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This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.
In The Blue Eagle at Work, Charles J. Morris, a renowned labor law scholar and preeminent authority on the National Labor Relations Act, uncovers a long-forgotten feature of that act that offers an exciting new approach to the revitalization of the American labor movement and the institution of collective bargaining. He convincingly demonstrates that in private-sector nonunion workplaces, the Act guarantees that employees have a viable right to engage in collective bargaining through a minority union on a members-only basis. As a result of this startling breakthrough, American labor relations may never again be the same. Morris's underlying thesis is based on a meticulous analysis of statutory and decisional law and exhaustive historical research.Morris recounts the little-known history of union organizing and bargaining through members-only minority unions that prevailed widely both before and after passage of the 1935 Wagner Act. He explains how vintage language in the statute continues to protect minority-union bargaining today and how those rights are also guaranteed under the First Amendment and by international law to which the United States is a committed party. In addition, the book supplies detailed guidelines illustrating how this rediscovered workers' right could stimulate the development of new procedures for union organizing and bargaining and how management will likely respond to such efforts.The Blue Eagle at Work, which is clear and accessible to general readers as well as specialists, is an essential tool for labor-union officials and organizers, human-resource professionals in management, attorneys practicing in the field of labor and employment law, teachers and students of labor law and industrial relations, and concerned workers and managers who desire to understand the law that governs their relationship.
This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia�s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation�s adaptation of concepts from overseas collective bargaining systems � including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.
Overview This is the second edition of the well-regarded local text, Employment Relations. This new edition takes an even more practical approach to a complex area, considering both the industrial regulation and human resources dimensions of the employment relationship. As well as providing a comprehensive guide to employment relations in Australia, the text also offers a selective international comparative view on the management of the employment relationship. The text explains and emphasises the real-world connections between the important theories of industrial relations and human resources, which are key components of the employment relations discipline. The overarching aim is for students to gain a deeper understanding of the 'World of Work', through the discipline of Employment Relations.
This updated edition of Strike Back shows how today's public employees--highlighted by the 2018 teacher strike wave--are using the militant labor tactics of the 1960s and 1970s to fight the attacks on their rights as workers.
This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
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.
The experiment with socialism in the Soviet Union was based on Marxist economic theory, which denied the universal nature of economic law. The economy became a blank slate, without markets, prices, even without money - for a time. Government had to rediscover fire - learning basics of economics over again. This historical laboratory of social science should be exploited for the lessons in basic economics that it offers. Many view Lenin as a dictator who exploited the peoples of the Soviet Union, betraying the hopes and dreams of socialism for his own benefit. Yet, Lenin wrote hundreds of books on Marxist theory, and the policies he enacted were those he promised. Despite the wealth of information available on the Soviet experiment, few have closely analyzed why it produced results different from those intended and what these lessons might mean for market economies. Based on Marxist economic theory, which denied the universality of economic laws, the Soviet Union wiped out the market and, with it, the basis for all economic knowledge. In this vacuum of economic information, planners had neither market theory nor prices to guide them. The socialist experiment was truly an experiment in eliminating the market. The Bolsheviks enacted policies based on Marxist hypotheses: nationalizing businesses and banks, setting wages according to the labor theory of value, eliminating interest and capital markets, and planning full employment. When each Marxist policy failed, the state reorganized to better implement it, tried modified versions, and only pulled back as a last resort. In this book, Guinevere Nell explores the theory and experience of the socialist experiment. In each chapter, she considers one theory put forth by socialists. She explores the ways in which the Soviet planners implemented this theory, recognized that their policies were not producing the desired results, and tried to implement reforms to combat the failures. In each chapter, she extracts certain lessons from the experience of the planners. The lessons capture the dynamic nature of the economy, something that is commonly overlooked by mainstream economists and policymakers although it has been a focus of the Austrian school of economics. Insights from the debate between socialists and Austrian economists are introduced during the discussion of the lessons at the end of each chapter. The lessons suggest that due the dynamic nature of the market, the Soviet Union could never surpass the West in economic growth. Each chapter concludes with policy examples and discussion of how the lesson can inform policies that market economies are considering. All policy examples are from current U.S. policy debate. The last lesson ties together the thrust of many disparate threads throughout the book. It makes the case that the socialist arguments were aimed at the wrong target, which is why the prescription of planning led to the opposite of what was intended. The conclusion of the book summarizes the recurring themes of reform. These lessons have relevance for all economies and for both economists and the policy-minded citizen. For example, the socialist elimination of competition provides insight into the neoclassical framework and sheds light on our common understanding of how 'competitive' certain industries are. The book is intended for the educated layperson, but should also be accessible and relevant to college students and professional economists. The book is written in plain language, with all economic terms defined.
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.
Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected