of biosecurity risk. Later sections discuss biosecurity risk assessments, describe detailed components of a biosecurity program, and offer a graded approach to biosecurity through multiple risk levels. The work also covers risk prioritization of biological assets and biosecurity training.
Laboratory of Deficiency: Sterilization and Confinement in California, 1900–1950s (Reproductive Justice: A New Vision for the 21st Century #6)
by Natalie LiraPacific Colony, a Southern California institution established to care for the "feebleminded," justified the incarceration, sterilization, and forced mutilation of some of the most vulnerable members of society from the 1920s through the 1950s. Institutional records document the convergence of ableism and racism in Pacific Colony. Analyzing a vast archive, Natalie Lira reveals how political concerns over Mexican immigration—particularly ideas about the low intelligence, deviant sexuality, and inherent criminality of the "Mexican race"—shaped decisions regarding the treatment and reproductive future of Mexican-origin patients. Laboratory of Deficiency documents the ways Mexican-origin people sought out creative resistance to institutional control and offers insight into how race, disability, and social deviance have been called upon to justify the confinement and reproductive constraint of certain individuals in the name of public health and progress.
Laboring for Justice: The Fight Against Wage Theft in an American City
by Rebecca Berke GalembaLaboring for Justice highlights the experiences of day laborers and advocates in the struggle against wage theft in Denver, Colorado. Drawing on more than seven years of research that earned special recognition for its community engagement, this book analyzes the widespread problem of wage theft and its disproportionate impact on low-wage immigrant workers. Rebecca Galemba focuses on the plight of day laborers in Denver, Colorado—a quintessential purple state that has swung between some of the harshest and more welcoming policies around immigrant and labor rights. With collaborators and community partners, Galemba reveals how labor abuses like wage theft persist, and how advocates, attorneys, and workers struggle to redress and prevent those abuses using proactive policy, legal challenges, and direct action tactics. As more and more industries move away from secure, permanent employment and towards casualized labor practices, this book shines a light on wage theft as symptomatic of larger, systemic issues throughout the U.S. economy, and illustrates how workers can deploy effective strategies to endure and improve their position in the world amidst precarity through everyday forms of convivencia and resistance. Applying a public anthropology approach that integrates the experiences of community partners, students, policy makers, and activists in the production of research, this book uses the pressing issue of wage theft to offer a methodologically rigorous, community-engaged, and pedagogically innovative approach to the study of immigration, labor, inequality, and social justice.
Labour Before the Law
by Judy Fudge Eric TuckerIn this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years.By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution.The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.
Labour Dispute Resolution in Turkey
by Tankut CentelThe book provides a comprehensive overview of recent developments in Turkey’s labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.
Labour Inspectors in Italy: Between Discretion and Institutional Pressure
by Rebecca ParacianiThis book analyses labour inspectors’ discretionary practices in handling complex cases of labour exploitation in the Italian context. By outlining three years of field research, the volume uses the theoretical framework of street-level bureaucracy in the Italian context and integrates it with a neo-institutionalist perspective, focusing on the isomorphic pressures from the institutional field in which the labour inspectors operate. The book will be of use to advanced undergraduate students and scholars in the fields of sociology, organization studies, law and criminology, political science and public administration.
Labour Law (Law in Context)
by Hugh Collins Keith Ewing Aileen McColganLabour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues. Fully updated with recent developments in the field, the text's clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject. Suitable for undergraduates and postgraduates studying UK Labour and Employment law, this book is a must-read for those wishing to excel in the field.
Labour Law
by Hugh Collins K. D. Ewing Aileen Mccolgan Hugh Collins K. D. EwingBuilding on their successful cases and materials book, Collins, Ewing and McColgan present an entirely restructured and freshly written new textbook on employment law. Comprehensive and engaging, it combines detailed analysis and commentary on the law with short contextual extracts to fully equip the labour law student. Carefully balancing clear exposition of legal principles with critical and scholarly analysis, this is the definitive textbook on the subject written by the UK's foremost employment law scholars. The book's 20-part structure maps logically onto either a full or half module employment law course. Chapter introductions and conclusions and an uncluttered text design carefully guide the student through the material. Innovative case studies show the law 'in action' and discussion of the globalised workplace gives the work a contemporary feel. Put simply, this is required reading for all students of the subject.
Labour Law 1: For All Universities
by P. Jaganathan Usha Jaganathan J. P. Arjun A. KavithaThe document Labour Law 1 provides a comprehensive overview of significant labour laws and industrial relations in India. It covers essential acts such as the Trade Unions Act, 1926, and the Industrial Disputes Act, 1947, among others. The text outlines the historical evolution of labour relations, from the master-servant system to modern employer-employee dynamics. Theories like Laissez-Faire and social welfare are discussed in the context of industrial jurisprudence, highlighting the importance of collective bargaining and workers' rights. Additionally, it emphasizes the role of the International Labour Organization (ILO) and legislative reforms in ensuring fair wages, worker safety, and social security. The document serves as a valuable resource for law students and legal professionals studying industrial and labour laws.
Labour Law and the Gig Economy: Challenges posed by the digitalisation of labour processes
by Jo Carby-Hall Lourdes Mella MéndezThis international book analyses the impact of digitisation in labour markets, on labour relationships and also on labour processes.The rapid progress of modern disruptive technologies and AIs and their multiple applications to each phase of the labour production system, are changing the production rules on a global scale with significant impacts in every aspect of work. As new technologies transform work patterns and change the type of jobs available - destroying some while creating others - and even the nature of the tasks performed, numerous legal problems arise which are challenging to legislators and legal scholars who need to find appropriate solutions to them. Considering the labour law issues which have been created by technological developments and currently affect the work of millions worldwide, this book highlights the full scope of these issues, suggesting solutions to emerging problems and ways to mitigate the risks brought about through technological advancement.Approaching the present debate with perspectives on legal problems with expertise from a wide range of different countries, this book presents informed and scholarly studies which answer the challenges that new technologies present in labour markets, private lives and labour processes.
Labour Law and the Person: An Agenda for Social Justice (Bristol Studies in Law and Social Justice)
by Lisa RodgersThis book aims to revitalise the link between social justice and labour law through exploring the issue of personhood and the 'subject' of the law. Rodgers argues that incorporating a more 'relational' notion of self into labour law not only provides a fresh normative perspective through which to evaluate existing labour laws, but will also make us more able to respond to labour market 'shocks' and labour market change into the future, including the introduction of AI. It is only by embedding relationality into our law that can we really respect the humanity of workers and construct a legal framework through which social justice can be achieved at work.
Labour Law Reforms in India: All in the Name of Jobs (Critical Political Economy of South Asia)
by Anamitra RoychowdhuryLabour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India’s ‘jobless growth’ may be attributed to labour laws. There is a pervasive view that the country’s low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers’ bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers’ rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.
Labour Migration, Human Trafficking and Multinational Corporations: The Commodification of Illicit Flows (Routledge Transnational Crime and Corruption)
by Ato Quayson Antonela ArhinAlthough much literature on human trafficking focuses on sex trafficking, a great deal of human trafficking results from migrant workers, compelled - by economic deprivation in their home countries - to seek better life opportunities abroad, especially in agriculture, construction and domestic work. Such labour migration is sometimes legal and well managed, but sometimes not so – with migrant workers frequently threatened or coerced into entering debt bondage arrangements and ending up working in forced labour situations producing goods for illicit markets. This book fills a substantial gap in the existing literature given that labour trafficking is a much more subtle form of exploitation than sex trafficking. It discusses how far large multinational corporations are involved, whether intentionally or unintentionally, in human trafficking for the purposes of labour exploitation. They explore how far corporations are driven to seek cheap labour by the need to remain commercially competitive and examine how the problem often lies with corporations’ subcontractors, who are not as well controlled as they might be. The essays in the volume also outline and assess measures being taken by governments and international agencies to eradicate the problem.
Labour Migration in Europe Volume I: Integration and Entrepreneurship among Migrant Workers – A Long-Term View
by Francesca Fauri Paolo TedeschiIn this book, Fauri and Tedeschi bring together contributions that outline the movement of job seekers and ethnic minority entrepreneurs in Europe, to analyse the overall impact of different forms of migration on European economies in the last 100 years. Contributions address a broad range of themes, from the motivations of migrants and the process of their integration into their destination country, to their overall social and economic impact onto said country at a structural level. In addressing questions as to why some ethnic groups seem to compete more successfully in business, as well as addressing questions about how skilled labour can be attracted and retained, this volume forms part of a very important multidisciplinary dialogue on labour migration. The policy implications of answering such questions are also discussed, as contributors ultimately examine whether skills-dependent migration policy needs to form part of a common strategy, either at a national or an international level.
Labour Migration in Europe Volume II: Exploitation and Legal Protection of Migrant Workers
by Marco BorraccettiViolence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.
The Labour Party and Whitehall (Routledge Library Editions: The Labour Movement #38)
by Kevin TheakstonFirst published in 1992. In this lively and controversial book, Kevin Theakston examines the Yes, Minister-style argument popularised by Tony Benn and Richard Crossman that the civil service obstructs Labour government policies. He argues that in fact the Labour party’s problems and failures in office are largely political in origin. The book surveys the development of socialist thinking about Whitehall, and examines the claim of a Labour MP in 1979 that ‘It is as if Labour in office has now lost all stomach for administrative reform.’ Theakston looks at the effectiveness of Labour’s various reform schemes, raising important issues such as politicisation and power in the civil service, Whitehall management, elitism in civil service recruitment, and secrecy and ‘open government’. This book will appeal to researchers and students of British politics, public administration, and history, as well as to all those with an interest in Whitehall reform, or in Labour Party politics.