54,997 research outputs found

    Labor Relations Law in North America

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    [Excerpt] In establishing their Agreement on Labor Cooperation as a complement to the North American Free Trade Agreement, the governments of Canada, the United States and Mexico accepted the fact that each nation had evolved a different system of labor law and administration. They agreed that those systems should continue to evolve independently within each sovereign jurisdiction. But they also recognized the extremely important fact that these three systems were based on underlying principles which were held in common and which could be articulated. These are the 11 Labor Principles of the NAALC. Each principle defines a sector of labor law, which is given concrete expression by the statutes and jurisprudence of the different jurisdictions. The parties to the NAALC undertake solemn obligations to ensure that their laws in these sectors are effectively enforced. Thus all competitors in the North American Free Trade area will operate under the law in regard to labor matters, administered openly and consistently. Such is a major objective of the NAALC. The objective of this publication by the Commission for Labor Cooperation is to enable the public at large in North America, and not just specialists in comparative labor law, to know simply and clearly what those different labor law regimes are and how they are administered. The NAALC relies primarily on the public to draw attention to any deficiencies which may occur in regard to labor law administration. It is thus imperative that the public have ready access to the content of the laws and how they are meant to apply, organized following the schema of the NAALC

    Trade Unions and Human Rights

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    [Excerpt] In the 1990s the parallel but separate tracks of the labor movement and the human rights movement began to converge. This chapter examines how trade union advocates adopted human rights analyses and arguments in their work, and human rights organizations began including workers\u27 rights in their mandates. The first section, Looking In, reviews the U.S. labor movement\u27s traditional domestic focus and the historical absence of a rights-based foundation for American workers\u27 collective action. The second section, Looking Out, covers a corresponding deficit in labor\u27s international perspective and action. The third section, Labor Rights Through the Side Door, deals with the emergence of international human rights standards and their application in other countries as a key labor concern in trade regimes and in corporate social responsibility schemes. The fourth section, Opening the Front Door to Workers\u27 Rights, relates trade unionists\u27 new turn to human rights and international solidarity and the reciprocal opening among human rights advocates to labor concerns. The conclusion of the chapter discusses criticisms by some analysts about possible overreliance on human rights arguments, and offers thoughts for strengthening and advancing the new labor-human rights alliance

    REMEDIES FOR DAMAGE TO PROPERTY: MONEY DAMAGES OR RESTITUTION IN NATURA?

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    In spite of the great volume of law and economics research carried out in the field of tort law, there exists a gap in the literature concerning the effects of different tort remedies, namely money damages and restitution in natura. Although there is a parallel between the above mentioned remedies and the remedies for breach of contract, i.e. money damages and specific performance, the analysis of the latter does not apply in torts; the high transaction costs involved in such involuntary transactions bring about fundamental changes in it. The aim of this paper is to perform a comparative analysis of money damages and restitution in natura from an efficiency perspective. The basis of the comparison is the relation of each of the remedies to the 'ideal' compensation, which, at least in principle, corresponds to the subjective accident loss for the victim. According to the conclusion reached, no rule is generally preferable to the other. Thus, it is crucial to sort the different types of cases and apply the remedy which is better suited to each one of them. The normative proposition derived is that judges should be granted the discretion to decide on the adequate remedy on a case-to-case basis. On this premise, I proceed to a comparative analysis of the relevant legal rules in Germany, England, Greece, and France, since each legal system tackles this issue differently.

    A Taxonomy of Striker Replacements

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    On Honoring Picket Lines: A Revisionist View

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    Report on the Right to Associate at Oak Harbor Freight Lines, Inc.

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    This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide. Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.ILRF_Oak_Harbor.pdf: 151 downloads, before Oct. 1, 2020

    Institutions and Structural Unemployment: Do Capital Market Imperfections Matter? CEPS Working Document No. 158, November 2000

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    This paper analyses whether differences in institutional structures on capital markets contribute to explaining why some OECD-countries, in particular the Anglo-Saxon countries, have been much more successful over the last two decades in producing employment growth and in reducing unemployment than most continental-European OECD-countries. It is argued that the often-blamed labour market rigidities alone, while important, do not provide a satisfactory explanation for these differences across countries and over time. Financial constraints are potentially important obstacles against creating new firms and jobs and thus against coping well with structural change and against moving successfully toward the “new economy”. Highly developed venture capital markets should help to alleviate such financial constraints. This view that labour-market institutions should be supplemented by capital market imperfections for explaining differences in employment performances is supported by our panel data analysis, in which venture capital turns out to be a significant institutional variable

    To Strike or Not to Strike (Review of Julius Getman, The Betrayal of Local 14: Paperworkers, Politics, and Permanent Replacements)

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    This is a book review of Julius Getman, The Betrayal of Local 14: Paperworkers, Politics, and Permanent Replacements (1998
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