Author: United States. National Labor Relations Board. Office of the General CounselPublisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description
Basic Guide to the National Labor Relations Act
Author: United States. National Labor Relations Board. Office of the General CounselPublisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description
--the Right of Individual Employees to Enforce Provisions of Collective Bargaining Agreements
Author: United States. National Recovery AdministrationPublisher:
ISBN:
Category :
Languages : en
Pages : 8
Book Description
The Right of Individual Employees to Enforce Provisions of Collective Bargaining Agreements
Author: United States. National Recovery AdministrationPublisher:
ISBN:
Category : Collective bargaining
Languages : en
Pages : 16
Book Description
Labor-Management Reporting and Disclosure Act of 1959, as Amended
Author: Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 32
Book Description
United States Code
Author: United StatesThe Labor-Management Reporting and Disclosure Act of 1959
Author: United States. Congress. House. Committee on Education and LaborPublisher:
ISBN:
Category : Labor unions
Languages : en
Pages : 128
Book Description
Collective Agreements
Author: Susan HayterPublisher:
ISBN: 9789221316091
Category : Collective labor agreements
Languages : en
Pages : 0
Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Collective Bargaining for Self-Employed Workers in Europe
Author: Bernd WaasPublisher: Kluwer Law International B.V.
ISBN: 9403523743
Category : Law
Languages : en
Pages : 480
Book Description
Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Collective Bargaining Agreements
Author: Landmark PublicationsPublisher:
ISBN:
Category :
Languages : en
Pages : 552
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding collective bargaining agreements. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * The complete preemption doctrine is an exception to the well-pleaded complaint rule. Caterpillar, 482 U.S. at 393, 107 S.Ct. 2425. Complete preemption occurs when the "pre-emptive force of a statute is so extraordinary that it converts an ordinary state common-law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule." Id. (internal quotation marks omitted). The Supreme Court has identified only three statutes as having the requisite "preemptive force" to support complete preemption, one of which is § 301 of the LMRA. Sullivan v. Am. Airlines, Inc., 424 F.3d 267, 272 (2d Cir. 2005). Section 301 provides: Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect of the amount in controversy or without regard to the citizenship of the parties.29 U.S.C. § 185(a). Section 301 preemption serves to "ensure uniform interpretation of collective-bargaining agreements." Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 404, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988).Section 301 "governs claims founded directly on rights created by collective-bargaining agreements, and also claims substantially dependent on analysis of a collective-bargaining agreement." Caterpillar, 482 U.S. at 394, 107 S.Ct. 2425. Thus, when resolution of a state law claim is "substantially dependent" upon or "inextricably intertwined" with analysis of the terms of a CBA, the state law claim "must either be treated as a § 301 claim, or dismissed as pre-empted by federal labor-contract law." Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 213, 220, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (citation omitted).When, on the other hand, a plaintiff covered by a CBA asserts "legal rights independent of that agreement," preemption does not occur. Caterpillar Inc., 482 U.S. at 396, 107 S.Ct. 2425. A state-law claim is "independent" when resolving it "does not require construing the collective-bargaining agreement." Lingle, 486 U.S. at 407, 108 S.Ct. 1877. This rule ensures that § 301 is not "read broadly to pre-empt nonnegotiable rights conferred on individual employees as a matter of state law." Livadas v. Bradshaw, 512 U.S. 107, 123, 114 S.Ct. 2068, 129 L.Ed.2d 93 (1994); see also Foy v. Pratt & Whitney Grp., 127 F.3d 229, 232, 235 (2d Cir. 1997) (state law negligent misrepresentation claims not preempted by § 301 because they rested on independent state law rights that did not require interpretation of CBA and "[s]tate law-not the CBA- [was] the source of the rights asserted by the plaintiffs"). That a court may need to consult the CBA in resolving the state law claim-to compute damages, for instance- does not subject that claim to preemption by § 301. Livadas, 512 U.S. at 125, 114 S.Ct. 2068; accord Wynn v. AC Rochester, 273 F.3d 153, 158 (2d Cir. 2001) (per curiam) ("simple reference to the face of the CBA" does not require preemption). "The boundary between claims requiring 'interpretation' of a CBA and ones that merely require such an agreement to be 'consulted' is elusive." Wynn, 273 F.3d at 158. Whitehurst v. 1199SEIU United Healthcare Workers, 928 F. 3d 201 (2nd Cir. 2019).
Business Law I Essentials
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.