Regulating Strikes in Essential Services

Regulating Strikes in Essential Services

A Comparative 'Law in Action' Perspective Moti (Mordehai) Mironi, Monika
Schlachter ... Harris, Seth/Slater, Joseph/Lofaso/Anne Marie/Garden, Charlotte,
Modern Labor Law in the Private and Public Sectors, 2nd ed., 2016 Hodges, Ann,
 ...

Author: Moti (Mordehai) Mironi

Publisher: Kluwer Law International B.V.

ISBN: 9789041190185

Category: Law

Page: 618

View: 911

Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
Categories: Law

Modern Labor Economics

Modern Labor Economics

The laws that have been discussed to this point relate only to the private sector,
where unionism in the United States first flourished. Indeed, prior to the 1960s,
public sector workers were prohibited from organizing. In 1962, however,
President ...

Author: Ronald G. Ehrenberg

Publisher: Routledge

ISBN: 9781315510644

Category: Business & Economics

Page: 688

View: 681

For one-semester courses in labor economics at the undergraduate and graduate levels, this book provides an overview of labor market behavior that emphasizes how theory drives public policy. Modern Labor Economics: Theory and Public Policy, Twelfth Edition gives students a thorough overview of the modern theory of labor market behavior, and reveals how this theory is used to analyze public policy. Designed for students who may not have extensive backgrounds in economics, the text balances theoretical coverage with examples of practical applications that allow students to see concepts in action. Experienced educators for nearly four decades, co-authors Ronald Ehrenberg and Robert Smith believe that showing students the social implications of the concepts discussed in the course will enhance their motivation to learn. As such, the text presents numerous examples of policy decisions that have been affected by the ever-shifting labor market. This text provides a better teaching and learning experience for you and your students. It will help you to: Demonstrate concepts through relevant, contemporary examples: Concepts are brought to life through analysis of hot-button issues such as immigration and return on investment in education. Address the Great Recession of 2008: Coverage of the current economic climate helps students place course material in a relevant context. Help students understand scientific methodology: The text introduces basic methodological techniques and problems, which are essential to understanding the field. Provide tools for review and further study: A series of helpful in-text features highlights important concepts and helps students review what they have learned.
Categories: Business & Economics

Country Reports on Human Rights Practices

Country Reports on Human Rights Practices

However, it declared virtually all public sector workers to be government “
executives,” and therefore legally ineligible to form or ... In the private sector, the
extant 1987 Trade Union Organization Law allows employees to form workers'
committees, with ... Despite the restrictions, however, MOLSA worked with the
International Labor Organization (ILO) during the year to prepare modern labor
legislation that ...

Author:

Publisher:

ISBN: HARVARD:32044115753048

Category: Civil rights

Page:

View: 129

Categories: Civil rights

Divided Unions

Divided Unions

By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over ...

Author: Alexis N. Walker

Publisher: University of Pennsylvania Press

ISBN: 9780812251821

Category: Political Science

Page: 200

View: 884

The 2011 battle in Wisconsin over public sector employees' collective bargaining rights occasioned the largest protests in the state since the Vietnam War. Protestors occupied the state capitol building for days and staged massive rallies in downtown Madison, receiving international news coverage. Despite an unprecedented effort to oppose Governor Scott Walker's bill, Act 10 was signed into law on March 11, 2011, stripping public sector employees of many of their collective bargaining rights and hobbling government unions in Wisconsin. By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over eighty years ago with the passage of the Wagner Act in 1935. Although explicitly about government unions, Walker's book argues that the fates of public and private sector unions are inextricably linked. She contends that the exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, firmly situated private sector law at the national level, while relegating public sector employees' efforts to gain collective bargaining rights to the state and local levels. She shows how private sector unions benefited tremendously from the national-level protections in the law while, in contrast, public sector employees' efforts progressed slowly, were limited to union friendly states, and the collective bargaining rights that they finally did obtain were highly unequal and vulnerable to retrenchment. As a result, public and private sector unions peaked at different times, preventing a large, unified labor movement. The legacy of the Wagner Act, according to Walker, is that labor remains geographically concentrated, divided by sector, and hobbled in its efforts to represent working Americans politically in today's era of rising economic inequality.
Categories: Political Science

A Primer on American Labor Law

A Primer on American Labor Law

This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the ...

Author: William B. Gould IV

Publisher: Cambridge University Press

ISBN: 9781107244740

Category: Law

Page:

View: 237

A Primer on American Labor Law is an accessible guide for non-specialists and labor lawyers - labor and management representatives, students and general practice lawyers, and trade unionists, government officials and academics from other countries. It covers topics such as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector and public-interest labor law. This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the public sector; bankruptcy in both the private and public sector; ADA litigation and 2008 amendments of that statute; new cases on all subjects, but particularly Bush and Obama NLRB decisions, sexual harassment, sexual orientation, and retaliation; and the globalization of labor disputes in labor-management relations in the United States, with particular reference to professional sports disputes and the extraterritoriality of American labor law generally.
Categories: Law

Law and Economics Other areas of private and public law

Law and Economics  Other areas of private and public law

But the core of modern labor law remains the NLRB ' s regulation , under the
Wagner Act as amended by the Taft ... Compulsory arbitration is also a common
legal regime for labor relations in the public sector , which is exempt from the
federal ...

Author: Richard A. Posner

Publisher:

ISBN: STANFORD:36105060396335

Category: Law and economics

Page: 656

View: 844

Categories: Law and economics

LAW AND POLICY IN INTERNATIONAL BUISNESS

LAW AND POLICY IN INTERNATIONAL BUISNESS

However, in the present scenario, the NLRA (in the private sector) posits a
different preference, intending workers to ... THE ECONOMICS OF PUBLIC
SECTOR LABOR RELATIONS Public sector labor markets are different from
private ... Detroit Board of Education, 431 U.S. 209, 227–29 (1977); see generally
Ronald G. EHRENBERG & RoberT STEwART SMITH, MoDERN LABOR
ECONOMICs, ch.

Author:

Publisher:

ISBN:

Category:

Page:

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Categories:

Labor and the Growth Crisis in Sub Saharan Africa

Labor and the Growth Crisis in Sub Saharan Africa

Income security is also an issue for workers in the modern sector. One approach
is regulations that make it difficult for private firms or public employers to layoff
workers. Job security legislation is needed to limit unfair practices and protect ...

Author:

Publisher: World Bank Publications

ISBN: 0821333437

Category: Social Science

Page: 29

View: 896

Annotation Reviews labor market outcomes in Sub-Saharan Africa and analyzes what is required to spur economic growth through increased efficiency of physical and human capital. "World Development Report 1995: Workers in an Integrating World" examines ways of improving labor outcomes in low- and middle-income economies. This regional perspective focuses on Sub-Saharan Africa in relation to the four areas in need of labor policy reform that were identified in the Report: development strategy, international integration, labor market interventions, and transformation to greater market orientation. The paper reviews labor market outcomes in the region and analyzes what is required to achieve economic growth through increased efficiency of physical and human capital. It examines Africa's role in the world economy and why greater integration is essential to the region. It also discusses labor policies and how workers in the region are affected by the transition to open development strategies. The prospects for the region's growing labor force are briefly reviewed.
Categories: Social Science

Public Human Resource Management

Public Human Resource Management

In discussing labor relations, we often hear the words labor and management
used as though they describe two opposing ... to join a union, because in the
adversarial legal framework of US labor relationships, they are on the “
management side. ... Therefore, to understand how public sector labor unions
function, it is important to understand the history of private ... The modern union
has its origins in the workers' guilds that began to form before the peak of the
Industrial Revolution in ...

Author: R. Paul Battaglio Jr.

Publisher: CQ Press

ISBN: 9781483322193

Category: Political Science

Page: 440

View: 494

Public Human Resource Management: Strategies and Practices in the 21st Century offers a novel take on public human resource management (PHRM) by providing practical guidance for practitioners operating in a drastically reformed HR environment. Author R. Paul Battaglio assesses how the traditional practice of public HR has changed—and not necessarily for the better--by looking at new material on human resource information systems, managing motivation in the public sector, and public HR management education (a topic rarely found in contemporary PHRM texts). Public Human Resource Management is an essential guide to managing and navigating the challenges and opportunities posed in the changing landscape of HR reform.
Categories: Political Science

Public Personnel Administration and Constitutional Values

Public Personnel Administration and Constitutional Values

... and Due Process Protection At the core of modern personnel management —
whether in the public sector or the private sector ... The concept of public
employment as it has evolved in contemporary American constitutional law is
unique and ...

Author: Yong S. Lee

Publisher: Greenwood Publishing Group

ISBN: 0899306101

Category: Business & Economics

Page: 167

View: 521

Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. The new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. This non-technical book provides, for the first time, a comprehensive review of case laws principles that are central to today's personnel management and decision-making: procedural due process, First Amendment freedoms, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability.
Categories: Business & Economics

Worker Rights and Labor Standards in Asia s Four New Tigers

Worker Rights and Labor Standards in Asia   s Four New Tigers

Moreover, labor laws require that women be given equal pay for work of equal
value. ... Public sector employment accounts for over a quarter of all salaried
employment, and about 6% of the labor force as a whole. ... The government is
now facing a brain drain as many of the best-trained civil servants leave for the
private sector. ... prestige associated with civil service jobs is waning in the face
of more lucrative employment opportunities created by a rapidly growing modern
economy.

Author: Marvin J. Levine

Publisher: Springer Science & Business Media

ISBN: 9780585346496

Category: Business & Economics

Page: 476

View: 601

As China, Indonesia, Thailand, and Malaysia become world economic powers, questions arise regarding the fate of workers in these countries. This book examines the difficult road traveled by human rights movements in these nations when trying to create independent labor organizations free from governmental interference. The in-depth treatment includes: a worker's rights/labor standards model individumental interference comprehensive data tables on many aspects of the labor struggle ally crafted for each of these nations comprehensive data tables on many aspects of the labor struggle China's problems as it moves from complete state economic control to a modified form of capitalism.
Categories: Business & Economics

Vietnam

Vietnam

VOTECH were paid, and it was more than workers in the private sector earned
with any of these educational qualifications. Figure 5.4. Monthly Earnings of
Private and Public Sector Wage Workers 260 248 ... Moreover, modern labor
practices are new to Vietnam. ... issues including labor contracts, unions,
collective bargaining, training, social insurance, and working conditions and
safety regulations (see ...

Author:

Publisher:

ISBN: UOM:39015040865811

Category: Education

Page: 145

View: 301

Categories: Education

University of Michigan Official Publication

University of Michigan Official Publication

This is an introduction to the federal regulation of union - employer - employee
relations in the private sector . ... Edwards , Clark , and Craver , Labor Relations
Law in the Public Sector ( Michie , 3d ed . , 1985 ) , with Statutory Appendix and ...
The subjects covered will link up with modern courses on the modern law ...

Author: University of Michigan

Publisher: UM Libraries

ISBN: UOM:39015078740761

Category: Education, Higher

Page:

View: 483

Each number is the catalogue of a specific school or college of the University.
Categories: Education, Higher

The Japan Annual of Law and Politics

The Japan Annual of Law and Politics

So, in commemoration of it, the publication of A Series of Books on Modern Labor
Law (15 volumes) was planned. ... given a voluntary industrial harmony in the
private sector on the one hand, and a denial of workers' rights in the public sector
 ...

Author:

Publisher:

ISBN: UOM:39015078628594

Category: Japan

Page:

View: 697

Categories: Japan

Current Labour Law

Current Labour Law

It draws its mandate from the RDP,1 inspiration from South African practice, and
the modern labour market policies of other ... by encouraging broader
participation in decisions about the economy in both the private and the public
sector'.

Author: Halton Cheadle

Publisher:

ISBN: STANFORD:36105061811274

Category: Labor laws and legislation

Page:

View: 636

Categories: Labor laws and legislation

Public Expenditure Policies in Southeast Europe

Public Expenditure Policies in Southeast Europe

There is a need to strengthen governments' capacity to monitor and control public
sector employment levels and wage costs. ... Generous bonuses and allowances
are common, compression ratios are low, politicization still high, and modern
performance ... However, public sector wages are high compared to the private
sector at least in Bosnia and Herzegovina for ... Because many of the allowances
are enshrined in the labor law, its revision would need to be part of the reform.

Author: Ivailo V. Izvorski

Publisher: World Bank Publications

ISBN: 0821374516

Category: Political Science

Page: 120

View: 614

The countries of Southeast Europe have undergone a significant transition over the past decade. Helped by macroeconomic stabilization and efforts in advancing structural reforms, real GDP growth has picked up this century. Fiscal adjustment has been an integral part of the transition. Expenditure cuts have helped trim spending relative to GDP in most countries in the region and cut fiscal deficits everywhere except in Serbia. Progress in fiscal consolidation has been substantial, but in several of the countries the government's presence in the economy remains oversized. Costs related to advancing EU integration and completing reforms are expected to generate further pressures for public spending. Creating the fiscal space for addressing such pressures would require a further reduction in existing spending, given that there is still scope for increasing tax rates. The report identifies key remaining challenges and proposes a menu of options in further reforms in sectors that account for the largest shares of public spending, and where reforms are likely to have significant budgetary implications. The sectors discussed in the report are social protection, health, education, public administration, and infrastructure.
Categories: Political Science

Journal of Collective Negotiations in the Public Sector

Journal of Collective Negotiations in the Public Sector

Anthony Bartlett wrote , “ Almost from the inception of the modern labor arbitration
system , commentators warned ... Nevertheless , they did offer two predictions :
arbitrations will of necessity become more legalistic , and the use of ... These
predictions do not necessarily apply to the public sector , especially since the
degree of unionization is much higher in the public sector than in the private
sector .

Author:

Publisher:

ISBN: CORNELL:31924082806393

Category: Collective bargaining

Page:

View: 577

Categories: Collective bargaining