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Labour Relations Laws in Canada and the United States

Labour Relations Laws in Canada and the United States
Author:
Publisher: The Fraser Institute
Total Pages: 72
Release: 2009
Genre:
ISBN:

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This study evaluates private-sector labour relations laws by examining provincial laws (which cover the overwhelming majority of Canadian workers) and federal laws in Canada, and federal and state laws in the United States in 2008.4 The study evaluates the extent to which labour relations laws achieve balance and flexibility in the labour market. [...] Jurisdictional differences Prior to the examination of labour relations laws in Canada and the United States, it is important to recognize that there is a marked difference between the two countries in terms of the level of government responsible for the regulation of labour relations. [...] The National Labor Relations Board decides whether the purchaser is a successor employer by taking into account a number of factors including the number of employ- ees taken over by the purchasing employer, the similarity in operations and product of the two employers, the manner in which the purchaser integrates the purchased operations into its other operations, and the character of the bargaini [...] Whether the purchaser is a successor employer is dependent on several factors, including the number of employees taken over by the purchasing employer, the similarity in operations and product of the two employers, the manner in which the purchaser integrates the pur- chased operations into its other operations, and the character of the bargaining relationship and agreement between the union and t [...] The ability to disrupt the operations of third parties means that the union and workers have the ability to affect not only the employer covered by the collective agreement but also any other company doing business with the primary firm and pressure from these third parties may force the employer to settle a strike instead of addressing the reasons for the strike.


The Sources of Labour Law

The Sources of Labour Law
Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
Total Pages: 608
Release: 2019-12-06
Genre: Law
ISBN: 9403502045

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Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.


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.


Comparison of Labour Legislation of General Application in Canada, the United States and Mexico

Comparison of Labour Legislation of General Application in Canada, the United States and Mexico
Author: Canada. Labour Canada
Publisher:
Total Pages: 38
Release: 1991
Genre: Labor laws and legislation
ISBN:

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Although Canada, the United States, and Mexico are federal states, their constitutions deal in different ways with the question of jurisdiction over labour matters. This document covers the major fields of labour law, namely industrial relations, employment standards, occupational safety and health, and workers' compensation.


Regulating Employment Industrial Relations and Labour Law Intl Co

Regulating Employment Industrial Relations and Labour Law Intl Co
Author: Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 226
Release: 2010-01-01
Genre: Law
ISBN: 904113199X

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The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.


Preliminary Report to the Ministerial Council on Labor and Industrial Relations Laws in Canada, the United States, and Mexico

Preliminary Report to the Ministerial Council on Labor and Industrial Relations Laws in Canada, the United States, and Mexico
Author: Commission for Labor Cooperation. Secretariat
Publisher:
Total Pages: 50
Release: 1996
Genre: Labor laws and legislation
ISBN:

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Serves as a brief comparative guide to industrial relations laws in Canada, Mexico and the United States. Covers labour laws related to the first three Labour Principles of the North American Agreement on Labour Cooperation (NAALC) dealing with freedom of association and the right to organize, collective bargaining, and the right to strike.