Showing papers on "Labour law published in 1992"
Book•
30 Oct 1992TL;DR: In this article, the contradiction of de-Stalinization and the Soviet labour process is discussed, and the position of women workers is discussed as well as skills, de-skilling and control over the labour process.
Abstract: 1. Introduction: the contradiction of de-Stalinization Part I. Labour Policy under Khrushchev: Issues and Results: 2. The worker and the work environment 3. The reform of labour legislation and the re-emergence of the labour market 4. The labour shortage 5. The wage reform Part II. De-Stalinization and the Soviet Labour Process: 6. The historical genesis of the Soviet labour force 7. Limits of the extraction of the surplus 8. The position of women workers 9. Skill, de-skilling and control over the labour process 10. Conclusion.
76 citations
TL;DR: The Maastricht Treaty's Protocol on Social Policy as discussed by the authors provides a new framework for participation of labour and management in the formulation and application of labour law at national and community levels.
Abstract: The Maastricht Treaty's Protocol on Social Policy provides a new framework for participation of labour and management in the formulation and application of labour law at national and Community levels. Following the Charter of Fundamental Social Rights of Workers, it marks a fundamental change of direction in European labour law
62 citations
62 citations
Book•
15 May 1992
TL;DR: The early post-war decades, 1945-70: the Donovan commission the commission on industrial relations as mentioned in this paper, 1945-1970: the Mitchell Commission on Industrial Relations and the Industrial Relations Act 1970-74, and the law consequences of the 1971 act 1974-79 - incomes policy - industrial relations and trade unions and employers.
Abstract: Part 1 The early post-war decades, 1945-70: the Donovan commission the commission on industrial relations. Part 2 The 1970s: 1970-74 incomes policy - industrial relations and the law consequences of the 1971 act 1974-79 - incomes policy - industrial relations and the law trade unions and employers. Part 3 The economic background: output and productivity employment and unemployment inflation earnings labour costs per unit monetary and fiscal policy distribution of national income balance of payments. Part 4 Government values and policies: full employment inflations public expenditure and the welfare state de-regulation the role of the individual reducing the public sector the trade unions the employers. Part 5 The law and industrial relations: 1980 Employment Act 1982 Employment Act 1984 Trade Union Act 1986 Wages Act 1986 Sex Discrimination Act 1988 Employment Act 1989 Employment Act 1990 Employment Act the use of law secondary action picketing balloting other legal matters. Part 6 Employer and management strategies in the private sector: human resource management and management style attitudes to unions collective bargaining involvement, consultation and participation flexibility levels and methods of remuneration. Part 7 Government as employer and quasi-employer: the civil service local government teachers the national health service the nationalized industries declining industries - coal, railways, steel expanding industries - electricity, gas, the post office, British Telecom. Part 8 Trade unions: trade union membership union mergers trade union finances and organization trade unions and their members trade unions and employers the TUC the TUC and affiliated unions the TUC and government reaction to legislation unions and the Labour Party unions and the European community. Part 9 The institutions of industrial relations: employers' associations collective bargaining - recognition and bargaining agents, bargaining unit level and scope, productivity bargaining third party intervention joint consultation. Part 10 Pay and productivity: government objectives and policy the growth of earnings distribution of earnings earnings by occupation earnings by industry public sector pay regional pay productivity labour costs per unit of output. (Part contents).
58 citations
Posted Content•
TL;DR: In this article, the authors examined the correlations between sectoral unionism and sectoral measures of job loss due to plant closings and contractions and employment gains due to expansions.
Abstract: Considerable research interest exists in the measurement and analysis of the gross employment flows that underlie industry and regional net employment growth. Studies by Armington and Odle [4], Leonard [25], Davis and Haltiwanger [12], and Dunne, Roberts, and Samuelson [15] examine the relative importance of plant openings, plant expansions, plant contractions, and plant closings as sources of labor demand fluctuations. All of these studies find that the individual components of gross employment flows are substantially larger than the net employment change. This paper extends this literature in three ways. First, it examines the correlations between sectoral unionism and sectoral measures of job loss due to plant closings and contractions and employment gains due to plant expansions. Previous research indicates that unionism lowers firm and industry profits.' If this is the case, then unionism would be expected to affect the growth and failure of plants and firms as well. The results will also shed some light on whether previous estimates of the negative effect of unionism on profits are understated since only surviving firms are examined in these studies.
29 citations
21 citations
01 Jan 1992
TL;DR: In this article, a comparative sociology of the labour law in Australia and Nigeria is presented, showing that there are fundamental similarities between the compulsory arbitration laws of both countries which cannot be adequately explained, simply, in terms of race, geography or stages of industrial development.
Abstract: This thesis attempts a comparative sociology of the labour law in Australia and Nigeria. It finds that there are fundamental similarities between the compulsory arbitration laws of both countries which cannot be adequately explained, simply, in terms of race, geography or stages of industrial development. The thesis outlines in considerable details two broad sociological perspectives on law, the autonomy model and the social product model, and uses the insights of these two approaches to explain the observed similarities. The thesis shows that the 1904 Australian law was transplanted to Nigeria in the period 1968-76. Further, it shows that although at first sight Australia in 1904 is very different from Nigeria in 1968, the respective social circumstances (particularly the social control traditions) were remarkably similar, thus allowing the borrowing of the Australian legislation by Nigeria. The few differences which the thesis identifies suggest that the borrowing was not a case of blind legal transplantation. V I I TABLE OF CONTENTS DECLARATION ii ACKNOWLEDGEMENTS iii ABSTRACT ABBREVIATIONS CHAPTER ONE: INTRODUCTION: THE RESEARCH PROBLEM AND METHOD 1 1.1 A statement of the research problem 1 1.2 Theoretical background of the research problem 5 1.3 The choice of labour law and the two countries 13 1.4 Research Design 15 1.4.1 Conceptual clarification and comparative schema 15 1.4.2 Methods of data collection and analysis 23 CHAPTER TWO: AUTONOMY MODEL OF LAW AND SOCIETY 25 2.
18 citations
Book•
31 May 1992
TL;DR: A comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S., thus effecting a fundamental change in the relationship between the state and private groups and individuals is given in this paper.
Abstract: The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, Frances Foster-Simons, George Ginsburgs, John Hazard, Kathryn Hendley, Eugene Huskey, Dietrich Loeber, Peter Maggs, Hiroshi Oda, Nicolai Petro, Robert Sharlet, Louise Shelley, Will Simons and Peter Solomon, with commentary by Soviet scholars, discuss conceptual, historical, social, cultural, and institutional aspects of Soviet legal development, and supply detailed analysis of recent developments in the areas of civil, criminal, and labour law and the rights of individuals, economic organizations, and political and social groups.
14 citations
Book•
01 Jun 1992
TL;DR: The definition of a transfer and when a transfer occurs TUPE: Who transfers? Identifying the human stock of the undertaking at the transfer point as discussed by the authors and reg 5: the automatic transfer of employment obligations and the effect of TUPe on the individual employment relationship Regulation 7 and dismissals of an employee because of a relevant transfer.
Abstract: Introduction Take-overs by acquisition of share capital Miscellaneous cases where continuity of employment is protected by ERA 1996 Business transfers and continuity of employment under the ERA 1996 A history of ARD 77/187, TUPE Regs 1981, ARD 98/50, ARD 2001/23 and a synopsis of TUPE Regs 2006 The definition of a transfer and when a transfer occurs TUPE: Who transfers? Identifying the human stock of the undertaking at the transfer point TUPE and reg 5: the automatic transfer of employment obligations and the effect of TUPE on the individual employment relationship Regulation 7 and dismissals of an employee because of a relevant transfer Legal controls on an employer's right to agree changes in terms and conditions The application of TUPE where the transferor is subject to insolvency proceedings Transfers of undertakings and collective employment law The transferor's duty to notify employee liability information to a transfer Fair dealing and employee disclosure: promises and reassurances: contracts, estoppels and representations Contracting out Transfers of undertakings in Ireland International (non-UK and Ireland) Reform, future developments and transnational transfers of undertakings Appendices A-ZC
Book•
01 Jan 1992
TL;DR: In this paper, the main characteristics of the labour relations systems in the Nordic countries (except Iceland) are examined and new aspects on the Nordic model for labour relations are presented, which is based on the labour union movement has a great impact on these systems due to high rates of affiliation among workers.
Abstract: Examines the main characteristics of the labour relations systems in the Nordic countries (except Iceland) Labour union movement has a great impact on these systems due to high rates of affiliation among workers and this text presents new aspects on the Nordic model for labour relations
Journal Article•
Book•
30 Apr 1992
TL;DR: In this paper, the legal context of worker participation participation in the modern workplace changing labor law is discussed and lessons from the steel industry Bibliographical note index is provided. But the authors do not discuss the relationship between worker representation and trade unionism.
Abstract: Preface Introduction From Employee Representation to Trade Unionism The Legal Context of Worker Participation Participation in the Modern Workplace Changing Labor Law Conclusion: Lessons from the Steel Industry Bibliographical Note Index
Journal Article•
TL;DR: In Australia, individualism in professional team sports is withering, if not completely dead, and the individual autonomy of clubs and players is severely eroded as discussed by the authors, and although the law was used as a tool to promote the individual interests of players against the collective interests of teams and governing sports associations, individualists in professional sports are withering.
Abstract: Developments in professionalism among athletes and the commercialisation of sport in Australia, since 1962, made athletes more professional or semi-professional, and at the same time valuable 'assets' for their teams. Although the law was used as a tool to promote the individual interests of players against the collective interests of teams and governing sports associations, individualism in professional team sports is withering, if not completely dead, and the individual autonomy of clubs and players is severely eroded.
01 Jan 1992
TL;DR: In this paper, the microeconomic theory of the trade union and its effect on the macroeconomic performance is discussed. But the authors focus on the effects of trade unions on economic performance.
Abstract: Part 1 Unions as organizations: the microeconomic theory of the trade union, J.Oswald labour union objectives and collective bargaining, D.H.Blair and D.L.Crawford union wages, temporary layoffs and seniority, G.M.Grossman the determination of the union status of workers, H.S.Farbe. Part 2 Union/employers relations: longitudinal analyses of the effects of trade unions, R.B.Freeman wage bargaining and employment, I.M.McDonald and R.M.Solow trade unions and optimal labour contracts, H.Horrn and L.E.O.Svensson testing the efficiency of employment contracts, J.N.Brown and O.Ashenfelter bargaining and strikes, G.Hart an investigation into the determinants of US strike activity, J.S.Tracy. Part 3 Unions and macroeconomic performance: unemployment, G.J.Blanchard and L.H.Summers long-term unemployment and macroeconomic policy, A.Lindberg and D.J.Snower macroecomic stabilization policy and trade union behaviour as a repeated game, J.Driffill the rise in unemployment - a multi-country study, C.R.Bean et al the regulation of inflation and unemployment, E.Tarantelli.
TL;DR: In this article, the authors look at how the conjuncture that began with the advent of the PSD minority government under Cavaco Silva in 1985 resulted in a definitive demarcation of the positions of labour and capital in the redemocratisation process and in the consolidation of a neo-corporatist tendency within Portuguese industrial relations.
Abstract: This article looks at how the conjuncture that began with the advent of the PSD minority government under Cavaco Silva in 1985 resulted in a definitive demarcation of the positions of labour and capital in the redemocratisation process and in the consolidation of a neo‐corporatist tendency within Portuguese industrial relations. It focuses on labour's struggle around issues of labour law reform and wage agreements from within and from without the Permanent Council for Social Concertation, the tripartite body for macro‐economic and social negotiation. The struggle over labour law reform is presented as a struggle fundamentally to modify the position of labour in democratic Portugal's political economy. The article argues that labour suffered a serious setback as a result of this struggle and that this setback provided the class basis for the emergence of a historical compromise establishing a new pattern of industrial relations in Portugal. It then looks at the sequels of this struggle to demonstrate the e...
TL;DR: The story of the yellow-dog contract is naturally of interest because of its centrality to the development of American labor law and the decline of substantive due-process as discussed by the authors. But the story can be seen as a critical chapter in the evolution of American liberal legalism.
Abstract: The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of yellow-dog contracts. Thus, the doctrine of "liberty of contract" no longer operated as a bar to legislation protecting the rights of workers to organize for purposes of collective bargaining. The tale of the yellow-dog contract is naturally of interest because of its centrality to the development of American labor law and the decline of substantive due process. Beyond this, however, the story can be seen as a critical chapter in the development of American liberal legalism. The yellow-dog contract provoked something of a crisis in liberal discourse, because it brought into conflict two time-honored liberal values: liberty of contract and freedom of association. Recent scholarship has shown how "liberty of contract" was forged from such diverse liberal resources as Adam Smith's liberal political economy, Jacksonian liberalism, and the Northern "free labor" ideology that animated the abolitionist movement. Freedom of association enjoyed no less venerable liberal pedigree. Its protection against government infringement enshrined in the First Amendment, the freedom to affiliate with the lawful organizations of one's choice had been a widely embraced feature of American culture since well before the Civil War. Indeed, the passion of the American people for voluntary associations had attracted the fascination of Alexis de Tocqueville during his journey to the United States in the 1830s. The yellow-dog contract exposed a tension between these two values of American liberalism. Opponents of the yellow-dog contract contended that the employer was using his constitutionally protected liberty of contract as a means to inhibit his employee's freedom to associate with his fellow workingmen. In characteristically liberal terms, the answer to this charge would turn on whether the employee was seen as having surrendered his freedom of association voluntarily, or as a product of coercion. The answer to this question would in turn depend upon assumptions about the structure of the labor market, and these assumptions would change over time. Beneath this discourse, I believe, lay concerns about whether labor unions were properly analogized to the other sorts of voluntary associations celebrated by American liberalism. As those concerns became increasingly allayed over time, labor's advocates could more successfully appropriate the liberal rhetoric of associational freedom. Yet the story of the demise of the yellow dog contract cannot be adequately understood by looking at cultural context alone. In order to understand the voting patterns of the various Justices and the views they expressed in their opinions, one must pay close attention to the development of doctrine. A study of the doctrine pertaining to the yellow-dog contract reveals to us the difficulties with the notion that substantive due process and constitutional federalism were merely convenient weapons in the arsenal of a reactionary Court devoted to the maintenance of financial and industrial elites. Instead, we may see the weblike, interconnected structure of "laissez-faire constitutionalism." The doctrinal manifestations of Commerce Clause and due process jurisprudence were not simply free-floating rules that could be changed or abandoned without consequences extending beyond the particular doctrine involved. These areas of doctrine were developmentally intra- and interdependent. Modifications of one substantive due process doctrine entailed changes in another; developments in due process and Commerce Clause doctrine produced mutual, synergistic ramifications. In short, doctrinal commitments made by Justices in one area of doctrine entailed corresponding commitments in other doctrinal domains. In order to follow the trail of the yellow dog contract, we must trace these ripple effects across structurally related areas of doctrine.
01 Jan 1992
TL;DR: In this article, a model of collective bargaining that is not only empirically tractable but also rigorously and explicitly grounded in maximizing behaviour by union members is presented, and the model is used to model how collective bargaining resolves conflicts between the objectives of the union and the employer.
Abstract: Labour economists have long been interested in modelling the collective bargaining process, but the development of such models has proceeded slowly. Two major stumbling blocks have impeded progress. The first is the problem of specifying the objectives of a labour union. The second problem is modelling how collective bargaining resolves conflicts between the objectives of the union and the employer. These problems are intimately related because the formulation chosen for union preferences plays a critical role in determining how bargaining can be modelled. In this paper we report progress on both froms. We construct a model of collective bargaining that is not only empirically tractable but also rigorously and explicitly grounded in maximizing behaviour by union members.
Book•
01 Jan 1992
TL;DR: McCarthy as discussed by the authors discusses the changing limits of legal intervention in trade unions and the role of the Department of Employment in 20 years of institutional change and the impact of the law on trade unions.
Abstract: Preface: The Changing Limits of Legal Intervention: William McCarthy 1. The Rise and Fall of Collective Laissez Faire : William McCarthy 2. The Fall and Rise of Unfair Dismissal: B.A. Hepple 3. Anti-discrimination Legislation: Exploring and Explaining the Impact of Women's Employment: Linda Dickens 4. Laws About Strikes: Lord Wedderburn of Charlton 5. Trade Union Gains and Losses After Twenty Years of Legal Intervention: John Monks 6. Law and the Working Environment: The Ford Experience: John Hougham 7. Dispute Resolution: Conciliation, Mediation, Arbitration: Sir John Wood 8. The Role of the Department of Employment: Twenty Years of Institutional Change: M.R. Freedland 9. Bargaining Structure and the Impact of the Law: William Brown 10. The Emergence of European Labour Law: P.L. Davies.
Book•
01 Jan 1992
TL;DR: De Sousa et al. as discussed by the authors proposed a model to analyze specialization patterns and employment quality in the construction of Europe, using an employment systems model as an analytical tool, F. Rodrigues the institutional forms of work and employment.
Abstract: Part 1 International integration: lessons, scenarios and strategies towards greater European co-operation - a necessary but difficult road, F. Freire De Sousa and A. Castro future prospects for the European labour market - visions and nightmares, W. Sengenberger footwear manufacturers and the restructuring of distribution in the shoe industry - a challenge to the flexible specialization analysis, B. Courault economic internationalization and the labour market in Spain, A. Recio regional competition, convergence and social welfare - the US case, J. Persky federalism issues in the "Eastern European Bloc" - aspects of the labour market, J. Timar vocational training - one element in labour market policy in the new federal German states, P. Schreiber. Part 2 Integration and labour markets towards convergence?: deregulation and European labour markets, S. Deakin and U. Muckenberger trade union action and labour market - the French and German systems compared, P. Mahaut workforce conversion policies in Germany and France - new approaches to industrial restructuring, G. Bosch and M.C. Villeval the regulation of social protection in the European Community - the case of unemployment compensation, C. Toft. Part 3 Integration, internationalism and labour markets - analytical and theoretical issues: specialization patterns and employment quality in the construction of Europe - an employment systems model as an analytical tool, M.J. Rodrigues the institutional forms of work and employment - towards the construction of an international historical and comparative approach, F. Michon productive systems, international integration and the Single European Market, J. Rubery.
Book•
01 Jan 1992
TL;DR: The formation of the Labour Representation Committee, 1900-1906, and the Consolidation of the Party, 1900 -1906 as mentioned in this paper, and the limits of independence, 1906-1914 4. Elections and Party Support, 1906 -1914 5. War and Reconstitution 6. Labour's Electoral Achievement, 1918-1929 7. The Nature of Labour's Support 8. Economic Policy and Unemployment 9. The 1931 Crisis and the Fall of the UK Labour Government 10.
Abstract: 1. The Formation of the Labour Representation Committee 2. The Consolidation of the Party, 1900-1906 3. The Limits of Independence, 1906-1914 4. Elections and Party Support, 1906-1914 5. War and Reconstitution 6. Labour's Electoral Achievement, 1918-1929 7. The Nature of Labour's Support 8. Economic Policy and Unemployment 9. The 1931 Crisis and the Fall of the Labour Government 10. The 1931 Election
TL;DR: The costs of collective bargaining as an Ordinary Transaction Costs 440 1.2 as discussed by the authors 431 B.2 The Employer Demand Curve Response to Union Wage Demands 434 1.
Abstract: 2. Employer Rents 428 3. Productivity Increases Associated with Employee Organization 431 B. Employer Responses to Union Wage Demands....... 434 1. The Employer Demand Curve Response ......... 434 2. The Employer Bargaining Response 436 C. The Costs of Collective Bargaining . ...... 440 1. The Costs of Collective Bargaining as Ordinary Transaction Costs 440
Book•
01 Oct 1992
TL;DR: The emergence of the Labour Question, 1868-1906, The Liberals and Labour, 1906-15, The Labour Question in War and Peace, 1915-1926, Depression and Integration, 1926-1945, British politics and the Labour question since 1945 as mentioned in this paper.
Abstract: Introduction: 'Politics and the Labour Question' - The Emergence of the Labour Question, 1868-1906 - The Liberals and Labour, 1906-15 - The Labour Question in War and Peace, 1915-1926 - Depression and Integration, 1926-1945 - British Politics and the Labour Question since 1945 - Conclusion - Appendices: (i) Trade Union Growth and the Labour Vote - (ii) Chronology: Acts and Events, 1868-1990 - Bibliographical Essay
TL;DR: This article reviewed the empirical evidence of rigidity in the New Zealand labour market over the period 1984-1990, with particular reference to collective bargaining, and showed that labour market institutions displayed an important degree of flexibility over this period.
Abstract: This paper reviews the empirical evidence of rigidity in the New Zealand labour market over the period 1984–1990, with particular reference to collective bargaining. It demonstrates that labour market institutions displayed an important degree of flexibility over this period. Despite this, labour markets were stigmatized as ‘inflexible’ in public debate and labour market policy has been driven by the assumption that more flexibility was required.
Journal Article•
TL;DR: Those provisions of the act's employment title, implementing regulations, and the Equal Employment Opportunity Commission's interpretive comment that either expand the rights of the disabled or are of particular relevance to the practice of occupational medicine are reviewed.
Abstract: The Americans with Disabilities Act (ADA) employment title affects a broad range of employment-related health care activities including medical data collection from applicants and employees, drug screening, decisions arising from health and safety concerns, accommodation review, and confidentiality of medical records. The ADA also expands the rights afforded disabled persons under the Rehabilitation Act by codifying disparate impact analysis and the employer's duty to provide reasonable accommodation. This article reviews those provisions of the act's employment title, implementing regulations, and the Equal Employment Opportunity Commission's interpretive comment that either expand the rights of the disabled or are of particular relevance to the practice of occupational medicine.
Book•
01 Jan 1992
TL;DR: In this article, the authors explain the operation of local labour markets and how to analyze local labour market people at work people in the labour market race the local authority as employer training partnerships in action local labour marketing strategy.
Abstract: Explaining the operation of local labour markets how to analyze your local labour market people at work unemployed women in the labour market race the local authority as employer training partnerships in action local labour market strategy.
TL;DR: The authors describe a major debate in turn of the century social reform through a close reading of the published works of Charles Booth, J.A. Hobson, William Beveridge, A.C. Pigou and others.
Abstract: This article attempts to describe a major debate in turn of the century social reform through a close reading of the published works of Charles Booth, J.A. Hobson, William Beveridge, A.C. Pigou and others. My aim is to reconstruct the emergence and elaboration of a theory of labour market disorganisation, understood as the absence of effective norms governing employment relationships in urban labour markets subject to chronic over-supply. In so doing I shall take issue with a tendency in the historiography of social policy to fragment this debate into the development of two distinct conceptual frameworks corresponding to the social problems of poverty and unemployment more or less as we know them today.