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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Trinidad and Tobago has a very advanced system for the settlement of unresolved labour and employment disputes between employers and trade unions on behalf of workers by judicial process instead of by strike and lockout. The system has generated both condemnation and praise, but it remains nevertheless an acceptable workable method for the peaceful resolution of such disputes. The Law of Labour and Employment Disputes in Trinidad and Tobago provides an important assessment of this unique system and gives useful guidance on the operation of the Industrial Relations Act, Chap. 88:01 and the practice and procedures of the Industrial Court, a superior court of record, which is responsible for the adjudication of such disputes. The book gives an insight into the unsatisfactory industrial relations climate that existed prior to the implementation of the new system and discusses the multifarious provisions of the Industrial Relations Act, Chap. 88:01 and judgments of the Industrial Court on a variety of cases determined by it from 1965-2005. It contains chapters on the historical background to the introduction of legislation for the compulsory determination of unresolved labour and employment disputes, the beneficial effects of the legislation, the original defect in the Act concerning the power of the Industrial Court to make orders of reinstatement, the constitution, jurisdiction and powers of the Industrial Court, the provisions for recognition of trade unions as bargaining agents, collective bargaining and the binding nature of registered collective agreements, the constitution and jurisdiction of the Registration, Recognition and Certification Board, trade dispute procedures, disciplinary action, industrial action, offences and penalties, summary of relevant decisions of the Court of Appeal and a general appraisal of the system. Industrial Court judges, Legal practitioners, industrial relations consultants, trade unions, employers, workers and all others engaged in the complex and difficult tasks of settling industrial disputes will find this book of considerable assistance to them, since it is the only publication of its kind in existence.
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Contents:- 1. Industrial Relation: Concept and Scope 2. Trade Unions 3. The Trade Unions Act 1926 4. Registration of trade Union 5. Funds, Right and Liabilities of Registered Trade Unions 6. Collective Bargaining 7. The Industrial Dispute Act: An Introduction 8. Authorities under the Act and Settlement of Dispute 9. References of Industrial Dispute 10. Procedure, Powers and Duties of Authorities 11. Strikes and Lock-Outs 12. Lay-off and Retrenchment 13. Special Provisions Relating to Lay-off, Retrenchment 14. Penalties and Other Miscellaneous Provisions 15. The Factories Act, 1949: An Introduction 16. Provisions of the Factories Act Relating to Health and Welfare of Welfare 17. Provisions of the Factories Act Relating to Safety 18. Working Hours of Adult, Employment of young Person and Annual Leave with Wages 19.Special Provisions, Penalties and Procedure and Supplemental
The sixth revised edition of Industrial Relations and Labour Laws captures the significant developments that have taken place in the realm of labour laws and industrial relations in the recent past. The most notable development in the legislative sphere is the amendment in the Industrial Disputes Act, 1947 in 2010. In the judicial sphere, there has been a marked shift in the approach of the Indian judiciary in the area of discipline and disciplinary procedure. Moreover, new norms/principles have been evolved to determine the classification of a person as a workman, provide relief in case of illegal/wrongful termination of service of workmen, determine notice period for strike/lock-out in public utility services and for regularization of services of daily, temporary, casual or contract workers. Extensively revised and updated in line with the changes in the law, this edition also gives a new and more holistic dimension to the subject of labour--management relations. • Part I provides the contextual and constitutional framework of labour law and an overview of industrial relations. • Part II deals with the trade union movement, employers’ organizations and laws relating to trade unions, collective bargaining, unfair labour practices and victimization. • Part III deals with regulation of industrial disputes, persuasive, coercive and voluntary processes for settlement of industrial disputes, grievance procedure, government’s power of reference, laws relating to instruments of economic coercion, management of discipline, laws relating to change in conditions of service and lay-off, retrenchment, transfer and closure. • Part IV examines laws relating to standing orders. • Part V is on workers’ participation in management. This edition will serve as a comprehensive textbook for students of LLB, LLM, MBA, MSW, MPA, CS, and masters and diploma programmes in personnel management, industrial relations and labour law. It is indispensable for personnel managers, law officers, lawyers, trade union officials/ members, officials of labour department and members of the labour judiciary.
This paper contains the text of a lecture delivered by Nobel laureate Professor Douglass C. North in March 2003, the first in a second series of lectures in honour of Gunnar Myrdal (the first Executive Secretary of the UN Economic Commission for Europe). The lecture highlights the important role played by institutions (defined as including formal rules such as the rule of law and property rights, as well as informal constraints relating to beliefs, traditions and social norms) in promoting socio-economic development. Professor North argues that the considerable gaps in per capita income between richer and poorer countries reflect the quality of their institutions. However, in a continuously evolving world economy, there is no single strategy for institutional design to fit all countries seeking sustained economic growth and development.