Unions In Court
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Unions In Court
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Author : Charles W. Smith
language : en
Publisher: UBC Press
Release Date : 2017-06-09
Unions In Court written by Charles W. Smith and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-09 with Law categories.
Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour’s long-standing distrust of the legal system has given way to a controversial, Charter-based legal strategy. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.
Trade Union Rights At The Workplace
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-01-01
Trade Union Rights At The Workplace written by Roger Blanpain and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays presented here are an outcome of an international and comparative conference, organised and sponsored by the newly established Hugo Sinzheimer Institute of Labour Law (HSI), Frankfurt am Main, which took place in Frankfurt in January 2011 at the premises of IG Metall, the world's largest trade union. The book offers an overview of trade union rights in each of seven industrial countries: Belgium, Hungary, England, Germany, France, the Netherlands and the United States. A concluding chapter by Manfred Weiss notes the futility of a 'harmonization' approach, stressing rather a strategy of accepting variety which nevertheless embraces close cooperation. Issues covered include the following: direct and indirect recognition of the rights of the unions at the workplace; the right of access of trade union representatives not employed in the establishment; competition from non-unionized firms and low labour cost operations; new styles of management hostile to trade unions; employers' use of the courts to prevent industrial action illegalized by new legislation; relations among trade unions, works councils, workers' representatives, and employers' organizations; the role of the union at a time of change of company ownership; and effects of public resistance to cuts in public services and to job losses. At a time when the protection of the global 'voice' of workers is of the utmost importance, sensitivity to existing cultural differences is crucial to effective international engagement and cooperation among trade unions. As an important contribution in this respect, this book will be of great value to labour and employment lawyers and other professionals involved in law and policy affecting labour and industrial relations."--Publisher's website.
The Supreme Court On Unions
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Author : Julius G. Getman
language : en
Publisher: Cornell University Press
Release Date : 2016-05-19
The Supreme Court On Unions written by Julius G. Getman and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation’s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court’s responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.
The Right To Strike Under The European Court Of Human Rights
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Author : Charalampos Stylogiannis
language : en
Publisher: GRIN Verlag
Release Date : 2017-01-09
The Right To Strike Under The European Court Of Human Rights written by Charalampos Stylogiannis and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-09 with Law categories.
Master's Thesis from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 70%, University College London, course: LLM, language: English, abstract: This paper seeks to examine, from a human rights perspective, the degree of protection of the right to strike under Article 11 ECHR. Chapter One examines whether Article 11 ECHR offers any possibility for reading into its provisions a general right to strike. It will scrutinise the initial reluctance of the ECtHR to proceed to such an interpretation, and thus to adequately safeguard the right at issue. Chapter Two discusses the course through which the initial despair preceded the subsequent hope of the Demir and Baykara judgement while considering the case’s impacts on the protection of the right to strike. Chapter Three critically examines the decision in the RMT v. UK case, in which the ECtHR appeared to misplace any optimism its previous jurisprudence had generated. It will focus on the UK’s problematic pre-industrial notices which are necessary for the workers in escaping tortious liability, and on the classification, by the Court, of a secondary action as an ‘‘accessory’’, rather than a core aspect of trade unions’ activity. Chapter Four at first refers to the importance of the right to strike as a human right. It is argued that its enhanced protection can result in the promotion of human rights for both those taking part in the industrial action and those who are not formally engaged in the dispute. Finally, it discusses why the ECHR constitutes the 'safest' route through which individuals and trade unions can challenge breaches vis a vis the right to strike.
Attitude Of American Courts In Labor Cases
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Author : George Gorham Groat
language : en
Publisher:
Release Date : 1969
Attitude Of American Courts In Labor Cases written by George Gorham Groat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Labor laws and legislation categories.
Union Violence
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Author : Armand J. Thieblot
language : en
Publisher: George Mason University John M. Olin Institute for Employmen
Release Date : 1999
Union Violence written by Armand J. Thieblot and has been published by George Mason University John M. Olin Institute for Employmen this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Business & Economics categories.
Trade Unions For Tomorrow
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Author : Inns of Court Conservative and Unionist Society
language : en
Publisher:
Release Date : 1966
Trade Unions For Tomorrow written by Inns of Court Conservative and Unionist Society and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Employees' association categories.
Workplace Justice Without Unions
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Author : Hoyt N. Wheeler
language : en
Publisher: W.E. Upjohn Institute
Release Date : 2004
Workplace Justice Without Unions written by Hoyt N. Wheeler and has been published by W.E. Upjohn Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Arbitration, Industrial categories.
Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].
Trade Union Law And Cases
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Author : Herman Cohen
language : en
Publisher:
Release Date : 1901
Trade Union Law And Cases written by Herman Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1901 with Labor laws and legislation categories.
The Law Of Labour And Employment Disputes In Trinidad And Tobago
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Author : Addison Khan
language : en
Publisher:
Release Date : 2006-08-01
The Law Of Labour And Employment Disputes In Trinidad And Tobago written by Addison Khan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-01 with Law categories.
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, disciplinaryaction, industrial action, offences and penalties, summary of relevant decisions of the Court of Appeal and a general appraisal of the system. The author, Addison Khan, M.A., L.L.M., Attorney at Law is the former President of the Industrial Court of Trinidad and Tobago, and has over 45 years' experience and expertise in industrial relations and industrial relations law. He was a former private legal practitioner and Assistant Legal Adviser of Texaco Trinidad, Inc. He has appeared as an advocate in labour and employment cases in the Industrial Court of Trinidad and Tobago and served as a judge of that Court for nearly twenty years. He is at present in private practice as an Attorney at Law, specialising in labour and employment law cases. 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.