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Topics covered include "the complex subject of designing a fair and sensible regime for collective bargaining and essential services."
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.
“We are undertaking the most tremendous move ever made by LABOR in this country, a move which will lead—NO ONE KNOWS WHERE!” With these words echoing throughout the city, on February 6, 1919, 65,000 Seattle workers began one of the most important general strikes in US history. For six tense yet nonviolent days, the Central Labor Council negotiated with federal and local authorities on behalf of the shipyard workers whose grievances initiated the citywide walkout. Meanwhile, strikers organized to provide essential services such as delivering supplies to hospitals and markets, as well as feeding thousands at union-run dining facilities. Robert L. Friedheim’s classic account of the dramatic events of 1919, first published in 1964 and now enhanced with a new introduction, afterword, and photo essay by James N. Gregory, vividly details what happened and why. Overturning conventional understandings of the American Federation of Labor as a conservative labor organization devoted to pure and simple unionism, Friedheim shows the influence of socialists and the IWW in the city’s labor movement. While Seattle’s strike ended in disappointment, it led to massive strikes across the country that determined the direction of labor, capital, and government for decades. The Seattle General Strike is an exciting portrait of a Seattle long gone and of events that shaped the city’s reputation for left-leaning activism into the twenty-first century.
"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.
National Health Service. Prospect for the future.
In February 2018, 35,000 public school educators and staff walked off the job in West Virginia. More than 100,000 teachers in other states—both right-to-work states, like West Virginia, and those with a unionized workforce—followed them over the next year. From Arizona, Kentucky, and Oklahoma to Colorado and California, teachers announced to state legislators that not only their abysmal wages but the deplorable conditions of their work and the increasingly straitened circumstances of public education were unacceptable. These recent teacher walkouts affirm public education as a crucial public benefit and understand the rampant disinvestment in public education not simply as a local issue affecting teacher paychecks but also as a danger to communities and to democracy. Strike for the Common Good gathers together original essays, written by teachers involved in strikes nationwide, by students and parents who have supported them, by journalists who have covered these strikes in depth, and by outside analysts (academic and otherwise). Together, the essays consider the place of these strikes in the broader landscape of recent labor organizing and battles over public education, and attend to the largely female workforce and, often, largely non-white student population of America’s schools.
This book explores new forms of popular organisation that emerged from strikes in India and Brazil between 2011 and 2014. Based on four case studies, the author traces the alliances and relations that strikers developed during their mobilisations with other popular actors such as students, indigenous peoples, and people displaced by dam projects. The study locates the mass strikes in Brazil’s construction industry and India’s automobile industry in a global conjuncture of protest movements, and develops a new theory of strikes that can take account of the manifold ways in which labour unrest is embedded in local communities and regional networks. “Jörg Nowak has written an ambitious, wide-ranging and very important book. Based on extensive empirical research in Brazil and India and a thorough analysis of the secondary literature, Nowak reveals that numerous labour conflicts develop in the absence of trade unions, but with the support of kinship networks, local communities, social movements and other types of associations. This impressive work may well become a major building block for a new interpretation of global workers’ struggles.” —Marcel van der Linden, International Institute of Social History, The Netherlands “Nowak’s book meticulously details the trajectory of strikes and its resultant new forms of organisations in India and Brazil. The central focus of this analytically rich and thought provoking book is to search for a new political alternative model of organising workers. A very good deed indeed!” —Nandita Mondal, Tata Institute of Social Sciences, India “Jörg Nowak analyses with critical sense forms of popular organization that often remain invisible. It is an indispensable book for all those who are looking for more effective analytical resources to better understand the present situation and the future promises of the workers’ movements.” —Roberto Véras de Oliveira, Federal University of Paraíba, Brazil “In this timely and important study, Nowak convincingly challenges the dominant Eurocentric approach to labour conflict and calls for a new theory of strikes. He stresses the need to engage in a wider perspective that includes social reproduction, neighbourhood mobilisations, and the specific traditions of struggles in the Global South.” —Edward Webster, University of Witwatersrand, South Africa
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.