DOCSLIB.ORG

Temporary Contracts, Precarious Employment, Employees’ Fundamental Rights and EU Employment Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Temporary Contracts, Precarious Employment, Employees’ Fundamental Rights and EU Employment Law DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS PETITIONS Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law STUDY Abstract This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions, was prepared to assess the nature and extent of employment precariousness in the framework of EU fundamental rights and employment law. The analysis focuses on two broad areas, namely atypical forms of employment and franchising. The report identifies a number of ‘protective gaps’ at various levels of regulation and puts forward policy recommendations that are informed by the need to adopt holistic and comprehensive action for addressing what emerges as a constantly moving target. PE 596.823 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Committee on Petitions and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. Policy departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizens’ Rights and Constitutional Affairs or to subscribe to its newsletter please write to: [email protected] Research Administrator Responsible Martina SCHONARD Policy Department C: Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] AUTHOR(S) Aristea KOUKIADAKI, Work and Equalities Institute and School of Law, University of Manchester, UK. Ioannis KATSAROUMPAS, University of Sussex, UK. LINGUISTIC VERSIONS Original: EN Manuscript completed in November 2017 © European Union, 2017 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law __________________________________________________________________________________________ CONTENTS CONTENTS 3 LIST OF ABBREVIATIONS 5 LIST OF BOXES 6 LIST OF FIGURES 6 LIST OF TABLES 8 TABLE OF CASES 9 EXECUTIVE SUMMARY 13 1. INTRODUCTION 18 1.1. Defining precarious work 19 1.2. EU fundamental social rights: The constitutional foundation against precarious employment 28 1.3. Protective gaps, precarious work and EU law 33 2. THE INDIVIDUAL DIMENSION OF PRECARIOUSNESS: THE CASE OF ATYPICAL WORK 41 2.1. Developments in atypical work 41 2.1.1. Part-time work 41 2.1.2. Fixed-time work 45 2.1.3. The relationship between atypical work and health and safety 47 2.1.4. The case of Zero-Hours Contracts (ZHCs) in the UK 49 2.1.5. The case of flexi-job contracts (FJCs) in Belgium 58 2.1.6. Concluding remarks 62 2.2. The relationship between EU primary law and atypical work 62 2.2.1. Equality between atypical and standard workers as a general principle of EU law 63 2.2.2. EU primary law and inclusive labour standards 64 2.2.3. Concluding remarks 66 2.3. EU secondary law 67 2.3.1. Atypical Work Directives 67 2.3.2. Interaction with EU anti-discrimination legislation 77 2.3.3 Concluding remarks 80 3. THE COLLECTIVE DIMENSION OF PRECARIOUSNESS: THE CASE OF FRANCHISING 81 3.1. Franchising: The paradoxical business architecture 81 3.2. Franchising and (representational) precariousness: The labour architecture 83 3 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ 3.3. Franchising and EU law: Identifying the gaps 86 3.3.1. Primary EU Law 87 3.3.2. Secondary EU Law 88 3.3.3. Collective Bargaining and Industrial Action 96 3.4 Concluding remarks 97 4. THE INTERPLAY BETWEEN DIFFERENT POLICY MEASURES 98 4.1. Introduction 99 4.2. The working time dimension of precariousness: Atypical workers and the Working Time Directive 100 4.2.1. Personal scope of application 100 4.2.2. The substantive content of the Working Time Directive 101 4.3. The informational dimension of precariousness: Atypical work and the Written Statement Directive 104 4.3.1. Scope of application 105 4.3.2. Substantive content of the Written Statement Directive 105 4.4. Franchising, atypical work and representational precariousness: The case of the fast-good sector 107 5. CONCLUSION AND POLICY RECOMMENDATIONS 111 5.1. Introduction 112 5.2. Inclusive labour standards 115 5.3. Equal treatment and the relevance of working time regulation 118 5.4. Effective labour standards 120 5.5. Conclusion 122 REFERENCES 123 4 Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law __________________________________________________________________________________________ LIST OF ABBREVIATIONS ABVV/FGTB General Federation of Belgian Labour ACLVB/CGSLB General Confederation of Liberal Trade Unions of Belgium AG Advocate General CFREU Charter of Fundamental Rights of the European Union CJEU Court of Justice of the European Union CSC-ACV Confederation of Christian Trade Unions CRD Collective Redundancies’ Directive EC European Commission EP European Parliament EU European Union EWC European Works’ Council EWCD European Works’ Council Directive FCJ Flexi-Job Contract FTC Fixed-Term Contract HORECA Hotel/Restaurant/Café ICD Information and Consultation Directive NGHC No Guaranteed Hours Contract ONS Office for National Statistics SER Standard Employment Relationship TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union TUD Transfer of Undertakings’ Directive UK United Kingdom ZHCs Zero-Hours Contracts 5 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ LIST OF BOXES BOX 1 Re-employment, job quality, health and allostatic load biomarkers 48 BOX 2 The Wippel case 73 BOX 3 Abercrombie and Fitch Italia Srl v Bordonaro 79 BOX 4 Franchising as an Economic Activity within the EU 83 BOX 5 Defining the notion of the ‘controlling undertaking’ 90 BOX 6 Definition of collective redundancies 94 BOX 7 Main entitlements and limits under the Working Time Directive 101 Box 8 Franchising and Social Dialogue in France 117 LIST OF FIGURES FIGURE 1 The relationship between organisational and employment fragmentation 27 FIGURE 2 Persons employed part-time in EU Member States – Percentage of total employment (2016) 42 FIGURE 3 Employment rate of the population aged 20-64 and percentage of part-time workers by gender in 2015 42 FIGURE 4 Underemployed part-time workers, persons aged 15-74, all countries and EU-28, annual average, 2016 (% of part-time workers) 43 FIGURE 5 Involuntary part-time employment, by age group, EU-28, 2008 and 2016 44 6 Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law __________________________________________________________________________________________ FIGURE 6 Temporary employment in Italy as a percentage of the total employment, per age groups (2005-2017) 45 FIGURE 7 Involuntary temporary employees, by age group, EU-28, 2008 and 2015 46 FIGURE 8 Temporary employment in Italy as percentage of the total employment: men and women (2007-2016) 47 FIGURE 9 Number (thousands) of people in employment reporting they are on a zero hours contract (2000 to 2017) 53 FIGURE 10 Number (thousands) of people on ZHCs by length of time with current employer (2016 and 2017) 53 FIGURE 11 Percentage of businesses making some use of contracts that do not contain a minimum number of hours by size of business (May 2017) 54 FIGURE 12 Percentage of all employees on contracts that do not guarantee a minimum number of hours by industry (2017) 55 FIGURE 13 Comparison of percentages (%) of people who are in employment on a “zero-hours contract” and who are not on a “zero-hours contract” by sex, April to June 2017 55 FIGURE 14 Comparison of percentages (%) of people who are in employment on a “zero- hours contract” and who are not on a “zero-hours contract” by age, April to June 2017 56 FIGURE 15 Comparison of percentages (%) of people who are in employment on a “zero-hours contract” and who are not on a “zero-hours contract” on full-time and part-time basis, April to June 2017 56 FIGURE 16 Percentage of people on a ZHC by industry, ranked highest to lowest (2017) 57 FIGURE 17 Percentage of people in each industry in employment on a ZHC, ranked highest to lowest (2017) 57 FIGURE 18 Interplay between franchising, atypical employment and voice 107 7 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ LIST OF TABLES TABLE 1 References to precariousness in CJEU case law in the area of social policy 23 TABLE 2 Identifying precarious work indicators/determinants – main examples 34 TABLE 3 Protective gaps shaping precarious employment 38 TABLE 4 Comparison of employment rights for employees, workers and the self-employed 52 TABLE 5
Load more

Recommended publications
  • Vicious Cycles, Moving from Benefits Into Work and Back Again
    es CYCL and Jessica Prendergrast ious Sustained employment C I V Ian Mulheirn, Beth Foley, Verena Menne and welfare reform for the next decade VICIOUS CYCLES: SUstAinED EmplOYMEnt AND WElfARE REFORM FOR THE NEXT DECADE THE SOCIAL MARKET FOUNDATIOn SOCIAL MARKET FOUNDATION Tufton11 Street | Westminster | London SW1P 3QB Phone: 020 7222 7060 | Fax: 020 7222 0310 www.smf.co.uk OC-001794 -C . SA no rt Ce ISBN: 1-904899-66-8 £10.00 Kindly supported by Every year millions of people in the UK are stuck in vicious into cycles, moving work from benefits and back again. unemploymentPast rises. These transitory patterns employmentexperienceof hugecomecostsat both to suggests this problem individuals and taxpayers. Breakingis the cycle has never been more important.set to grow as In this report, the authors review a wide range of measures designed to achieve sustained employment. But the evidence suggests that, while there are myriad different approaches, there are few consistently effective interventions across all jobseekers. Despite this, there is a tendency for policymakers centrally to determine through what a worksrange of and specialisedration programmes.resources They should that allow front-lineinstead providers allocate to design services according individualthe to need.structures The authors therefore argue that government must payment-by-resultsgo much frameworkfurther to in encompassextending all the jobseekers programme.within Thisa wouldsingle create multi-clienta simplified, innovative and flexiblesystem. employment serviceDoing so offers theeffectiveness prospect and fairnessof of substantial the welfare-to-work improvements system of in thedecadetackling future.highunemployment both andimproving Over public sector theefficiency the comingwill dominate cost- the agenda: this report offers a roadmapto achieving both.
    [Show full text]
  • Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice
    RUSHING UNION ELECTIONS: PROTECTING THE INTERESTS OF BIG LABOR AT THE EXPENSE OF WORKERS’ FREE CHOICE HEARING BEFORE THE COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION HEARING HELD IN WASHINGTON, DC, JULY 7, 2011 Serial No. 112–31 Printed for the use of the Committee on Education and the Workforce ( Available via the World Wide Web: www.gpo.gov/fdsys/browse/committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov U.S. GOVERNMENT PRINTING OFFICE 67–240 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON EDUCATION AND THE WORKFORCE JOHN KLINE, Minnesota, Chairman Thomas E. Petri, Wisconsin George Miller, California, Howard P. ‘‘Buck’’ McKeon, California Senior Democratic Member Judy Biggert, Illinois Dale E. Kildee, Michigan Todd Russell Platts, Pennsylvania Donald M. Payne, New Jersey Joe Wilson, South Carolina Robert E. Andrews, New Jersey Virginia Foxx, North Carolina Robert C. ‘‘Bobby’’ Scott, Virginia Bob Goodlatte, Virginia Lynn C. Woolsey, California Duncan Hunter, California Rube´n Hinojosa, Texas David P. Roe, Tennessee Carolyn McCarthy, New York Glenn Thompson, Pennsylvania John F. Tierney, Massachusetts Tim Walberg, Michigan Dennis J. Kucinich, Ohio Scott DesJarlais, Tennessee David Wu, Oregon Richard L. Hanna, New York Rush D. Holt, New Jersey Todd Rokita, Indiana Susan A. Davis, California Larry Bucshon, Indiana Rau´ l M. Grijalva, Arizona Trey Gowdy, South Carolina Timothy H.
    [Show full text]
  • The Case Against the So-Called Right to Work Act, 15 La
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 15 | Number 1 Survey of 1954 Louisiana Legislation December 1954 The aC se Against the So-Called Right to Work Act William J. Dodd Repository Citation William J. Dodd, The Case Against the So-Called Right to Work Act, 15 La. L. Rev. (1954) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol15/iss1/18 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. The Case Against the So-Called Right to Work Act William J. Dodd* Act 252 of 1954, referred to as "Louisiana's Right to Work Law," was without question the most controversial legislative problem considered during the 1954 legislative session. The act is class legislation and may well result in a disruption of the otherwise harmonious labor relations that have existed in Lou- isiana up to the present time. Without attempting to go into the reasons why the sponsors and backers of this legislation promoted its passage, let us look at the harm the enforcement of this act can bring to labor relations in Louisiana. Briefly, the following indictments can be brought against this so-called "Right to Work" act:' It will disrupt the harmonious relations presently existing between labor and management and unreasonably restrict em- ployees in the exercise of freedom of speech and communication by forbidding picketing or other lawful means of communi- cating the facts regarding labor disputes.
    [Show full text]
  • The Case for a Fair Deal Labor Policy, Speeches in Senate, Washington, D.C., June 10 and 14, 1949
    Th_e Case for a Fair Deal Labor Policy Speeches of HON. HUBERT H. HUMPHREY of Minnesota In the Senate of the United States l June 10 and 14, 1949 "I submit that the processes of democracy are a s relentless and ever-flowing as the )ide itself ..• the American people, the worlcing people of this country, the people who have been oppressed by this law-, are determined that they are going to remove this kind of punitive legislation from the statute books, and are determine.d that they are going to have something to say about the proc­ esses of government, because this country is their r-- country, as well as it is yours and mine." NOT PRINTED AT GOVERNM~NT EXPENSE 844385---30518 <tongrrssional Rrcord PROCEEDINGS AND DilBATES OF THE 81st CONGRESS, FIRST SESSION A Case For a Fair .Labor Policy SPEECHES of the appropriate purposes· of such pol­ OF icy. What can_a Government labor pol­ icy achieve and what are its limits? Table of Contents HON. -HUBERT H. HUMPHREY What should a Government try to do in OF MINNESOTA that field, and what should it refrain IN THE SENATE OF THE UNITED STATES from trying to do? Page June 10 and 14, 1949 Statements of objectives too often are Objectives of a. National L abor Policy____________ 3 mere generalizations on which everyone The P lace of Labor Unions in Our Economy______ 8 can agree. This is true of much of the June 10, 1949 "declaration of policy" in the preamble H istorical Background of Government's Attitude The Senate resumed the consideration of.
    [Show full text]
  • BRINGING the WORKERS' RIGHTS BACK IN? the Discourses And
    Simon Pahle Philosophiae Doctor (P Department of International EnvironmentNorwegian and Development University Studies, of Life SciencesNoragric • Universitetet for miljø- og biovitenskap ISBN 978-82-575-0980-4 ISSN 1503-1667 BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying h D) Thesis 2011:16 Core Labour Standards through a Labour- Trade Linkage Simon Pahle Philosophiae Doctor (P h D) Thesis 2011:16 Norwegian University of Life Sciences NO–1432 Ås, Norway Phone +47 64 96 50 00 www.umb.no, e-mail: [email protected] BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying Core Labour Standards through a Labour-Trade Linkage Philosophiae Doctor (PhD) Thesis Simon Pahle Department of International Environment and Development Studies (Noragric) Norwegian University of Life Sciences (UMB) Ås 2011 Thesis number 2011:16 ISBN 978-82-575-0980-4 ISSN 1503-1667 TIL MATHIAS & GABRIEL (Alt har sin pris) BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying Core Labour Standards through a Labour-Trade Linkage ABSTRACT Throughout the 1990s the International Confederation of Free Trade Unions (ICFTU) conducted a campaign to convince states to institute a linkage between the international labour and trade regimes (also dubbed a social clause): Trading rights granted to countries qua members of the World Trade Organisation (WTO) would be made conditional on their compliance with International Labour Organisation (ILO) core labour standards – i.e., their upholding of the rights that enable workers ‘to claim a fair share of the wealth they have helped to generate’. The proposal was premised on the claim that increasing global competition confers commercial advantages on producers that undercut labour standards, and that this incites a regulatory race to the bottom.
    [Show full text]
  • Classified Job Description Skyward Fiscal/HR Supervisor OSG Salary Schedule Level 3
    104 N. FOURTH AVENUE YAKIMA, WASHINGTON 98902-2636 (509) 573-7000 Website: www.YSD7.org Classified Job Description Skyward Fiscal/HR Supervisor OSG Salary Schedule Level 3 Directly Responsible To: Executive Director of Financial Services Minimum Qualifications: • Bachelor’s Degree preferred. • Five years of experience using Skyward/WESPaC HR/Payroll/Fiscal systems is required. • In depth knowledge of the HR/Fiscal software to successfully implement new modules within the Skyward/WESPaC Suite. • Experience working with application security profiles is required. • Microsoft Office experience in an educational environment working with technical and non-technical staff involving resolution of technical problems and developing enhancement is preferred. • Knowledge of Skyward/WESPaC operational requirements (i.e. file transfers to financial institutions and county treasurer) is required. • Knowledge of computer hardware and software required to produce warrants, 1099’s, 1095’s, W2’s, etc. • Experience working in a Help Desk arena a plus. • Ability to make decisions and prioritize work. • Effective oral and written communications skills. • Effective interpersonal and analytical skills. • Ability to coordinate and prioritize multiple ongoing activities. • Ability to work under pressure. • Establish and maintain an effective working relationship with students, parents, staff and the general public.. • Maintain confidentiality. • Established record of dependability, flexibility, and regular attendance. Primary Function: This position provides support and assistance with data systems related to Fiscal/HR/Payroll used by the school district. This position supervises and monitors the Skyward HR/Fiscal module and acts as the liaison between system users and WSIPC by coordinating system-related activities and services. Provides technical support and training, resolves all information system related issues, prevents mission critical processes from failing and stays up to date and implements application changes from WSIPC.
    [Show full text]
  • The Rise of the Medical Mcjob: Why We Should Turn the Clock Back
    The rise of the medical McJob: why we should turn the clock back When Aneurin Bevan, William Beveridge, decade has been characterised by a paucity two-thirds. 7 With this, an emerging body of and Ernest Bevin proposed a National of public debate on major issues, and a opinion is concerned that the pendulum has Health Service in the mid-1940s, the idea tendency to dismiss the concerns of those swung too far the other way. 6 Women have was met with considerable resistance from holding a contrary opinion — woe betide brought much to medicine, including better the medical profession. It was eventually anyone who challenged the prevailing performance in exams 8 and more patient- accepted in 1948 with the promise of orthodoxy by, for example, suggesting that centred consultations. 9 Nevertheless, after sweeteners which were, for consultants and a spending spree financed by irresponsible four decades of feminist rhetoric, society GPs respectively, the right to continue levels of personal debt was not sound still expects women to do the majority of private practice and independent contractor economic planning. Secondly, a coarser childrearing, leading to most opting to work status (whether working single-handed or in form of capitalism spawned an economic part-time. 10 General practice therefore bears partnership). This prototype has survived system where corporate profit relied on a a disproportionate burden of the fallout, over six decades and is the one within flexible, ultimately dispensable workforce, such as maternity leave and loss of which most GPs still work. However, in especially in sectors such as catering, continuity of care.
    [Show full text]
  • The Twentysomething Guide to Creative Self-Employment
    The Twentysomething Guide to Creative Self-Employment Making Money While Keeping Your Freedom Jeff Porten This work is Creative Commons AttributionNoncommercial No Derivative Works 3.0 United States License <http://creativecommons.org/licenses/byncnd/3.0/us/>. You may redistribute the complete work freely, but you are not li censed to use portions of this text in your own work. If you wish to reuse any portions of this work for commercial purposes, or if you want to thank the author with a donation, an alternately licensed version of this work is available at http://www.stilltwenty.com. That Creative Commons Attribu tion 3.0 license allows you to remix and reuse the content of this work for any purpose, personal or commercial, provided you attribute the original work to Je Porten. The Still Twenty website <http://www.stilltwenty.com> provides the latest version of this ebook, a blog with a Creative Self Employment tip of the day, and other resources. This book is dedicated to the memory of Bettina Pruckmayr, who should have bee able to attend my first book party. We miss you. Contents Preface to the Ebook Edition Acknowledgments 1 Out of the Rat Race My Ticket OutPerhaps Yours Too Knowing a Fortune When You Find One Deciding to Take Control 2 Don’t “Just Do It!” Can You Hack It? Our First, Last, and Only Writing Exercise HalfAssed Eorts and Complete Asses 3 What to Do Before You Start Step One: Bliss Quest Step Two: Think Like a Mercenary Bastard Step Three: Inventing the Job Step Four: Fallbacks 4 Getting Down to Business Selling Your
    [Show full text]
  • CITY of MISSION VIEJO Invites Applications for ANIMAL SERVICES REPRESENTATIVE $20.83 - $28.68 Per Hour
    CITY OF MISSION VIEJO Invites applications for ANIMAL SERVICES REPRESENTATIVE $20.83 - $28.68 per hour APPLY BY: 3:00 P.M., MON DAY, MARCH 22, 2021 The City of Mission Viejo is accepting applications from qualified applicants for the part-time position of Animal Services Representative. Applicants are encouraged to promptly return their application materials, as the review of applications will begin prior to the scheduled closing date. The eligibility list established for this position may be used to fill future full-time, part-time, or at-will hourly, seasonal and/or temporary Animal Services Representative vacancies. There is (1) part-time vacancy assigned to dispatch duties scheduled to work twenty (20) hours per week: Two (2) 8-hour work days and a 4-hour work day, Sunday through Tuesday; or Five (5) 4-hour work days, Friday through Tuesday at the Animal Shelter. The schedule may vary depending on the needs of the City. The individual selected must be able to work a flexible schedule that may include, but is not limited to evenings, weekends, and holidays. This is a non-exempt position in the City's general employee group. THE CITY AND DEPARTMENT The City of Mission Viejo is committed to providing services that are responsive, innovative, fiscally sound, and that will result in a caring community where people are the difference. The Mission Viejo Animal Shelter provides animal licensing, field, and shelter services for the cities of Mission Viejo, Laguna Niguel, Aliso Viejo, Laguna Hills, and Rancho Santa Margarita. With competitive pay, an assortment of benefits, and opportunities to develop skills while having a healthy work/life balance, it’s a great place to work! KEY RESPONSIBILITIES INCLUDE Provides exceptional customer service to citizen inquiries and/or concerns; resolves citizen complaints by exercising fair, independent judgment and applying applicable policies, procedures and regulations.
    [Show full text]
  • SOME LIMITATIONS UPON UNION DISCIPLINE UNDER the NATIONAL LABOR RELATIONS ACT: the RADIATIONS of a LLIS-CHA Lmerst WILLIAM B
    VOLUME 1970 DECEMBER NUMBER 6 SOME LIMITATIONS UPON UNION DISCIPLINE UNDER THE NATIONAL LABOR RELATIONS ACT: THE RADIATIONS OF A LLIS-CHA LMERSt WILLIAM B. GOULD* In the Cordwainers' Case' which formulated the conspiracy doctrine in order to repress the "unlawful combination" of American workers at the beginning of the previous century, the judge predicated his instructions to the jury, in part, upon the existence of serious and severe penalties to which employees would be subjected if a labor organization were able to form and exert economic pressure.2 Of course the conspiracy doctrine and-to a much lesser extent-its next of kin, the labor injunction3 and anti-trust law,' have disappeared t This article is an extension of a paper delivered at the Seventeenth Annual Institute on Labor Law, Southwestern Legal Foundation at Dallas, Texas, on October 15, 1970. The Proceedings of the Institute were published by Matthew Bender & Co., Inc., copyright 01971; this article is published with their permission. The author is indebted to Richard Goodman of the Class of 1971 of Wayne State University Law School for research assistance rendered in the preparation of this article. My discussions with Jerome Brooks, Regional Director for the Seventh Region of the National Labor Relations Board, Bernard Gottfried, Regional Attorney for the Seventh Region of the National Labor Relations Board, and my colleague, Professor Robert Berry, have all stimulated me to think further on the issues involved in this paper. Of course, the analysis and conclusions of this article are solely those of the author. * Professor of Law, Wayne State University; Member of National Academy of Arbitrators.
    [Show full text]
  • Constructing the Temporal and Spatial in Commercial Punk Imagery
    This is a repository copy of Punk’s dead knot: Constructing the temporal and spatial in commercial punk imagery. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/109284/ Version: Accepted Version Article: Trowell, I.M. (2016) Punk’s dead knot: Constructing the temporal and spatial in commercial punk imagery. Punk & Post Punk, 5 (2). pp. 181-199. ISSN 2044-1983 https://doi.org/10.1386/punk.5.2.181_1 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ P dead knot: constructing the temporal and spatial in commercial punk imagery Abstract: This article analyses two deliberately constructed visual artefacts broadly classed within the punk style; a photograph from 1976 and a 30 second commercial from 2016.
    [Show full text]
  • Post-War Class Struggle and the Crisis of Left Politics
    POST-WAR CLASS STRUGGLE AND THE CRISIS OF LEFT POLITICS George Ross and Jane Jenson The mass labour movement is in disarray throughout the advanced capitalist world. Its utopias, generations-old visions of a better social future, have ceased to mobilise. Its organisations-unions and parties-are in retreat. Its social base is more and more fragmented. Its erstwhile allies look in new directions. Its politics range from dogged defensiveness of past victories against powerful new capitalist opponents to 'reformulated' positions which, in fact, promise to do much of what these opponents desire. What has happened? The argument presented in this essay is meant to provide a very general answer to this question based on an analysis of the development of class conflict in recent times. In the period immediately following World War I1 a new class compromise was reached in captalist societies, one which reconciled many of the pre-war goals of social democracy, broadly construed, with capital's determined pursuit of a new accumulation strategy. During the extraordinarily long period of post-war economic growth the dynamics of this compromise mutually modified the character and behaviour of capital, labour and the state. Part I shows how class structures and the cutting edge of class conflict were reshaped in important ways. When economic and social crisis finally broke the back of the post- war boom, it did its work not on any abstract situation of class division, but on these specific structures and relations of class conflict. What came apart in crisis for the labour movement were the very things which had been created in the post-war compromise, as Part I1 discusses.
    [Show full text]