What Effects Do Public Relations Actions Have on Labor Disputes? a Look at Corporate Campaigns Amie E
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Labour Standards and Economic Integration
Chapter 4 LABOUR STANDARDS AND ECONOMIC INTEGRATION A, INTRODUCTION AND MAIN FINDINGS the establishment of a “social clause” in the GATT. Then there is thc vicw that labour standards are a poten- tial determinant of economic efficiency [Sengenberger Over the last decade, the process of creating and (1991); Castro et al. (‘I 992j1, Without international stand- enlarging regional trading areas (RTAs j has gathered ards, firms will compete by offering poor working condi- momentum. The EC Single Market, European Free Trade tions. The imposition of a floor to wages and employ- Agreement (EFTA) and North America Free Trade ment protection legislation, it is argued, will create a Agreement (NAFTA) are important examples of RTAs in stable labour relations framework conducive to improved the OECD area. The membership of these RTAs includes human capital and higher real incomes, and thereby boost countries with different levels of economic development world trade. Thus, the establishment of certain labour and with different labour standards. The issue arises as to standards would be justified un long-term efficiency whether some degree of harmonization of labour stand- grounds. A third group argues that, on the contrary, ards is called for, so as to prevent trade liberalisation exogenously imposed labour standards may produce det- stemming from economic integration from eroding work- iimental output and trade effects [Fields (1990)l. Accord- ing conditions, Governments and firms may indeed be ing to this vicw, working conditions should improve tcinptcd to put pressure on working conditions and social hand in hand with economic development and so policy- protection in an effort to improve competitiveness in makers should focus on outcomes rather than on the world markets, generating what has been called “social regulations and institutional arrangements governing dumping”. -
A Survey of Perception of Members of the Use of Industrial Action In
A SURVEY OF PERCEPTION OF MEMBERS OF THE USE OF INDUSTRIAL ACTION IN RESOLVING LABOUR DISPUTES AMONG SELECTED TRADE UNIONS IN THE EDUCATION SECTOR IN KISUMU COUNTY OUMA ONYANGO A Management Research Project Submitted in Partial Fulfillment of the Requirement for the Award of the Degree of Master of Business Administration (MBA) School of Business, University of Nairobi October, 2012 DECLARATION This Management Research Project is my original work and has not been presented for award of a degree in the University of Nairobi or any other University. Signed ………………………………………………. Date …………………………… NAME: OUMA ONYANGO Registration Number: D61/63516/2010 This Management Project has been submitted for examination with my approval as University Supervisor. Signed ………………………………………………. Date ……………………………... NAME: MR. GEORGE OMONDI Lecturer School of Business University of Nairobi i DEDICATION This Management Project is dedicated to my late father, Julius Tertius Ouma, whose belief in the power of education has lived in me up to this day, and my late mother Helen Akeyo Lamba, whose perseverance and humility motivated me. ii ACKNOWLEDGEMENT I am grateful to God for seeing me through the entire period of my study and research project. I owe my supervisor Mr. George Omondi special thanks for his immeasurable support and guidance. His positive criticism greatly enhanced and enriched this study. His uncompromising stance on quality and detail greatly motivated me. Special thanks go to my Human Resource Seminar course instructor Professor Peter K’Obonyo of the University of Nairobi for recognizing and appreciating the effort I gave the course thereby inspiring me to further my studies. Lastly, my deep gratitude goes to my family, friends and well-wishers for the belief they have in me. -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Bay Area Apprenticeship Guidebook
Alameda • Contra Costa • Marin • Napa • San Fransisco • San Mateo • Santa Clara • Solano Bay Area Construction Apprenticeship Guidebook Bay Area Construction Apprenticeship Guidebook View online at www.ctwi-btca.org Produced by Construction Trades Workforce Initiative, with the generous support and collaboration of many organizations and individuals. We would especially like to thank the many union apprenticeship coordinators and training directors across the region who contributed information and reviewed content, as well as pre-apprenticeship leaders who prepared materials for their organizations’ profiles. Key Partners Alameda County Building Contra Costa Napa-Solano & Construction Trades Building & Construction Building & Construction Council Trades Council Trades Council Bay Area Oakland Apprenticeship Coordinators Workforce Development Association Board Special thanks to Jon Bersche and the City of Seattle for providing the model for this project, and for so graciously granting permission to adapt some of their materials. On the Cover Juju Ruiz is a union sheet metal apprentice currently working on installing ductwork for the new BART headquarters near Lake Merritt in Oakland. Although she loved the idea of working in construction, she was unsure about how to pursue this career path. After enrolling and graduating from Rising Sun Center for Opportunity’s all-female MC3 pre-apprenticeship program, Women Building the Bay, Juju felt prepared to enter the construction trades. Now, she feels empowered as a mother and career woman to support her family doing work that she is passionate about. Dear Valued Community Members, Far too many people in the Bay Area are unaware of career opportunities in the union construction trades. As the non-profit partner of the Building and Construction Trades Councils in Alameda, Contra Costa, Napa and Solano counties, Construction Trades Workforce Initiative (CTWI) is the regional leader in bridging the gap between organized labor and community stakeholders. -
“They Outlawed Solidarity!”*
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Seattle University School of Law: Digital Commons “They Outlawed Solidarity!”* Richard Blum** Neither slavery nor involuntary servitude . shall exist within the Unit- ed States, or any place subject to their jurisdiction.1 CONTENTS INTRODUCTION ..................................................................................... 984 I. LABOR RIGHTS AND THE PROHIBITION AGAINST INVOLUNTARY SERVITUDE…………………………………………………………….987 II. SECONDARY STRIKES AND NLRA ANTISTRIKE INJUNCTIONS ......... 989 A. Statutory Law ............................................................................... 989 B. Scenarios ...................................................................................... 991 C. Remedies ...................................................................................... 994 III. NLRB CEASE AND DESIST ORDERS AGAINST UNIONS AND THEIR MEMBERS .............................................................................................. 994 IV. ANTISTRIKE INJUNCTIONS IMPLICATE THE THIRTEENTH AND FIRST AMENDMENTS EVEN IF WORKERS CAN PERMANENTLY QUIT THEIR JOBS .............................................................................................................. 998 A. Quitting Individually v. Quitting Collectively .............................. 998 B. Quitting En Masse v. Striking ....................................................... 999 C. Secondary Strikes and the Pollock Principle ............................. 1003 D. -
The Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J
Hofstra Labor and Employment Law Journal Volume 16 | Issue 1 Article 1 1998 Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J. Van Bourg Ellyn Moscowitz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Van Bourg, Victor J. and Moscowitz, Ellyn (1998) "Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace," Hofstra Labor and Employment Law Journal: Vol. 16: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol16/iss1/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Van Bourg and Moscowitz: Salting the Mines: the Legal and Political Implications of Placin HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL Volume 16, No. 1 Fall 1998 ARTICLES SALTING THE MINES: THE LEGAL AND POLITICAL IMPLICATIONS OF PLACING PAID UNION ORGANIZERS IN THE EMPLOYER'S WORKPLACE* Victor J. Van Bourg** Ellyn Moscowitz*** Mr. Chairman .... Thank you for Mr. Chairman, I rise to strongly the opportunity to speak today. I oppose H.R. 3246, mistakenly am here to discuss the serious called the Fairness for Small Busi- * This article was made possible, in part, by a summer research grant from Chapman Uni- versity School of Law, while Ellyn Moscowitz was an Associate Professor of Law there. -
Political Power of Nuisance Law: Labor Picketing and the Courts In
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School. -
A Century of Struggle
A Century of Struggle To mark the 100th anniversary of the formation of the American Federation of Labor, the National Museum of American History of the Smithsonian Institution invited a group of scholars and practitioners "to examine the work, technology, and culture of industrial America . " The conference was produced in cooperation with the American Federation of Labor and Congress of Industrial Organizations . The excerpts on the following pages are drawn from papers and comments at that conference, in the Museum's Carmichael Auditorium, November IS and 16, 1986. Mary Kay Rieg, Olivia G. Amiss, and Marsha Domzalski of the Monthly Labor Review provided editorial assistance. Trade unions mirror society in conflict between collectivism and individualism A duality common to many institutions runs through the American labor movement and has marked its shifting fortunes from the post-Civil War period to the present ALICE KESSLER-HARRIS ideology of American trade unions as they developed in Two competing ideas run through the labor movement, as and post-Civil War period. It also tells us something of their they have run through the American past. The first is the the The conglomeration of unions that formed the Na- notion of community-the sense that liberty is nurtured in impact . Union and the 15,000 assemblies of the an informal political environment where the voluntary and tional Labor of Labor responded to the onslaught of industrial- collective enterprise of people with common interests con- Knights the Civil War by searching for ways to reestablish tributes to the solution of problems . Best characterized by ism after of interest that was threatened by a new and the town meeting, collective solutions are echoed in the the community organization of work. -
3.70.120 Work Stoppage Prohibited [STRIKES]
3.70.120 Work stoppage prohibited [STRIKES]. A. Employees may not engage in strikes, slow downs or intentional work disruptions. Upon a finding by the mayor that employees are engaging or about to engage in a strike or other activity prohibited by this chapter, the municipal attorney may petition to the Superior Court for an injunction, restraining order, or such other order as may be appropriate. B. Prohibited acts by employees and employee representatives. No employee, employee organization, bargaining representative, labor union, association or officer thereof shall engage in, cause, instigate, encourage or condone a strike, slowdown, walkout or other form of voluntary unauthorized work disruption [COLLECTIVE WORK ACTION] against the municipality. [REGARDING ANY SERVICE SPECIFIED IN SECTION 3.70.110.A.1. NO SUCH PERSON OR ORGANIZATION SHALL TAKE SUCH ACTION WITH RESPECT TO SERVICES SPECIFIED IN SECTION 3.70.110.A.2 OR A.3 PRIOR TO COMPLETION OF THE PROCESS DESCRIBED IN SECTION 3.70.110.C OR THEREAFTER, IF THE COURT DETERMINES THAT SUCH ACTION HAS BEGUN TO THREATEN THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.] The municipality shall not engage in a lockout or other procedure designed to prevent willing employees from working. No party shall cause, instigate or encourage a strike by refusing to bargain in good faith over mandatory subjects as defined in this Code. C. [B] Prohibited acts by supervisory personnel. No person exercising on behalf of the municipality any authority, supervision or direction over an employee may authorize, approve, condone or consent to a strike, slowdown, walkout or other form of voluntary unauthorized work disruption by employees. -
Going Karura Colliding Subjectivities and Labour Struggle in Nairobi's Gig Economy
Going Karura Colliding subjectivities and labour struggle in Nairobi’s gig economy Gianluca Iazzolino Firoz Lalji Centre for Africa, Department of International Development, LSE Centre of Socio-legal Studies, University of Oxford [email protected] [email protected] Accepted: 23-Jun-2021 Abstract Based on an ethnography of Uber drivers in Nairobi, my article explores practices of contestation of the gig economy taking place both in the digital and physical space of the city. It argues that the labour struggle against the price policies and the control mechanisms of ride-hailing platforms like Uber foreground the tension between a subjectification from above, in which the platforms construct the drivers as independent contractors, and the shaping of subjectivities through the interaction of the drivers with the digital platforms and with one another. It also suggests that, through contestation, as the one catalysed by the call to ‘go Karura’, logging-off from the app, the workers connect their struggle to a broader critique of processes of exploitation, dependency and subalternity involving the state and international capital. While contributing to the growing literature on the gig economy in low and middle-income countries, my article brings the labour geography scholarship exploring how workers collectively shape economic spaces in conversation with the intellectual tradition of Italian Operaismo (Workerism). In doing so, it highlights the nexus of labour subjectivity and collective agency as mutually constitutive. Introduction On the morning of the 2nd July 2018, about a hundred vehicles converged at the main intersections in downtown Nairobi, grounding the rush-hour traffic of the Kenyan capital to a halt. -
ILO Company-Union Dialogue: an Operational Tool of the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration)
ILO Company-Union Dialogue: An operational tool of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) Questions and Answers Multinational Enterprises and Enterprise Engagement Unit May 2021 ILO/MULTI/May 2021 The ILO company-union dialogue is intended to support “dialogues involving multinational enterprises and the representatives of the workers affected, in particular trade unions, on the application of the principles of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration).” The provisions establishing this facility stress that “dialogue lies at the heart of the MNE Declaration” and that the “ILO, as the global authority on international labour standards, is uniquely placed to support or facilitate such dialogues as part of its overall strategy to promote the uptake of the principles of the MNE Declaration by the various parties.” Therefore, “where a company and a union voluntarily agree to take advantage of using the facilities of the International Labour Office to meet and talk, without prejudice, the Office will provide a neutral ground for discussion of issues of mutual concern.”1 This Q&A document provides information on various aspects of the company-union dialogue and explains how the facility operates in practice. It is based on actual questions received. 1. Types of possible ILO support What kinds of support can the ILO provide through the company-union dialogue? o The ILO can provide one or more of the following types of support: a). provide a neutral ground for parties to engage in meaningful dialogue; b). provide input during company–union dialogue as a technical or expert adviser to inform the company–union dialogue; c). -
Labor Law. Freedom of Speech. Employer's Statement of Open
THE UNIVERSITY OF CHICAGO LAW REVIEW Labor Law-Freedom of Speech-Employer's Statement of Open-Shop Policy or Issuance of Anti-union Literature as Unfair Labor Practice-[Federal].-The decisions of two circuit courts of appeals have raised several questions with respect to the National Labor Relations Act:x (i)Does the act prohibit non-coercive statements of opinion by an employer intended to influence his employees in respect to unioniza- tion activities? (2) Under what circumstances will a statement which on its face is non- coercive be regarded as coercive? (3)Does prohibition of such statements violate the employer's right to freedom of speech? In one case an employer, almost immediately after a unionization drive was begun, enclosed in each pay envelope a statement of open-shop policy. Shortly thereafter, plant operations were decreased, employees active in the organizational movement were discharged, and a company union was fostered. The National Labor Relations Board found that under the surrounding circumstances, the declaration of policy, "de- signed to discourage organizational efforts," was an unfair labor practice under Section 8(i)2 of the National Labor Relations Act.3 On petition by the board to the Circuit Court of Appeals for the Third Circuit for a decree enforcing its cease and desist order, held, that there was substantial evidence to sustain the board's findings. Decree of en- forcement granted. NLRB v. Elkland Leather Co.4 In the other case, an employer dis- tributed to his employees literature which criticized and argued against unions. In ad- dition, employees engaged in organizational activities were discharged, and physical force was used to prevent pro-union literature from being distributed.