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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: Julius G. Getman Publisher: Cornell University Press ISBN: 1501703641 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: 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: Larry Savage Publisher: ISBN: 9780774835428 Category : Labor laws and legislation Languages : en Pages :
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 Charter-based 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. Savage and Smith argue that the ascendance of neoliberalism in the 1990s forced unions to reconsider their relationships with the courts and governments, and pushed unions back into the legal arena. 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: Armand J. Thieblot Publisher: George Mason University John M. Olin Institute for Employmen ISBN: Category : Business & Economics Languages : en Pages : 536
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: Robert A. Gorman Publisher: Juris Publishing, Inc. ISBN: 1578233259 Category : Law Languages : en Pages : 31
Book Description
Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.
Author: Julius G. Getman
Author: Julius G. Getman
Author: Julius G. Getman
Author: Larry Savage
Author: George Gorham Groat
Author: United States. National Labor Relations Board. Office of the General Counsel
Author: Larry Savage
Author: Armand J. Thieblot
Author: Michael W. McCann
Author: George Gorham Groat
Author: Robert A. Gorman