Effective Resolution of Collective Labour Disputes

Effective Resolution of Collective Labour Disputes

Author: A. F. M. Brenninkmeijer

Publisher: Europa Law Publishing

Published: 2006

Total Pages: 180

ISBN-13: 9789076871615

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In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.


Resolving Individual Labour Disputes

Resolving Individual Labour Disputes

Author: International Labour Office

Publisher:

Published: 2016-12-23

Total Pages: 369

ISBN-13: 9789221304197

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This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).


Labour Dispute Resolution

Labour Dispute Resolution

Author: John Brand

Publisher: Juta

Published: 1997

Total Pages: 338

ISBN-13:

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With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.


Labor Law Beyond Borders

Labor Law Beyond Borders

Author: International Bureau of the Permanent Court of Arbitration

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 223

ISBN-13: 9041122028

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The 11 papers explore such aspects as the significance of international labor norms for settling cross-border disputes; the role of private labor rights initiatives; the advantages, disadvantages, and potential usefulness of alternative dispute resolution (ADR) for interstate labor disputes; a proposal for conciliation through the Permanent Court of Arbitration; problems and pitfalls of optional rules for arbitration and/or conciliation of labor disputes; and whether core labor rights and labor market flexibility are entwined paths. A conclusion summarizes insights useful to the Court. No index is provided. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).--Résumé de l'éditeur.


Mediation in Collective Labor Conflicts

Mediation in Collective Labor Conflicts

Author: Martin C. Euwema

Publisher: Springer

Published: 2019-05-28

Total Pages: 339

ISBN-13: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"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.


Resolving Labor and Employment Disputes

Resolving Labor and Employment Disputes

Author: Ross E. Davies

Publisher: Kluwer Law International

Published: 2012

Total Pages: 0

ISBN-13: 9789041140784

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In today's political and economic climate, broad and easy agreement with the basic premise of labor law - to stimulate the economy by putting more money into the pockets of working people - is not likely. Bad economic times are generally not good for labor organization and labor standards. There is, of course, still an important for labor and employment and good practices to help resolve employment disputes. New York University's venerable and prestigious Center for Labor and Employment Law has always been dedicated to the underlying principles of labor law as expressed in the National Labor Relations Act seventy-five years ago, despite recent economic challenges unforeseen at that time. The Center's 2010 conference (the 63rd in this highly influential series) was built around a stocktaking of the current condition of labor law in the United States, focusing on the continuities and disparities that characterize practice in the field today. This volume contains papers presented at that meeting, all here updated to reflect recent developments. Extending beyond the NLRA itself, contributors discuss the effects of later legislation such as the Wagner and Taft-Hartley Acts of 1947, agencies such as the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, and proliferating connections between labor relations law and intellectual property law. Experts from both the practicing bar and academia - eighteen in all - call on their unique strengths to address such issues as the following: new applications of the § 10(j) injunction; remedies for unlawful discharges in organizing campaigns; confidentiality agreements; "legitimate employer interests"; reasonableness standard for enforcement of covenants not to compete; criminal prosecutions under the Computer Fraud and Abuse Act; the role of statistical evidence in systemic discrimination cases; certification for class actions; cultivating a "plan/prevent/protect" culture of compliance; and employee representation election regulation. The contributors emphasize the ways in which labor law and policy can be part of the great conversation about how to restore prosperity, encourage business, and create good jobs. Dedicated to ensuring a realistic and fair national labor policy for the future, this important publication offers definitive current scholarship toward that goal. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.