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Employer and Worker Collective Action

Employer and Worker Collective Action
Author: Andrew G. Lawrence
Publisher: Cambridge University Press
Total Pages: 373
Release: 2014-08-11
Genre: Business & Economics
ISBN: 1107071755
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This book compares sources of worker and employer power in Germany, South Africa, and the United States in order to identify the sources of comparative U.S. decline in union power and to more precisely analyze the nature of labor-movement power. It finds that this power is not confined to allied parties, union confederations, or strikes, but rather consists of the capacity to autonomously translate power from one context to the next. By combining their product, labor market, and labor law advantages through their dominant employers' associations, leading firms are able to impose constraints on labor's free collective bargaining regionally and nationally, defeating employer interests that are more amenable to labor in the process. Through an examination of these patterns of interest organization, the book shows, however, that initial employer advantages prove to be contingent and unstable and that employers are forced to cede to more far-reaching demands of increasingly organized workers.

Informal Workers and Collective Action

Informal Workers and Collective Action
Author: Adrienne E. Eaton
Publisher: Cornell University Press
Total Pages: 393
Release: 2017-04-03
Genre: Political Science
ISBN: 1501707957
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Informal Workers and Collective Action features nine cases of collective action to improve the status and working conditions of informal workers. Adrienne E. Eaton, Susan J. Schurman, and Martha A. Chen set the stage by defining informal work and describing the types of organizations that represent the interests of informal workers and the lessons that may be learned from the examples presented in the book. Cases from a diverse set of countries—Brazil, Cambodia, Colombia, the Dominican Republic, Georgia, Liberia, South Africa, Tunisia, and Uruguay—focus on two broad types of informal workers: "waged" workers, including port workers, beer promoters, hospitality and retail workers, domestic workers, low-skilled public sector workers, and construction workers; and self-employed workers, including street vendors, waste recyclers, and minibus drivers.These cases demonstrate that workers and labor organizations around the world are rediscovering the lessons of early labor organizers on how to aggregate individuals' sense of injustice into forms of collective action that achieve a level of power that can yield important changes in their work and lives. Informal Workers and Collective Action makes a strong argument that informal workers, their organizations, and their campaigns represent the leading edge of the most significant change in the global labor movement in more than a century.Contributors Gocha Aleksandria, Georgian Trade Union Confederation Martha A. Chen, Harvard University and WIEGO Sonia Maria Dias, WIEGO and Federal University of Minas Gerais, Brazil Adrienne E. Eaton, Rutgers, the State University of New Jersey Mary Evans, Rutgers, the State University of New Jersey Janice Fine, Rutgers, the State University of New Jersey Mary Goldsmith, Universidad Autónoma Metropolitana-Xochimilco Daniel Hawkins, National Trade Union School of Colombia Elza Jgerenaia, Labor and Employment Policy Department for the Ministry of Labour, Health and Social Affairs, Republic of Georgia Stephen J. King, Georgetown University Allison J. Petrozziello, UN Women and the Center for Migration Observation and Social Development Pewee Reed, Ministry of Commerce and Industry, Republic of Liberia Sahra Ryklief, International Federation of Workers' Education Associations Susan J. Schurman, Rutgers, the State University of New Jersey Vera Alice Cardoso Silva, Federal University of Minas Gerais, Brazil Milton Weeks, Devin Corporation

Employment Class and Collective Actions

Employment Class and Collective Actions
Author: David Sherwyn
Publisher: Kluwer Law International B.V.
Total Pages: 1190
Release: 2009-01-01
Genre: Law
ISBN: 9041125051
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Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.

Collective Bargaining and Collective Action

Collective Bargaining and Collective Action
Author: Julia López López
Publisher: Bloomsbury Publishing
Total Pages: 312
Release: 2019-03-21
Genre: Law
ISBN: 1509923187
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This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.

Employer and Worker Collective Action

Employer and Worker Collective Action
Author: Andrew G. Lawrence
Publisher: Cambridge University Press
Total Pages: 373
Release: 2014-08-11
Genre: Political Science
ISBN: 1139993461
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This book compares sources of worker and employer power in Germany, South Africa, and the United States in order to identify the sources of comparative US decline in union power and to more precisely analyze the nature of labor-movement power. It finds that this power is not confined to allied parties, union confederations, or strikes, but rather consists of the capacity to autonomously translate power from one context to the next. By combining their product, labor market, and labor law advantages through their dominant employers' associations, leading firms are able to impose constraints on labor's free collective bargaining regionally and nationally, defeating employer interests that are more amenable to labor in the process. Through an examination of these patterns of interest organization, the book shows, however, that initial employer advantages prove to be contingent and unstable and that employers are forced to cede to more far-reaching demands of increasingly organized workers.

Worker Collective Action in the Digital Age

Worker Collective Action in the Digital Age
Author: Jeffrey M. Hirsch
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:
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This article explores some of the ways in which employees have used electronic communications to seek better working conditions and argues that this medium will continue to grow in importance. However, several factors currently exist that limit the effectiveness of electronic collective action. In addition to natural limitations on workers' ability to use electronic media and the effectiveness of those communications, this paper discusses the legal protections that might help to reduce employer resistance to digital collective action. This issue illustrates the Catch-22 of electronic communications: as digital collective action strategies become more accessible and useful, they also become more of a target for employers seeking to thwart employee attempts to improve their working conditions. As described in the article, the legal protections for workplace electronic communications has been in a state of flux. There have been some recent legal gains for employees' ability to use electronic communications (including the NLRB's new Purple Communications decision, which is discussed in detail), but those protections still fall short in some areas. As workers' use of electronic communications becomes more widespread and more effective, the need for legal protection will grow. Yet, pressure from employers to resist an increasingly effective tool for employees will grow as well. How this tension ultimately develops will depend on the ability of legislators, regulators, and judges to balance these competing interests.

Basic Guide to the National Labor Relations Act

Basic Guide to the National Labor Relations Act
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
Total Pages: 68
Release: 1997
Genre: Law
ISBN:
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United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:
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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Negotiating Our Way Up Collective Bargaining in a Changing World of Work

Negotiating Our Way Up Collective Bargaining in a Changing World of Work
Author: OECD
Publisher: OECD Publishing
Total Pages: 270
Release: 2019-11-18
Genre:
ISBN: 9264362576
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Collective bargaining and workers’ voice are often discussed in the past rather than in the future tense, but can they play a role in the context of a rapidly changing world of work? This report provides a comprehensive assessment of the functioning of collective bargaining systems and workers’ voice arrangements across OECD countries, and new insights on their effect on labour market performance today.

Negotiating Solidarity

Negotiating Solidarity
Author: Nedžad Meši?
Publisher: Linköping University Electronic Press
Total Pages: 105
Release: 2017-01-25
Genre:
ISBN: 917685583X
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Precarious migrant workers are today an everyday part of the Swedish labour market. They often work under conditions of vulnerability, on temporary contracts and with few rights. This dissertation examines collective actions aiming to improve the precarious conditions of three categories of workers –discriminated, seasonal and undocumented. The collective actors examined in the dissertation are composed of formal organisations such as non-governmental organisations, organisations founded on ethnic grounds and trade unions, but also more temporary groups and networks. The analysis foregrounds contemporary societal, economical and legal transfigurations that create the conditions for collaboration among the actors and the negotiations which they conduct. The dissertation contains four articles. The first article, addressing the situation of discriminated migrant workers, scrutinises the conditions for the engagement of anti-discrimination agencies. The result of the study illustrates how the actors, as a consequence of state subsidies, alter their original course of conduct by becoming market orientated,which contributes to tensions in relations with other collaborators. The second and third articles focus on the situation of Bulgarian-Roma berry pickers in the 2012 harvesting season. Thesearticles illuminate on the one hand, the driving forces to their labour migration and the challenges faced in Sweden, and on the other, the emergence of different collective actions and their significance for the workers. The fourth article centres on two trade union initiatives for the inclusion of undocumentedmigrant workers. The article analyses the challenges faced by the unions as they seek to extend solidarity to workers who are relegated to informal work. The article also elucidates that this endeavour,nonetheless, may have the potential to transform the political identity of trade unions and, by extension through collaborations with other collective actors, open the doors of solidarity for precarious EU migrants. In sum, the four articles show that there is a broad range of collective actors who are preparedto assist precarious migrant workers and to negotiate and at best improve their labour market conditions.These actors face many and difficult challenges. However, as the dissertation demonstrates, their engagement has made the reality of precarious migrant work visible to the public, legitimised the workers’ needs and enabled them to claim their rights.