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The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o
Barack Obama’s famous “Blueprint for Change,” part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law’s Center on Labor and Employment Law – the 62nd in this venerable and highly influential series – the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.
We are not shy about reporting human rights abuses around the globe. We are much more reluctant to recognize them at home. This book exposes the violations of human rights witnessed daily in workplaces across our country. Based on detailed case studies in a variety of sectors, it reveals an "unfair advantage" in U.S. law and practice that allows employers to fire or otherwise punish thousands of workers as they seek to exercise their rights of association and to exclude millions more from laws that protect their rights to bargain and to organize. Unfair Advantage approaches workers' use of organizing, collective bargaining, and strikes as an exercise of basic rights where workers are autonomous actors, not objects of unions' or employers' institutional interests. Both historical experience and a review of current conditions around the world indicate that strong, independent, democratic trade unions are vital for societies where human rights are respected. In Lance Compa's view, human rights cannot flourish where workers' rights are not enforced. While researching workers' exercise of these rights in different industries, occupations, and regions of the United States, Human Rights Watch found that freedom of association is under severe, often buckling pressure when workers in the United States try to exercise it. Cornell University Press is making this valuable report, originally published in August 2000, available again as a paperback with a new introduction and conclusion that bring the story up-to-date.