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Author: Julius G. Getman Publisher: Cornell University Press ISBN: 150170365X Category : Law Languages : en Pages : 240
Book Description
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.
Author: Julius G. Getman Publisher: Cornell University Press ISBN: 150170365X Category : Law Languages : en Pages : 240
Book Description
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.
Author: Larry Savage Publisher: UBC Press ISBN: 0774835419 Category : Law Languages : en Pages : 323
Book Description
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. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.
Author: Michael W. McCann Publisher: University of Chicago Press ISBN: 022667990X Category : Law Languages : en Pages : 515
Book Description
Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
Author: United States. National Labor Relations Board. Office of the General Counsel Publisher: U.S. Government Printing Office ISBN: Category : Law Languages : en Pages : 68
Author: Sophia Z. Lee Publisher: Cambridge University Press ISBN: 1316061191 Category : History Languages : en Pages : 429
Book Description
Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Author: Terry Conrow Toczynski Publisher: Xandland Press ISBN: 9781954929043 Category : Biography & Autobiography Languages : en Pages : 320
Book Description
New edition of the 1993 book that detailed the horrendous tactics employers and union busters will use to stop workers from forming unions. Paperback version.
Author: Judy Fudge Publisher: University of Toronto Press ISBN: 9780802037930 Category : History Languages : en Pages : 422
Book Description
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1184
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: James B. Kelly Publisher: UBC Press ISBN: 0774816767 Category : Law Languages : en Pages : 650
Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: Julius G. Getman
Author: Julius G. Getman
Author: Larry Savage
Author: Michael W. McCann
Author: United States. National Labor Relations Board. Office of the General Counsel
Author: Sophia Z. Lee
Author: Terry Conrow Toczynski
Author: Judy Fudge
Author: United States
Author: 
Author: James B. Kelly