141 research outputs found

    Injonctions et conflits du travail

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    Replaçant la procédure d'injonction dans son contexte sociologique en se référant aux caractéristiques essentielles du droit du travail, l'auteur préconise le rapatriement d'une procédure d'injonction modifiée dans la législation du travail et analyse les nouveaux pouvoirs accordés au Conseil canadien des relations du travail (CCRT) en matière d'ordre de ne pas faire (cease and desist order).In our days, the industrial relations field is yet unexplored. It would be quite an incomplete view to examine the injunction in its judicial context ; it is adequate to re-situate it in its sociological context. It is important to question the impact of the sociology of labour regarding the evolution of labour laws The free collective bargaining System imposes itself more and more on our occidental democracies as being the rule and the instrument able to assure industrial peace; it is important to rightly recognize its requirements. The face to face pattern, the « rapport de force », and the conflict are the basic elements of the regime. The protection and the promotion of Freedom of Association, which tends to encourage and privilege collective bargaining, is the cornerstone of this System.Furthermore, labour laws are essentially established for the protection of the workers; this characteristic is largely recognized and implemented. But, there is also a certain particularism attached to labour laws to such an extent that they tend to dissociate from the civil law, and to set up in an independent judicial System. The main reason for this tendency towards autonomy lies in the incompatibility of nature between the two disciplines. For example, notions like the absolute authority of employer regarding dismissals, the civilist theory on risk, the dismissal notice period, the rupture or resiliation of lease of personal service contract, have totally contradictory connotations or applications, as long as you consider them in the civil code perspective, or in the scope of the collective bargaining System.Considering the injunction procedure in the global context of the collective bargaining System, where the right to strike is sanctioned by the law as a « corollaire » of the right to collective bargaining, it is quite easy to realize that the injunction looks like an anachronism, a « cataplasme » artificially imposed and attacking the intergrity of the System. Instead of encouraging or promoting the collective bargaining System, the injunction has the very direct effect of undermining the System itself.Showing the way, and suggesting some guidelines for the future, the author recommends that priority be given to the particularism of labour laws regarding civil law, common law, or criminal law. By doing so, one might contribute to the de-mystification, the de-dramatization or the de-criminalization of the strikes phenomenon.It would be advisable to replace the injunction with an alternative formula. The last amendments recently applied, to the Canada Labour Code, (June, 1978), give new powers to the Canada Labour Relations Board in matters related to illegal strikes, and suggest a new approach. Therefore, at the request of an interested party, the Board, after an investigation, may issue a declaration of illegal strike or lock-out, or an order of « statu quo ante ». But these quasi-judicial decisions may be preceded by an investigation and by mediation efforts, in an attempt to settle the conflicts. The new powers grant considerable pressures and effective means of dissuasion to the C.L.R.B. A judgment of the Supreme Court of Canada, involving a construction union and the Nova Scotia Labour Board reflects this issue. The court established the distinction between the traditional injunction procedure and the new powers given the labour boards. In addition to this, the constitutional aspect concerning the competence of a labour board to issue cease and desist orders was equally decided

    Quantum theory of spontaneous and stimulated emission of surface plasmons

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    We introduce a quantization scheme that can be applied to surface waves propagating along a plane interface. An important result is the derivation of the energy of the surface wave for dispersive non-lossy media without invoking any specific model for the dielectric constant. Working in Coulomb's gauge, we use a modal representation of the fields. Each mode can be associated with a quantum harmonic oscillator. We have applied the formalism to derive quantum-mechanically the spontaneous emission rate of surface plasmon by a two-level system. The result is in very good agreement with Green's tensor approach in the non-lossy case. Green's approach allows also to account for losses, so that the limitations of a quantum approach of surface plasmons are clearly defined. Finally, the issue of stimulated versus spontaneous emission has been addressed. Because of the increasing density of states near the asymptote of the dispersion relation, it is quantitatively shown that the stimulated emission probability is too small to obtain gain in this frequency region.Comment: 14 pages, 5 figures, submitted to Phys. Rev. B

    Unusual evolution of a non-hacek Gram-negative endocarditis in a patient with Turner syndrome

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    Non-HACEK Gram-negative endocarditis is a rare but severe illness, and the diagnosis can be difficult to establish. Here, we report the case of a 72-year-old woman with Turner syndrome suffering from non-typhoid Salmonella endocarditis of the triscupid valve, who benefited from prompt antibiotic treatment allowing a quick and complete recover

    Identification of Domains of the HPV11 E1 Protein Required for DNA Replication in Vitro

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    AbstractThe HPV E1 and E2 proteins along with cellular factors, are required for replication of the viral genome. In this study we show that in vitro synthesized HPV11 E1 can support DNA replication in a cell-free system and is able to cooperate with E2 to recruit the host polymerase α primase to the HPV origin in vitro. Deletion analysis revealed that the N-terminal 166 amino acids of E1, which encompass a nuclear localization signal and a cyclin E-binding motif, are dispensable for E1-dependent DNA replication and for recruitment of pol α primase to the origin in vitro. A shorter E1 protein lacking the N-terminal 190 amino acids supported cell-free DNA replication at less than 25% the efficiency of wild-type E1 and was active in the pol α primase recruitment assay. An even shorter E1 protein lacking a functional DNA-binding domain due to a truncation of the N-terminal 352 amino acids was inactive in both assays despite the fact that it retains the ability to associate with E2 or pol α primase in the absence of ori DNA. We provide additional functional evidence that E1 interacts with pol α primase through the p70 subunit of the complex by showing that p70 can be recruited to the HPV origin by E1 and E2 in vitro, that the domain of E1 (amino acids 353–649) that binds to pol α primase in vitro is the same as that needed for interaction with p70 in the yeast two-hybrid system, and that exogenously added p70 competes with the interaction between E1 and pol α primase and inhibits E1-dependent cell-free DNA replication. On the basis of these results and the observation that pol α primase competes with the interaction between E1 and E2 in solution, we propose that these three proteins assemble at the origin in a stepwise process during which E1, following its interaction with E2, must bind to DNA prior to interacting with pol α primase

    Concepts «fondamentaux» en administration de l’éducation

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    Glossaire élaboré par des membres de la cellule "administration scolaire" au Département d'administration et fondements de l'éducation. Définitions retenues qui s’appliquent toutes au domaine de l’éducation. Document complémentaire aux notions véhiculées dans le cours ETA6900 : Introduction à l’administration de l’éducation
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