American newspapers are currently full of reporting about the so-called “jobless recovery” of the... more American newspapers are currently full of reporting about the so-called “jobless recovery” of the U.S. economy. Although the economy is expanding at a fairly brisk pace, employment in the formal economy shows little sign of improvement. One explanation increasingly being offered by economists is that more and more people are earning a living, and performing work, as “independent contractors”, or “consultants”, that is, outside the scope of a formal employment relationship. This is not a claim that there has been a large increase in work performed in the informal economy, although there may also have been an increase in people “working off the books”, particularly among undocumented workers. Rather, what these economists suggest is that a growing percentage of work is being performed by larger businesses subcontracting the performance of specific functions to individuals who are in business for themselves. The income these self-employed independent contractors earn is reported for ta...
Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, ... more Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, Hempstead, New York. Transcribed by Haley Trust, Journal of International Business and Law. The TPP is an international trade agreement between twelve Pacific Rim nations including the United States. The other nations that'll join the TPP are Japan, Malaysia, Vietnam, Singapore, Brunei, Australia, New Zealand, Canada, Mexico, Chile, and Peru. Combined, the economies of these countries in the TPP have a combined population of eight hundred million people and comprise of about forty percent of the world's economy. Negotiations for the TPP have been going on in bits and parts, largely over the last seven years and have been a priority of the Obama administration for most of its two terms. Negotiations went on culminating in a final agreement signed on February fourth of this 2016. This panel discusses the pros and cons of the Trans-Pacific Partnership as well as many other such trad...
This paper will focus on the right to strike under the collective labor relations laws of the Uni... more This paper will focus on the right to strike under the collective labor relations laws of the United States. It will particularly address strikes in the types of services regarded as public or “essential” services in many other countries, although not necessarily in the U.S. While I will discuss public sector law, the main focus will be on the two major federal laws governing collective labor relations in the private sector: the National Labor Relations Act (or NLRA) and the Railway Labor Act (or RLA). The industrial relations models of the Railway Labor Act and of the National Labor Relations Act are in general similar. However, there are some important differences, particularly in the area of collectively bargaining to impasse and the right to strike. Both of these laws guarantee employees the right to strike, but under different conditions. In addition, this paper will discuss the Norris-LaGuardia Act, which limits the ability of federal judiciary to issue court orders enjoining ...
Comprehensive in scope, International Labor Law examines labor rights and labor standards in mult... more Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade """"template"""" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.
As the western European nations transform themselves into a single market and then a European Uni... more As the western European nations transform themselves into a single market and then a European Union, a comparative examination of European Community and American labor law developments is both valuable and timely. The European Economic Community is in the midst of a major reorganization and expansion of its spheres of competency and its institutional arrangements, including highly significant changes regarding labor-management relations. American labor relations law, too, may be on the verge of important change, although the dimensions and scope of the change are, at this point, difficult to discern. The European Community, scheduled to complete its development from a customs union into a single market by the end of 1992, has now undertaken as well to become a political and economic union. European Union means movement to a single European currency, European citizenship, increased coordination of common defense and foreign policies, and bolstering the democratic accountability of th...
The American collective bargaining system is in serious trouble, as is the employee benefits syst... more The American collective bargaining system is in serious trouble, as is the employee benefits system providing pensions and health care benefits for millions of non-union as well as unionized workers and retirees. The portion of the labor force covered by collective bargaining has dropped so low that one can barely refer to it as a system. Simultaneously, the American private employer-based pension system is moving towards a crisis. Large employers with the finest pension plans, covering thousands of workers and retirees, in industry after industry, are terminating their pension plans, or replacing them with cheaper, weaker retirement programs, often while reorganizing under the American bankruptcy system. Pension benefits upon which retirees and their families have relied are suddenly, often dramatically, cut, as the expense and liability are transferred to the federal government pension benefit guaranty program, a back-up scheme which only covers specified portions of the original ...
American newspapers are currently full of reporting about the so-called “jobless recovery” of the... more American newspapers are currently full of reporting about the so-called “jobless recovery” of the U.S. economy. Although the economy is expanding at a fairly brisk pace, employment in the formal economy shows little sign of improvement. One explanation increasingly being offered by economists is that more and more people are earning a living, and performing work, as “independent contractors”, or “consultants”, that is, outside the scope of a formal employment relationship. This is not a claim that there has been a large increase in work performed in the informal economy, although there may also have been an increase in people “working off the books”, particularly among undocumented workers. Rather, what these economists suggest is that a growing percentage of work is being performed by larger businesses subcontracting the performance of specific functions to individuals who are in business for themselves. The income these self-employed independent contractors earn is reported for ta...
Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, ... more Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, Hempstead, New York. Transcribed by Haley Trust, Journal of International Business and Law. The TPP is an international trade agreement between twelve Pacific Rim nations including the United States. The other nations that'll join the TPP are Japan, Malaysia, Vietnam, Singapore, Brunei, Australia, New Zealand, Canada, Mexico, Chile, and Peru. Combined, the economies of these countries in the TPP have a combined population of eight hundred million people and comprise of about forty percent of the world's economy. Negotiations for the TPP have been going on in bits and parts, largely over the last seven years and have been a priority of the Obama administration for most of its two terms. Negotiations went on culminating in a final agreement signed on February fourth of this 2016. This panel discusses the pros and cons of the Trans-Pacific Partnership as well as many other such trad...
This paper will focus on the right to strike under the collective labor relations laws of the Uni... more This paper will focus on the right to strike under the collective labor relations laws of the United States. It will particularly address strikes in the types of services regarded as public or “essential” services in many other countries, although not necessarily in the U.S. While I will discuss public sector law, the main focus will be on the two major federal laws governing collective labor relations in the private sector: the National Labor Relations Act (or NLRA) and the Railway Labor Act (or RLA). The industrial relations models of the Railway Labor Act and of the National Labor Relations Act are in general similar. However, there are some important differences, particularly in the area of collectively bargaining to impasse and the right to strike. Both of these laws guarantee employees the right to strike, but under different conditions. In addition, this paper will discuss the Norris-LaGuardia Act, which limits the ability of federal judiciary to issue court orders enjoining ...
Comprehensive in scope, International Labor Law examines labor rights and labor standards in mult... more Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade """"template"""" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.
As the western European nations transform themselves into a single market and then a European Uni... more As the western European nations transform themselves into a single market and then a European Union, a comparative examination of European Community and American labor law developments is both valuable and timely. The European Economic Community is in the midst of a major reorganization and expansion of its spheres of competency and its institutional arrangements, including highly significant changes regarding labor-management relations. American labor relations law, too, may be on the verge of important change, although the dimensions and scope of the change are, at this point, difficult to discern. The European Community, scheduled to complete its development from a customs union into a single market by the end of 1992, has now undertaken as well to become a political and economic union. European Union means movement to a single European currency, European citizenship, increased coordination of common defense and foreign policies, and bolstering the democratic accountability of th...
The American collective bargaining system is in serious trouble, as is the employee benefits syst... more The American collective bargaining system is in serious trouble, as is the employee benefits system providing pensions and health care benefits for millions of non-union as well as unionized workers and retirees. The portion of the labor force covered by collective bargaining has dropped so low that one can barely refer to it as a system. Simultaneously, the American private employer-based pension system is moving towards a crisis. Large employers with the finest pension plans, covering thousands of workers and retirees, in industry after industry, are terminating their pension plans, or replacing them with cheaper, weaker retirement programs, often while reorganizing under the American bankruptcy system. Pension benefits upon which retirees and their families have relied are suddenly, often dramatically, cut, as the expense and liability are transferred to the federal government pension benefit guaranty program, a back-up scheme which only covers specified portions of the original ...
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