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Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
This is a summary report of a two-year study of police unions and their effect on policing and law enforcement. The growth of police unionism in the united states during the 1960's has been a phenomenon of major importance in police management. Police unions in twenty-two urban areas were the target of this field study, during which interviews were conducted with police chiefs or their representatives, city labor relations representatives, police union leaders, and black officer organization leaders. The study explains the influences resulting in the recent rise of militancy in police unions and describes the present nature of these organizations. The effect of the lack of a single employer-figure on the form and conduct of collecting bargaining is discussed, as well as the impact of unions on labor-management relations. The study examines the dimensions of police union bargaining power and the use labor leaders make of this power in varying situations. The relationship between unionization and professionalization is analyzed, as is the impact of police labor organizing on the chief's ability to manage and on the formulation of law enforcement policy. The nature of black officer organizations, and the factors which led to their formation, are compared with similar characteristics of police unions, and the divergence of purpose is examined in relation to intra-departmental racial unrest. Appended is a bibliography on police unions and labor organizations.
"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.
“A page-turning book that spans a century of worker strikes.... Engrossing, character-driven, panoramic.” —The New York Times Book Review We live in an era of soaring corporate profits and anemic wage gains, one in which low-paid jobs and blighted blue-collar communities have become a common feature of our nation’s landscape. Behind these trends lies a little-discussed problem: the decades-long decline in worker power. Award-winning journalist and author Steven Greenhouse guides us through the key episodes and trends in history that are essential to understanding some of our nation’s most pressing problems, including increased income inequality, declining social mobility, and the concentration of political power in the hands of the wealthy few. He exposes the modern labor landscape with the stories of dozens of American workers, from GM employees to Uber drivers to underpaid schoolteachers. Their fight to take power back is crucial for America’s future, and Greenhouse proposes concrete, feasible ways in which workers’ collective power can be—and is being—rekindled and reimagined in the twenty-first century. Beaten Down, Worked Up is a stirring and essential look at labor in America, poised as it is between the tumultuous struggles of the past and the vital, hopeful struggles ahead. A PBS NewsHour Now Read This Book Club Pick
Textbook commenting on labour legislation and jurisprudence dealing with collective bargaining and trade unionization in the USA - covers structure and operations of the national level labour relations board, interference with freedom of association and with trade union access to company property, picketing, secondary boycotts, right to strike, collective agreements, arbitration, discipline, union security (Closed Shop, Union Shop, agency shop), etc.