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Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Category : Right to strike
Languages : en
Pages : 0
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Book Description
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.
Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Category : Right to strike
Languages : en
Pages : 0
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Book Description
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.
Author: Pietro Poretti
Publisher: Kluwer Law International B.V.
ISBN: 9041131620
Category : Law
Languages : en
Pages : 346
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Book Description
"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.
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: Jeffrey Vogt
Publisher: Bloomsbury Publishing
ISBN: 1509933573
Category : Law
Languages : en
Pages : 219
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Book Description
This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
Author: Joe Burns
Publisher: Ig Publishing
ISBN: 9781935439240
Category : Civil disobedience
Languages : en
Pages : 0
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Book Description
How the revival of the classic production-halting strike is the best hope for a revitalization of the labor movement.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508
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Book Description
Author: International Labour Office. Committee of Experts on the Application of Conventions and Recommendations
Publisher: International Labour Organization
ISBN: 9789221089476
Category : Collective bargaining
Languages : en
Pages : 180
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Book Description
Author: Moti (Mordehai) Mironi
Publisher: Kluwer Law International B.V.
ISBN: 904119018X
Category : Law
Languages : en
Pages : 618
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Book Description
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.
Author: Ahmed White
Publisher: Univ of California Press
ISBN: 0520285611
Category : History
Languages : en
Pages : 410
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Book Description
In May 1937, seventy thousand workers walked off their jobs at four large steel companies known collectively as “Little Steel.” The strikers sought to make the companies retreat from decades of antiunion repression, abide by the newly enacted federal labor law, and recognize their union. For two months a grinding struggle unfolded, punctuated by bloody clashes in which police, company agents, and National Guardsmen ruthlessly beat and shot unionists. At least sixteen died and hundreds more were injured before the strike ended in failure. The violence and brutality of the Little Steel Strike became legendary. In many ways it was the last great strike in modern America. Traditionally the Little Steel Strike has been understood as a modest setback for steel workers, one that actually confirmed the potency of New Deal reforms and did little to impede the progress of the labor movement. However, The Last Great Strike tells a different story about the conflict and its significance for unions and labor rights. More than any other strike, it laid bare the contradictions of the industrial labor movement, the resilience of corporate power, and the limits of New Deal liberalism at a crucial time in American history.
Author: Josiah Bartlett Lambert
Publisher: Cornell University Press
ISBN: 1501727524
Category : Political Science
Languages : en
Pages : 273
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Book Description
Once a fundamental civic right, strikes are now constrained and contested. In an unusual and thought-provoking history, Josiah Bartlett Lambert shows how the ability to strike was transformed from a fundamental right that made the citizenship of working people possible into a conditional and commercialized function. Arguing that the executive branch, rather than the judicial branch, was initially responsible for the shift in attitudes about the necessity for strikes and that the rise of liberalism has contributed to the erosion of strikers' rights, Lambert analyzes this transformation in relation to American political thought. His narrative begins before the Civil War and takes the reader through the permanent striker replacement issue and the alienation of workplace-based collective action from community-based collective action during the 1960s. "If the Workers Took a Notion" maps the connections among American political development, labor politics, and citizenship to support the claim that the right to strike ought to be a citizenship right and once was regarded as such. Lambert argues throughout that the right to strike must be protected. He challenges the current "law turn" in labor scholarship and takes into account the role of party alliances, administrative agencies, the military, and the rise of modern presidential powers.
