Labour Relations Laws in Canada and the United States

Labour Relations Laws in Canada and the United States PDF Author:
Publisher: The Fraser Institute
ISBN:
Category :
Languages : en
Pages : 72

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Book Description
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.

Labour Relations Laws in Canada and the United States

Labour Relations Laws in Canada and the United States PDF Author:
Publisher: The Fraser Institute
ISBN:
Category :
Languages : en
Pages : 72

Get Book Here

Book Description
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.

United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506

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Book Description
"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.

Employment Relations in the 21st Century

Employment Relations in the 21st Century PDF Author: Valeria Pulignano
Publisher: Kluwer Law International B.V.
ISBN: 9403518200
Category : Law
Languages : en
Pages : 304

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Book Description
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

Labour Before the Law

Labour Before the Law PDF Author: Judy Fudge
Publisher: University of Toronto Press
ISBN: 9780802037930
Category : History
Languages : en
Pages : 422

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Book Description
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.

The Democratic Aspects of Trade Union Recognition

The Democratic Aspects of Trade Union Recognition PDF Author: Alan Bogg
Publisher:
ISBN: 9781472564887
Category : Labor unions
Languages : en
Pages : 303

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Book Description
The long ascendancy of pluralism and 'collective laissez-faire' as a guiding ideology of British labour law was emphatically shattered by the New Right ideology of Thatcher and Major. When New Labour was finally returned to power in 1997, it did not, however, attempt to resurrect the pre-Thatcher preference for pluralist non-intervention in collective industrial relations. Instead, it purported to follow a 'Third Way'. A centrepiece of this new approach was the statutory recognition provision, introduced in Schedule A1 TULRCA 1992. By breaking with the tradition of voluntarism in respect of re.

Labor and the Class Idea in the United States and Canada

Labor and the Class Idea in the United States and Canada PDF Author: Barry Eidlin
Publisher: Cambridge University Press
ISBN: 1107106702
Category : Business & Economics
Languages : en
Pages : 389

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Book Description
Why are unions weaker in the US than they are in Canada, despite the countries' many similarities?

Handy Reference Guide to the Fair Labor Standards Act (Federal Wage-hour Law) ...

Handy Reference Guide to the Fair Labor Standards Act (Federal Wage-hour Law) ... PDF Author: United States. Wage and Hour and Public Contracts Divisions
Publisher:
ISBN:
Category :
Languages : en
Pages : 28

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Book Description


Globalization and the Future of Labour Law

Globalization and the Future of Labour Law PDF Author: John D. R. Craig
Publisher: Cambridge University Press
ISBN: 1139452622
Category : Law
Languages : en
Pages : 35

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Book Description
How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.

Unions in Court

Unions in Court PDF Author: Larry Savage
Publisher: UBC Press
ISBN: 0774835419
Category : Law
Languages : en
Pages : 323

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Book Description
Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.

The Workers' Revolt in Canada, 1917-1925

The Workers' Revolt in Canada, 1917-1925 PDF Author: Craig Heron
Publisher: University of Toronto Press
ISBN: 9780802080820
Category : Business & Economics
Languages : en
Pages : 412

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Book Description
A clear, concise portrait of one of the most dramatic moments in the history of working-class life and class relations generally in Canada - the upsurge of working-class protest at the end of the First World War.