Laws Against Strikes

Author : Moti (Mordehai) Mironi,Monika Schlachter
Publisher : Kluwer Law International B.V.
Page : 618 pages
File Size : 40,5 Mb
Release : 2018-11-09
Category : Law
ISBN : 9789041190185

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Regulating Strikes in Essential Services by Moti (Mordehai) Mironi,Monika Schlachter Pdf

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 : Otto Kahn-Freund,B. A. Hepple
Publisher : Unknown
Page : 72 pages
File Size : 42,8 Mb
Release : 1972
Category : Labor laws and legislation
ISBN : UIUC:30112011711428

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Laws Against Strikes by Otto Kahn-Freund,B. A. Hepple Pdf

Comparison of the concepts and rationale of labour law, labour relations and social policy with regard to the right to strike - covers compulsory arbitration, the recognition of labour disputes, sanctions, protection of the public interest, etc., and comments on the effects of new labour legislation in the UK.

Author : Judy Fudge,Eric Tucker
Publisher : University of Toronto Press
Page : 422 pages
File Size : 41,7 Mb
Release : 2004-01-01
Category : History
ISBN : 0802037933

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Labour Before the Law by Judy Fudge,Eric Tucker Pdf

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.

Author : Bernd Waas
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2014
Category : Right to strike
ISBN : 9041150072

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The Right to Strike by Bernd Waas Pdf

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 : Bernard Gernigon,Alberto Odero,Horacio Guido
Publisher : International Labour Organization
Page : 68 pages
File Size : 48,8 Mb
Release : 2000
Category : Labor disputes
ISBN : 9221116271

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ILO Principles Concerning the Right to Strike by Bernard Gernigon,Alberto Odero,Horacio Guido Pdf

Author : International Labour Office. Committee of Experts on the Application of Conventions and Recommendations,International Labour Office
Publisher : International Labour Organization
Page : 180 pages
File Size : 51,5 Mb
Release : 1994
Category : Collective bargaining
ISBN : 9221089479

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Freedom of Association and Collective Bargaining by International Labour Office. Committee of Experts on the Application of Conventions and Recommendations,International Labour Office Pdf

Author : AA. VV.
Publisher : FrancoAngeli
Page : 226 pages
File Size : 45,7 Mb
Release : 2015-06-19T14:30:00+02:00
Category : Law
ISBN : 9788891724151

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Laws against strikes. The South African Experience in an international and Comparative Perspective by AA. VV. Pdf

300.72

Author : Jeffrey Vogt,Janice Bellace,Lance Compa,K D Ewing,John Hendy QC,Klaus Lörcher,Tonia Novitz
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 47,8 Mb
Release : 2020-03-19
Category : Law
ISBN : 9781509933563

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The Right to Strike in International Law by Jeffrey Vogt,Janice Bellace,Lance Compa,K D Ewing,John Hendy QC,Klaus Lörcher,Tonia Novitz Pdf

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 : Pietro Poretti
Publisher : Kluwer Law International B.V.
Page : 346 pages
File Size : 40,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131621

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The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO by Pietro Poretti Pdf

"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
Page : 68 pages
File Size : 47,5 Mb
Release : 1997
Category : Law
ISBN : IND:30000050011174

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Basic Guide to the National Labor Relations Act by United States. National Labor Relations Board. Office of the General Counsel Pdf

Author : AA. VV.,Bob Hepple,Rochelle le Roux,Silvana Sciarra
Publisher : FrancoAngeli
Page : 226 pages
File Size : 44,5 Mb
Release : 2015-05-28
Category : Law
ISBN : 9788891713537

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Laws against strikes. The South African Experience in an international and Comparative Perspective by AA. VV.,Bob Hepple,Rochelle le Roux,Silvana Sciarra Pdf

Laws against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where a

Author : Breen Creighton,Catrina Denvir,Richard Johnstone,Shae McCrystal,Alice Orchiston
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 42,6 Mb
Release : 2020-11-05
Category : Right to strike
ISBN : 9780198869894

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Strike Ballots, Democracy, and Law by Breen Creighton,Catrina Denvir,Richard Johnstone,Shae McCrystal,Alice Orchiston Pdf

This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.

Author : Public Service Alliance of Canada
Publisher : Unknown
Page : 53 pages
File Size : 52,8 Mb
Release : 2010-11
Category : Strikes and lockouts
ISBN : 1896285228

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PSAC Strike Manual by Public Service Alliance of Canada Pdf

Author : Jeffrey Vogt
Publisher : Hart Publishing
Page : 208 pages
File Size : 42,5 Mb
Release : 2020
Category : Electronic books
ISBN : 1509933581

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The Right to Strike in International Law by Jeffrey Vogt Pdf

This monograph is 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 apparent aim is to sow sufficient doubt as to the existence of an internationally protected right so that governments might have a free hand to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. Already, some governments have seized on the employers' arguments to deny this right in law and in practice. The book is the only exhaustive analysis as to the existence of the right to strike under international law, and its findings, based on deep legal research, dispel any doubt on the matter. There is simply no credible claim that the right to strike does not enjoy international protection; indeed, the authors argue that it has attained the status of a customary international law norm

Author : Grace Sterrett Aboud
Publisher : Unknown
Page : 72 pages
File Size : 53,7 Mb
Release : 1982
Category : Political Science
ISBN : UOM:39015004937861

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The Right to Strike in Public Employment by Grace Sterrett Aboud Pdf

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.