Restoring the Promise of American Labor Law

Restoring the Promise of American Labor Law
Author: Sheldon Friedman
Publisher: Cornell University Press
Total Pages: 381
Release: 2018-08-06
Genre: Law
ISBN: 150172424X

The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o

Freedom

Freedom
Author: Ira Berlin
Publisher: Cambridge University Press
Total Pages: 968
Release: 2010-04-19
Genre: African Americans
ISBN: 9780521132138

Law and the Shaping of the American Labor Movement

Law and the Shaping of the American Labor Movement
Author: William E. Forbath
Publisher: Harvard University Press
Total Pages: 231
Release: 2009-07-01
Genre: Law
ISBN: 0674037081

Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.

The Invention of Free Labor

The Invention of Free Labor
Author: Robert J. Steinfeld
Publisher: UNC Press Books
Total Pages: 292
Release: 1991
Genre: Business & Economics
ISBN: 9780807854525

Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American colonies, making violation of labor agreements

The Supreme Court on Unions

The Supreme Court on Unions
Author: Julius G. Getman
Publisher: Cornell University Press
Total Pages: 240
Release: 2016-05-19
Genre: Law
ISBN: 150170365X

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.

Coercion, Contract, and Free Labor in the Nineteenth Century

Coercion, Contract, and Free Labor in the Nineteenth Century
Author: Robert J. Steinfeld
Publisher: Cambridge University Press
Total Pages: 348
Release: 2001-02-05
Genre: Business & Economics
ISBN: 9780521774000

This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.

Drowning in Laws

Drowning in Laws
Author: John D. French
Publisher: Univ of North Carolina Press
Total Pages: 254
Release: 2005-12-15
Genre: History
ISBN: 0807863556

Since 1943, the lives of Brazilian working people and their employers have been governed by the Consolidation of Labor Laws (CLT). Seen as the end of an exclusively repressive approach, the CLT was long hailed as one of the world's most advanced bodies of social legislation. In Drowning in Laws, John D. French examines the juridical origins of the CLT and the role it played in the cultural and political formation of the Brazilian working class. Focusing on the relatively open political era known as the Populist Republic of 1945 to 1964, French illustrates the glaring contrast between the generosity of the CLT's legal promises and the meager justice meted out in workplaces, government ministries, and labor courts. He argues that the law, from the outset, was more an ideal than a set of enforceable regulations--there was no intention on the part of leaders and bureaucrats to actually practice what was promised, yet workers seized on the CLT's utopian premises while attacking its systemic flaws. In the end, French says, the labor laws became "real" in the workplace only to the extent that workers struggled to turn the imaginary ideal into reality.

Rules Without Rights

Rules Without Rights
Author: Tim Bartley
Publisher: Oxford University Press
Total Pages: 366
Release: 2018
Genre: Business & Economics
ISBN: 0198794339

This book is about what it really means when companies claim to be promoting sustainability and fairness in their global operations.