scholarly journals The Faces of Coercion: The Legal Regulation of Labor Conflict in Ontario, 1880–1889

1994 ◽  
Vol 12 (2) ◽  
pp. 277-339 ◽  
Author(s):  
Eric Tucker
Keyword(s):  
Collective Bargaining ◽  
North American ◽  
Trade Unions ◽  
Labor Law ◽  
Legal Regulation ◽  
Legal Regime ◽  
Stages Of Development ◽  
Three Stages ◽  
Wagner Act ◽  
American Labor

Until recently, North American labor law historiography has been dominated by the view that the legal regime regulating trade unions and collective bargaining has passed through three stages of development: repression, toleration, and promotion. This evolutionary narrative served the function of justifying current collective bargaining schemes by showing them to be the progressive realization of political and industrial pluralism. Confidence in the narrative, however, is eroding. In part, this is fuelled by the crisis of the current collective bargaining regime. It no longer appears to be able to deliver the goods. Not coincidentally, critical scholars have also chosen this moment to scrutinize the Whiggish history produced by writers committed to the Wagner Act model and have found it wanting.

scholarly journals Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

2020 ◽  
pp. 177-181
Author(s):  
Lyudmila Vakaryuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
State Regulation ◽  
Coherent System ◽  
Legal Regime ◽  
Work Activity ◽  
Legal Remedies ◽  
Legal Regimes ◽  
Rights And Interests

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes. It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task. It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.

The Return of Judicial Repression: What Has Happened to the Strike?

The Forum ◽  
2012 ◽  
Vol 10 (1) ◽  
Author(s):  
Chris Rhomberg
Keyword(s):  
United States ◽  
Collective Bargaining ◽  
Labor Relations ◽  
The United States ◽  
Legal Regime ◽  
National Labor Relations Act ◽  
Current State ◽  
Class Power ◽  
The Right ◽  
American Labor

Discussions of the current state of American labor have overlooked the fact that the strike, a principal form of union and working class power, has virtually disappeared from American life. The rise of an anti-union institutional legal regime has undermined the right to strike and effectively reversed the structure of incentives for collective bargaining envisioned under the National Labor Relations Act. The dynamics of the current regime are illustrated by one of the largest and longest strikes of recent decades, the 1995 Detroit Newspapers strike. The consequences go beyond unionized labor and constitute a de-democratization of workplace governance in the United States.

scholarly journals The Protection of the Worker`s Right to Freedom of Association: the ECtHR Case-Law

2021 ◽  
Vol 4 (1) ◽  
pp. 166-185
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Well Being ◽  
Case Law ◽  
Legal Regulation ◽  
Freedom Of Association ◽  
Collective Redress ◽  
Wide Range ◽  
The Right ◽  
Economic Well Being

The article is devoted to the study of the freedom of association of workers as an important element of the mechanism of the protection of labour rights, and also as a tool for effective social dialogue aimed at improving working conditions and ensuring the socio-economic well-being of workers. It is established that although the right to form and join trade unions under the ECHR is part of the right to freedom of association, its content is quite broad, as it is determined by the purpose of such association, which is to protect the interests of workers. Therefore, a wide range of collective redress, including the right to collective bargaining and the right to strike, are now an integral part of the right of workers to form or join trade unions. The study pays special attention to the analysis of the case-law of the ECtHR, which allowed the author to identify key elements of the content of the right of employees to association and determine the positive and negative obligations of the state that are necessary to ensure its effectiveness and protection. Taking this analysis into account and examining the national case-law, gaps in the legal regulation of freedom of association of workers in Ukraine have been identified, and proposals for their elimination have been made. Keywords: freedom of association; trade union; protection against discrimination; strike; collective bargaining; case-law of the ECtHR

scholarly journals ORIGIN AND DEVELOPMENT OF LEGAL REGULATION OF TRANSLATION AND MOVEMENT OF EMPLOYEES ON THE TERRITORY OF MODERN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 265-271
Author(s):  
Г. Ю. Фоміна
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Soviet Period ◽  
Scientific Thought ◽  
The Third ◽  
Current State ◽  
Third Stage ◽  
Three Stages ◽  
The Times ◽  
Second Period

The article is devoted to the formation of actual scientific thought concerning the process of origin and development of legal regulation of the transfer and relocation of workers in the historical territories of modern Ukraine. The author analyzes the approaches available in the scientific literature to the periodization of the origin and development of various labor-legal phenomena, and also determines a number of regularities in the formation of the author's classifications of the periods of development of the corresponding phenomena. In the process of clarifying the current state of scientific thought regarding the origin and development of the legal regulation of the transfer and relocation of employees in Ukraine, problematic issues of the existing historical and legal thought regarding the legal regulation of these personnel procedures are identified, proposals are formulated to solve such problems. The article substantiates the position according to which it is advisable to determine the formation and development of legal regulation of the transfer and relocation of employees within the framework of three historical periods. The first period was the factory period of legal regulation of the transfer of workers (1835-1918). The second period is the Soviet period of legal regulation of the transfer and relocation of employees, which is divided into three stages: the first (1918-1922) and the second (1922-1970) stages of legal regulation of the transfer of employees by the norms of Soviet labor law; the third stage of legal regulation of the transfer and relocation of employees by the norms of Soviet labor law (1971-1991). The third period is the period of legal regulation of the transfer and relocation of workers during the times of independent Ukraine (since 1991). The conclusions to the article summarize the results of the study.

Autómatas Celulares Aplicados al Comportamiento de Células de Cáncer Cervicouterino

2019 ◽  
Vol 6 (1) ◽  
pp. 44-49
Author(s):  
Tania Muñoz Jiménez ◽  
Aurora Torres Soto ◽  
María Dolores Torres Soto
Keyword(s):  
Cellular Automaton ◽  
Medical Model ◽  
Research Process ◽  
Simulation Algorithm ◽  
Stages Of Development ◽  
Literary Research ◽  
Migration Dynamics ◽  
Three Stages ◽  
And Migration ◽  
Best Parameters

En este documento se describe el desarrollo e implementación de un modelo para simular computacionalmente la dinámica del crecimiento y migración del cáncer cervicouterino, considerando sus principales características: proliferación, migración y necrosis, así como sus etapas de desarrollo. El modelo se desarrolló mediante un autómata celular con enfoques paralelo y secuencial. El autómata celular se basó en el modelo de Gompertz para simular las etapas de desarrollo de este cáncer, el cual se dividió en tres etapas cada una con diferentes comportamientos durante la simulación. Se realizó un diseño experimental con parámetros de entrada que se seleccionaron a partir de la investigación literaria y su discusión con médicos expertos. Al final del proceso de investigación, se logró obtener un algoritmo computacional de simulación muy bueno comparado con el modelo médico de Gompertz y se encontraron los mejores parámetros para su ejecución mediante un diseño factorial soportado estadísticamente. This paper describes the development and implementation of a model to computationally simulate the growth and migration dynamics of cervical cancer, considering its main characteristics: proliferation, migration and necrosis, as well as its stages of development. The model was developed by means of a cellular automaton with parallel and sequential approaches. The cellular automaton was based on the model of Gompertz to simulate the stages of development of this cancer, which was divided into three stages, each with different behaviors during the simulation. An experimental design was carried out with input parameters that were selected from literary research and its discussion with expert physicians. At the end of the research process, a very good simulation algorithm was obtained compared to the Gompertz medical model and the best parameters for its execution were found by means of a statistically supported factorial design.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

Labor Movements in Latin America

2020 ◽  
Author(s):  
Federico M. Rossi
Keyword(s):  
Latin America ◽  
Working Class ◽  
Latin American ◽  
Trade Unions ◽  
Labor Movements ◽  
Relational Approach ◽  
Informal Workers ◽  
History Of ◽  
American Labor

The history of Latin America cannot be understood without analyzing the role played by labor movements in organizing formal and informal workers across urban and rural contexts.This chapter analyzes the history of labor movements in Latin America from the nineteenth to the twenty-first centuries. After debating the distinction between “working class” and “popular sectors,” the chapter proposes that labor movements encompass more than trade unions. The history of labor movements is analyzed through the dynamics of globalization, incorporation waves, revolutions, authoritarian breakdowns, and democratization. Taking a relational approach, these macro-dynamics are studied in connection with the main revolutionary and reformist strategic disputes of the Latin American labor movements.

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