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Regulating Strikes in Essential Services

Regulating Strikes in Essential Services
Author: Moti Mironi
Publisher: Kluwer Law International
Total Pages: 616
Release: 2018-11-27
Genre: Law
ISBN: 9789041189974

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About this book: Regulating Strikes in Essential Services offers a comparative perspective on one of the most sensitive areas of industrial relations: strike in essential services. 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 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 could be of great value for public policy debate and the enhancement of national law in the field. What's in this book: 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. How this will help you: With its in-depth discussion of the regulatory dilemma of protecting the fundamental right to strike for all employees while ensuring the uninterrupted flow of services, deemed as essential for the public, this book forms a refined and nuanced basis for further academic research. Its contextually relevant options for strategic choice and public policy debate makes this book an incomparable handbook for labour lawyers, legislators, policymakers, 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.


Strikes in Essential Services

Strikes in Essential Services
Author: Gillian S. Morris
Publisher:
Total Pages: 248
Release: 1986
Genre: Political Science
ISBN:

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National Health Service. Prospect for the future.


Strikes in Essential Services

Strikes in Essential Services
Author: B. L. Adell
Publisher: Kingston, Ont. : IRC Press
Total Pages: 272
Release: 2001
Genre: Collective bargaining
ISBN: 9780888865434

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Topics covered include "the complex subject of designing a fair and sensible regime for collective bargaining and essential services."


The Right to Strike

The Right to Strike
Author: Bernd Waas
Publisher:
Total Pages: 0
Release: 2014
Genre: Right to strike
ISBN: 9789041150073

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The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.


Strike Rights of Essential Employees in the U.S.A.

Strike Rights of Essential Employees in the U.S.A.
Author: Joseph E. Slater
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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It addresses the strike rights of employees in essential services in the United States of America. Unlike at least most European countries, U.S. laws do not define 'essential services' for the purpose of strike rights, and generally such laws do not follow the rules the International Labour Organization has set out in this area. Also, unlike most other countries, strike rights are quite different for public employees and private employees. Private employees have broad strike rights (on paper, if not always in practice), under federal statutes. Public employees, in contrast, are typically covered by the laws of the states in which they work, and sometimes by the laws of counties or cities within those states. The clear majority of public-sector labor laws in the US bar strikes by all public employees. This chapter looks at the strike rights of police, firefighters, prison guards, and hospital, and utility workers. Police and fire employees are exclusively public employees (and thus covered by state and local government laws); prison guards are mostly, but not exclusively, public employees; and hospital and utility employees can be either public or private employees. The rights to strike (or lack thereof) of all these employees are determined primarily by whether they are public or private workers, not by the type of work that they do. Public-sector labor laws in the U.S. have some important commonalities regarding strike rights of the relevant employees, but they do vary widely. Still, where they differ, they tend to use one of several discrete types of models. For example, no public-sector labor law in the US permits police, fire service, or prison guards to strike. Instead, US public-sector labor law has developed various, but at least somewhat standardized, alternative methods for resolving bargaining impasses, using combinations of mediation, 'fact-finding' and various types of interest arbitration. This chapter first describes the political and historical background that led to modern U.S. labor laws. It then discusses strike rights and related rules for essential employees in the private sector. It then turns to the more complex issue of bargaining and strike rights for employees in the public sector, among other things describing the different types of models of bargaining and strike rights that exist among the states. This includes, but is not limited to, sanctions for illegal strikes and alternatives to strikes. The chapter also discusses policy debates and actual experience with strikes. It ends with this author's evaluation of US labor law rules in this area.


Strikes in Essential Services

Strikes in Essential Services
Author: Nicholas Finney
Publisher:
Total Pages: 17
Release: 2017
Genre: Great Britain
ISBN: 9781910627495

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The Right to Strike in Public Employment

The Right to Strike in Public Employment
Author: Grace Sterrett Aboud
Publisher:
Total Pages: 72
Release: 1982
Genre: Political Science
ISBN:

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Report and literature survey on the right to strike of public servants in the USA - comments on labour legislation by state (local level), reports on where the right to strike has been granted, and its effect on strike frequency trends from 1963-1980; includes a passage on essential services. Bibliography.


The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO

The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO
Author: Pietro Poretti
Publisher: Kluwer Law International B.V.
Total Pages: 346
Release: 2009-01-01
Genre: Law
ISBN: 9041131620

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"The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.


The Seattle General Strike

The Seattle General Strike
Author: Robert L. Friedheim
Publisher: University of Washington Press
Total Pages: 288
Release: 2018-10-24
Genre: History
ISBN: 0295744618

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�We are undertaking the most tremendous move ever made by LABOR in this country, a move which will lead�NO ONE KNOWS WHERE!� With these words echoing throughout the city, on February 6, 1919, 65,000 Seattle workers began one of the most important general strikes in US history. For six tense yet nonviolent days, the Central Labor Council negotiated with federal and local authorities on behalf of the shipyard workers whose grievances initiated the citywide walkout. Meanwhile, strikers organized to provide essential services such as delivering supplies to hospitals and markets, as well as feeding thousands at union-run dining facilities. Robert L. Friedheim�s classic account of the dramatic events of 1919, first published in 1964 and now enhanced with a new introduction, afterword, and photo essay by James N. Gregory, vividly details what happened and why. Overturning conventional understandings of the American Federation of Labor as a conservative labor organization devoted to pure and simple unionism, Friedheim shows the influence of socialists and the IWW in the city�s labor movement. While Seattle�s strike ended in disappointment, it led to massive strikes across the country that determined the direction of labor, capital, and government for decades. The Seattle General Strike is an exciting portrait of a Seattle long gone and of events that shaped the city�s reputation for left-leaning activism into the twenty-first century.


Regulating Strikes in Essential Services

Regulating Strikes in Essential Services
Author: Moti (Mordehai) Mironi
Publisher: Kluwer Law International B.V.
Total Pages: 618
Release: 2018-11-09
Genre: Law
ISBN: 904119018X

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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.