Showing papers on "Labour law published in 1982"

The Politics of the Labour Party

Abstract: 1. The Labour Party and the Electorate Ivor Crewe. 2. Changing Styles of Labour Leadership Philip Williams. 3. The Labour Left in Parliament: Maintenance, Erosion and Renewal Hugh Berrington. 4. Still the Workers' Party? Changing Social Trends in Elite Recruitment and Electoral Support Dennis Kavanagh. 5. The Decline of Labour's Local Party Membership and Electoral Base, 1945-1979 Paul Whiteley. 6.The Labour Party and the Geography of Inequality: a Puzzle L J Sharpe. 7.The Peculiar Relationship: the Party and the Unions Colin Crouch. 8. Power in the Labour Party: the Issue of 'Intra-Party Democracy' Robert McKenzie. 9. Representation in the Labour Party Dennis Kavanagh

Comparative labour law and industrial relations

Abstract: Comparativism is no longer a purely academic exercise but has in creasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organisations aspiring to harmonise rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclo paedia for Labour Law and Industrial Relations, in which more than 40 international and national monographs have thus far been published. This book on Comparative Labour Law and Industrial Relations goes a step further than the Encyclopaedia: some 15 of the 21 chapters pro vide comparative and integrated thematic treatment. They aim to describe the salient characteristics and trends in labour law and in dustrial relations in the contemporary world. Our work is, however, more than a set of papers written by individual authors. Twelve of the nineteen contributors, the associate editor, and the publisher were able to meet to discuss the chapters, carefully evaluating, reviewing and co-ordinating our collaborative efforts. The meeting was exceptionally informative and productive. It was sponsored by and took place at Insead (Fontainebleau) with the additional support of the Catholic University of Leuven and Kluwer Publishers. I thank them for their courtesy and assistance. The book is obviously not exhaustive so far as countries and topics are concerned."

A primer on American labor law

Abstract: Since its publication more than a decade ago, "A Primer on American Labor Law "has served as an easily accessible guide to the development, principles, and characteristics of American labor law.The third edition incorporates a number of significant developments that have taken place since 1986. These include new precedent under the Railway Labor Act (covering both railroads and airlines), the expansion of wrongful discharge litigation (which has become increasingly important as the unorganized sector of the work force continues to expand), new forms of protection against discrimination afforded by the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991, the consent decree between the U.S. Department of justice and the International Brotherhood of Teamsters, and the continued success of unions representing professional athletes.William B. Gould IV is Charles A. Beardsley Professor of Law at Stanford Law School. An impartial arbitrator of labor disputes since 1965, he is a member of the Clinton Administration's Committee on the Future of Worker-Management Relations. He is the author of "Agenda for Reform: The Future of Employment Relationships and the Law."

African Labour in Natal: Attempts at Coercion and Control 1893-1903.

Abstract: The year 1893 marks the inauguration of the responsible government era in Natal when the White settler community attained the right to elect a government from their own ranks to represent their interests. It was no secret that one of the objects behind the protracted struggle for constitutional reform was the desire to obtain control of "Native policy". The tale of settler aspirations and the pressures placed on the African population in the 1890s and 1900s has been dealt with in several secondary works. This article proposes to examine just one of the issues in the first ten years of the responsible government period namely, the labour question.

A Synthesis of the Mode of Termination of Contracts of Employment

Abstract: The contract of employment is still the basic structure in individual employment law. There is, however, much literature the argument of which is that the contract of employment is in many ways an unsuitable legal framework to govern individual workplace relations. In particular, the resolution of individual employment disputes would not, one might realistically imagine, be best achieved by the application of rigid contractual principles derived frequently from the resolution of commercial and other unrelated problems. In this vein it has been stated by Winn L.J. that:

A practical approach to employment law

Abstract: 1. History 2. The Status of Employee 3. The Individual Contract of Employment and its Sources 4. Rights and Obligations of Employer and Employee 5. Statutory Regulation of Wages and Hours 6. The Duty of Fidelity and Restraint of Trade Clauses 7. Equal Pay 8. Sex and Race Discrimination 9. Disability Discrimination 10. Age Discrimination 11. Other Discrimination Provisions: Part-time and Fixed Term Workers, Religion or Belief and Sexual Orientation 12. Maternity, Parental and Domestic Care Rights, and Flexible Working 13. Continuity of Employment 14. The Scope of Statutory Protection: Unfair Dismissal and Redundancy 15. Termination of Contract and Wrongful Dismissal 16. Unfair Dismissal 17. Public Interest Disclosures, Dismissal and Detriment Claims 18. Redundancy Payments 19. Consultation about Redundancy 20. Transfers of Undertakings 21. Trade Unions and Collective Bargaining 22. Protection of Trade Union and Cognate Activities 23. Strikes and Other Industrial Action 24. Picketing and Public Order 25. Employment Law and Human Rights

Should Labor Law Define Instructional Supervision

Abstract: In the 32 states with collective bar gaining laws, 1 school supervisors may be in danger of having their practice defined by labor's expectations for supervisors The situation in Penn sylvania suggests that supervisors in other states would be wise to pay atten tion to the legal basis of their profes sional practice (Ball, 1979; Hazi, 1980). In 1970, a Pennsylvania collective bargaining law defined a \"supervisor\" as: any individual having authority in the interests of the employer to hire, transfer, suspend, layoff, recall, pro mote, discharge, assign, reward, or dis cipline other employees or responsibly to direct them or adjust their grievances; or to a substantial degree effectively recommend such action, if in connec tion with the foregoing, the exercise of such authority is not merely routine or clerical in nature but calls for the use of independent judgment. 2 This is labor's view of the supervisor, it bears little resemblance to the public school supervisor who helps teachers and whose major responsibility is the improvement of instruction. Yet this remains the only legal definition and identity for the instructional supervisor in Pennsylvania. Under Act 195, the Pennsylvania State Labor Relations Board (PLRB) resolves questions about who is and is not part of the teachers' bargaining unit This \"unit clarification process\" also legally determines who is and is not a supervisor. In each case disputing an employee's legal status, the PLRB uses job description, testimony, and the above definition to determine supervi sory status. A review of this case law shows problems and inconsistencies.

Economic Torts and Labour Law: Old Principles and New Liabilities

Abstract: What forms of economic coercion should the law permit in the conflict between labour and capital? This is a fundamental question to ask in any developed economy. It is also hotly disputed, particularly in Britain where, in the last ten years especially, successive governments have attempted to redefine the legality of strike action to reflect their own views of what society should tolerate. As every student of labour law knows, the liberty to strike in Britain has been created by Parliament giving unions and workers a series of immunities from judge-made liabilities, and the scope of that liberty can be altered by expanding or restricting the immunities accordingly. This perhaps suggests a simple control mechanism for adjusting at will the boundary between lawful and unlawful industrial action. But the description is deceptively simple and any such conception is grossly misleading.

"A Worthy, if Unlikely, Enterprise": The Labour Relations Board and the Evolution of Labour Policy and Practice in British Columbia, 1973-1980

Abstract: The decade of the 1970s was a watershed in British Columbia's labour relations history. Until the early 1970s, the province had the reputation of having the most militant labour movement and the most turbulent labour relations on the continent. In large part this reputation was justified, based as it was on the province's "strike-proneness" and on provincial governments that were, at the very least, not advocates of the virtues/ of collective bargaining. During the 1950s and 1960s labour relations in British Columbia settled into a deep rut. Simply put, the labour relations system failed to meet the challenges of the post-war era. The attitudes and policies of the provincial government and the views of both labour

Labour Conventions and National Law

Abstract: Lord McNair described the international labour convention as “one of the most striking innovations in the field of treaty-making which has occurred during the present century.”1 Since 1919, more than 150 labour conventions have been drafted and adopted by the annual Conference of the International Labour Organization. Although they concern different subject matter, these conventions (hereinafter referred to as “ILO conventions”) share certain common features. A number of the innovative features of this large body of conventions result from the effort to regulate the internal law and practice of states through the device of the treaty.

Labour Markets, Trade Unions, and the Order of Market Moves

Abstract: The trade union is an organization of workers as parties of the second move, as price-takers, and its strategy includes the threat and the fixing of supply. The professional association is an organization of workers as parties of the first move, as price-setters, and its strategy includes the advertisement of quality and the fixing of price. Price regulation by governments converts price-setters to price-takers, and increases the volume of threats. Vertical integration of threats may occur when the parties who interact in labour markets also interact in goods markets. Exit and voice are tactics of the party of the second move. Marches dii travail, lunions ouvrieres et strlucture des manwe uvres sur ces marches. Un syndicat ouvrier est une organisation de travailleurs qui sur le terrain des op6rations que constitue le march6 du travail est la partie qui reagit (party of the second move) i.e. la partie qui accepte le prix comme une donn6e et qui se donne une strat6gie qui entre autres choses va utiliser les menaces et le controle de l'offre. Une association professionnelle est une organisation de travailleurs qui pour sa part sur le terrain des op6rations que constitue le march6 du travail est la partie qui a l'initiative (party of the first move) i.e. celle qui 6tablit le niveau du prix et dont la strat6gie va s'accomplir en utilisant entre autres choses la publicit6 quant a la qualit6 du service et le controle du prix. La r6glementation des prix par les gouvernements transforme les d6finisseurs de prix en parties a qui l'on dicte le niveau des prix et va accroitre le volume de menaces sur le marche du travail. On peut meme observer une int6gration verticale de menaces quand les memes parties s'affrontent a la fois sur le march6 du travail et sur le march6 des biens. Il appert que retrait (exit) et repr6sentation (voice) sont des tactiques de la partie quii reagit. This paper explores a relationship heretofore ignored in labour economics, that between collective action by workers (defined broadly to include all sellers of labour services) and the order of market moves. In markets where the worker is the price-setter, as in many markets for personal services, he is the party of the first move, establishing and making known the offered price. In such markets collective action centres on price and information, the variables in terms of which the market move is defined. The worker does not threaten the buyer of labour services because 'the threat Canadian Journal of Economics / Revue canadienne d'Economique, XV, No. 2 May / mai 1982. Printed in Canada / Imprime au Canada 0008-4085 / 82 / 0000-0263 $01.50 (?) 1982 Canadian Economics Association This content downloaded from 207.46.13.52 on Fri, 21 Oct 2016 05:59:39 UTC All use subject to http://about.jstor.org/terms 264 / Sheila B. Eastman fixes a course of reaction, of response' (Schelling, 1963, 124), not a course of action. In markets where the worker is the price-taker, as in most blue-collar occupations, he is the party of the second move, deciding whether or not to transact at the offered price. Here the threat is an available and frequently utilized strategy. Quantity, rather than price, is the decision variable when the worker has second move, and the cartel of price-takers adopts a strategy based on the regulation of market quantity rather than market price. Whether the worker has first or second move, collective action to improve the terms offered by buyers is effective only in the presence of barriers to entry. Where the worker has first move, the barrier is usually established by constraining the market at a previous stage of production; where the worker has second move, by constraining the party of the first move. In this paper the trade union is defined as the organization of workers as parties of the second move; the occupational association as the organization of workers as parties of the first move. Many popular and academic statements to the contrary, the two differ fundamentally. MOVE STRUCTURE OF MARKETS The long-run move structure of labour markets is symmetrical, in that there is no party of the first move and no party of the second move, only when the individual buyer is a monopsonist and the individual seller is a monopolist. In this case both buyer and seller are price-makers, influencing the price of labour services by their choice of quantity, and there is no order of market moves arising from competitive characteristics on the buying and selling sides of the market. Such labour markets are uncommon, since long-run monopsony is considered rare, and there are few workers who can influence the price of their services by varying the quantity supplied. The structure of market moves is asymmetrical and ordered where a monopsonistic buyer transacts with a seller who has no individual influence on price, or when a monopolistic seller deals with a buyer who has no individual influence on price. Most markets for labour services, whether the buyer is ultimate consumer or intermediate economic agent, are markets in which it is reasonable to assume that neither buyer nor seller individually influences long-run price. Yet in such markets the move structure of the market is asymmetrical. One party is consistently the price-setter or price-announcer, the other the price-taker. The former, in consequence, has the first market move, the latter