Labor Law. The Determination of When a Strike Is Ended

1938 ◽  
Vol 38 (4) ◽  
pp. 676
Keyword(s):  
Labor Law

scholarly journals Structural Labor Rights

2021 ◽  
pp. 651
Author(s):  
Hiba Hafiz
Keyword(s):  
Bargaining Power ◽  
National Income ◽  
Labor Law ◽  
Structural Approach ◽  
Labor Rights ◽  
Antitrust Law ◽  
Collective Rights ◽  
Bargaining Position ◽  
Social Scientific

American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed to step in, leaving employers free to coordinate and consolidate labor-market power while constraining workers’ ability to do the same. The dissolution of workers’ collective rights has resulted in spiking income inequality: workers have suffered economy-wide wage stagnation and a declining share of the national income for decades. To resolve this crisis, some scholars have advocated for ambitious labor law reforms, like sector-wide bargaining, while others have turned to antitrust law to tackle employer power. While these proposals are vital, they overlook an existing opportunity already contained in the labor law that would avoid the political and doctrinal obstacles to such large-scale reforms. This Article argues for a “structural” approach to the labor law that revives and modernizes its equal bargaining power purpose through deploying innovative social scientific analysis. A “structural” approach is one that takes into account workers’ bargaining power relative to employers in determining the scope of substantive labor rights and in resolving disputes. Because employers’ current buyer power strengthens their ability to indefinitely hold out on worker demands in the employment bargain, the “structural” approach seeks to deploy social scientific tools to tailor the labor law’s provisions so that they resituate workers to a bargaining position from which they could equally hold out. This Article makes three key contributions. First, it documents the dispersion and misalignment of workers’ collective rights under current labor law, detailing the historical narrowing of workers’ collective rights to limited tactics by a small set of workers against highly protected individual enterprises and the concomitant rise of employer power (Part I). Second, it introduces and schematizes the wealth of social scientific literature relevant for evaluating the relative bargaining power of employers and employees (Part II). And finally, it offers concrete proposals for how to apply these social scientific tools and insights to three areas of the National Labor Relation Board’s adjudication and regulatory authority: the determination of “employer”/”employee” status, the determination of employees’ substantive rights under section 7 of the National Labor Relations Act (NLRA), and the determination of what counts as sanctionable unfair labor practices under section 8 of the NLRA (Part III).

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

(( Legal means to regulate the work of minors in accordance with international and domestic law ))

2021 ◽  
Vol 27 ◽  
pp. 178-194
Author(s):  
MAYSOON HADI ◽  
Keyword(s):  
Young People ◽  
Key Words ◽  
Labor Law ◽  
Legal Protection ◽  
International Community ◽  
Medical Examination ◽  
Legal Texts ◽  
Domestic Law ◽  
Take All

Abstract The phenomenon of minors' work has become widespread in the light of different societies, which called on states to organize them through international rules stipulated in the state's work conventions and charters so that those rules are a basis for protection for them, and the international community has obligated the countries joining these conventions to take all legal measures through Its internal legislation to protect minors, regulate their work, and prevent any exploitation, and the Iraqi legislator has organized that protection through the constitution and legal texts contained in the Iraqi Labor Law No. 37 of 2015 in force, which stipulates the determination of the minimum employment threshold for the worker, the medical examination and the prevention of night work for children as well For many other rights compatible with international means that organize the work of young people and provide them with the necessary protection. Key words: young labor, labor, legal protection, young people.

scholarly journals FEATURES OF CONDUCTING FORENSIC AND ECONOMIC EXAMINATIONS RELATED TO THE FINANCIAL POSSIBILITY OF ENTERPRISES AND ORGANIZATIONS TO REPAY SALARY

2021 ◽  
Author(s):  
M. Rudaia ◽  
M. Zholobetska
Keyword(s):  
Labor Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
The Subject ◽  
Wage Arrears ◽  
Expert Practice

The article is devoted to the generalization of approaches to conducting expert examinations and expert studies of late payment of wages. The main problems of non-payment of wages were discovered and identified and cases of illegal payment of wage arrears in violation of labor law norms were considered. The features of conducting forensic economic examinations related to the determination of the financial ability of enterprises to repay wage arrears have been studied. Based on the expert practice, the questions are summarized that are often posed to experts, pre-trial investigation bodies and the court during the investigation of criminal proceedings initiated under Article 175 of the Criminal Code of Ukraine, the subject of expert examinations of this category is formulated and the classification of objects and the purpose of expert research is given. A list of documents has been determined that must be provided to an expert for conducting a study in accordance with the applied methods and selected methods.

Galactic orbits of stars

1966 ◽  
Vol 25 ◽  
pp. 93-97
Author(s):  
Richard Woolley
Keyword(s):  
Globular Cluster ◽  
Potential Field ◽  
High Velocity ◽  
Velocity Vector ◽  
Variable Stars ◽  
The Sun ◽  
Proper Motions ◽  
Rr Lyrae ◽  
The Galaxy

It is now possible to determine proper motions of high-velocity objects in such a way as to obtain with some accuracy the velocity vector relevant to the Sun. If a potential field of the Galaxy is assumed, one can compute an actual orbit. A determination of the velocity of the globular clusterωCentauri has recently been completed at Greenwich, and it is found that the orbit is strongly retrograde in the Galaxy. Similar calculations may be made, though with less certainty, in the case of RR Lyrae variable stars.

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