Labour Relations Legislation Research Articles

Lessons from the New Deal: Did the New Deal Prolong Or Worsen the Great Depression?

Since the current recession began in December 2007, New Deal legislation and its effectiveness have been at the center of a lively debate in Washington. This paper emphasizes some key facts about two kinds of policy that were important during the Great Depression and have since become the focus of criticism by new New Deal critics: (1) regulatory and labor relations legislation, and (2) government spending and taxation. We argue that initiatives in these policy areas probably did not slow economic growth or worsen the unemployment problem from 1933 to 1939, as claimed by a number of economists in academic papers, in the popular press, and elsewhere. To substantiate our case, we cite some important economic benefits of New Deal–era laws in the two controversial policy areas noted above. In fact, we suggest that the New Deal provided effective medicine for the Depression, though fiscal policy was not sufficiently countercyclical to conquer mass unemployment and prevent the recession of 1937–38; 1933’s National Industrial Recovery Act was badly flawed and poorly administered, and the help provided by the National Labor Relations Act of 1935 came too late to have a big effect on the recovery.

Child Labour and Employment Relations Legislation in India

AbstractThe global trend towards the removal of child labour began in the nineteenth century and continues into the twenty-first century, yet estimates of children working in India range up to 100 million. Though the Indian government prohibits employment of children in factories, there is no law to prohibit employment of children in family households, cottage industries and family owned agricultural fields or family businesses, and large numbers of children miss school to look after cattle, collect firewood or work infields, restaurants or quarries. The framers of the Constitution of India were aware of their responsibility towards children and a number of provisions were made to protect children. This article focuses on legislation since 1938, prohibiting the labour of children aged below fifteen years. Defects in the legislation and weak enforcement machinery have meant that children working in family-owned industries and agricultural fields continue to escape attention. The small earning of a child have been seen as a means of survival for a large number of families in India. The article is primarily a historical piece, tracing this regulatory failure through five decades of independence and freedom in which lives of children, born free but bonded for life in the largest democracy in the world. This paper will provide the basis for assessing the degree of change for children, as India becomes one of the world's fastest growing economies.

The U.S./Canada Convergence Thesis: Contrary Evidence from Nova Scotia

The impact of P.C. 1003 on labour relations legislation in the various Canadian provinces can be both overestimated and underestimated. Many other elements and factors came together to produce a Canadian System of industrial relations in 1944. P.C. 1003 was both a result and a beginning. The American Wagner Act of 1935 and the pressure exerted in Canada by union leaders to obtain similar legislation in this country were two major factors. Some provincial legislations had established Systems of conciliation, through the federal and/or provincial Departments of Labour. A few previous laws prepared the way for P.C. 1003. The Quebec Trade Disputes Act of 1901 introduced mediation, conciliation and arbitration. Although the services were offered on a voluntary basis to interested parties, a certain number did use them, and that very fact contributed to the view that state intervention was normal. The federal legislation adopted in the first decade of the century had a similar impact, at least until its constitutionality was successfully attacked in 1925. After the Snider case, all Canadian provinces but one moved to "provincialize" the effect of the Industrial Disputes Investigation Act by adopting similar legislation. The 1937 Industrial Conciliation and Arbitration Act of British Columbia provoked much interest; and the 1943 Ontario Collective Bargaining Act was an important experimental prelude to P.C. 1003. The provisions of these acts were in most cases voluntary, but their application, whether mandatory or voluntary, helped to foster the belief that government intervention in labour disputes was normal, if not desirable. The first federal-provincial conference held on the subject in 1943 also helped to pave the way to the acceptance of the main elements of P.C. 1003. Because of the war situation and the urgency of keeping conflicts from becoming too disruptive, steps that could not have been taken in other circumstances became acceptable at that time. Thus the administrative machinery for certification and conciliation services was put in place. The "cost-plus" system of granting government contracts played a major role. Because P.C. 1003 was mandatory for all war industries, it applied to most of the unionized industries. The rest of the economy was covered by provincial laws, many of them simply extending P.C. 1003 provisions to labour disputes in provincial jurisdiction. These provisions were continued after the war under the National Emergency Transitional Powers Act. By 1948, all of the provinces had adopted a Labour Relations Act, under that name or another, containing the major features of P.C. 1003 and of the 1948 federal Industrial Relations and Disputes Investigation Act. In a sense, P.C. 1003 owed a lot to previous provincial laws, but subsequent legislation also owes a lot to P.C. 1003, especially with regard to the technical aspects of certification and the creation of labour boards.

Effective schools operating with amazing (dis)grace of human resources strategy, policy and practice: A South African case

The public profiling of schools as ‘effective schools’,1 based on Grade 12 results, has resulted in a jingoistic race by many public schools to get their names on the ‘public notice board’ of effectiveness recognition. Besides creating a skewed perception of school effectiveness, this public profiling of schools as effective organizations, conceptualised within an inadequate criterion (Grade 12 results), has not only stirred public controversy (when the national Minister of Education threatened to close down the least effective school), but has also been widely identified as a problem by researchers. The research conducted by Jansen (1998) discovered that besides contravening social justice legislation by beating facts into learners’ minds (corporal punishment), most of these schools publicly branded as the most effective also subscribe to rigid authoritarian management and leadership practices, sometimes ignorant of legislation and policy imperatives. This paper presents a critical analysis of unplanned human resources (HR) practices and management styles observed in two of these ‘effective schools’ where school principals and five educators per school were interviewed. The two schools studied are public high schools based in Durban at the Umlazi District. These schools offer education from grade 8 to grade 12 to the predominantly disadvantaged working class communities. The research findings reveal that the management of these schools is based largely on rigid practices that are devoid of strategic planning and consented investment, with respect to human capital development as aligned with human resources strategy and the broader Skills Development Act 97 of 1998 and other related labour legislation. The Skills Development Act of 1998–is the South African labour relations legislation that specifically claims space for skills‐based training programmes in the education, training and development landscape. Under this Act, organisations are compelled to provide continuous training and Re‐skilling of employees. These findings also reveal that critical policy and legislation on labour relations (Skills Development Act no. 97 of 1998 and Employment Equity Act) are not only contravened, but there are no state‐led systems and processes in place to rectify the situation, cascade policy to staffroom level and reinforce school compliance with government policy and legislation. Educators are not treated as knowledge workers, but as mere civil servants, with limited professional development rights. This paper also draws parallels between these schools and best practices in human resources strategy in the corporate domain. The conclusions of the study clearly reveal that: 1. Educators in public schools work and live under total ignorance of human resources legislation 2. There is discontinuity in state policy reinforcement between public and private employers

Mr. Harris, Mr. Rae and Union Activity in Ontario

In 1990 Bob Rae's New Democratic (NDP) government was elected in Ontario and in 1993 they passed labour relations legislation favouring organized labour. In 1995 Mike Harris' Progressive Conservative (PC) government was elected and they quickly passed legislation much less favourable toward unions. Monthly data, 1987-98, are used to estimate the effects of the changes in government and legislation on certification and decertification activity and complaints of unfair labour practices. Certification activity increased and decertification activity decreased after the NDP legislation was passed. The opposite occurred with the election of Harris' Conservatives and the change of government had a significant impact, even before new legislation was passed. Complaints of unfair labour practice rose during the NDP tenure but returned close to historical levels under the PCs.

Virginia's New Ban on Public Employee Bargaining: A Case Study of Unions, Business, and Political Competition

This article explores the reasons why the Virginia General Assembly passed a law prohibiting public employee bargaining some 16 years after the Virginia Supreme Court had clearly ruled that such bargaining was impermissible absent express statutory authority. The impetus for this legislation apparently was a series of actions by Governor L. Douglas Wilder's administration involving payroll deductions for state employees. The Virginia case is compared and contrasted to the findings of recent aggregate quantitative studies of the determinants of public sector labor relations legislation, illustrating the relative influence of organized business interests over those of labor.

From Rigid to Flexible Employment Practices in UK Commercial Television: a Case of Government Led Reform

The article locates the forces precipitating the radical changes in employment practices in British Commercial Television since the mid 1980s and proceeds to discuss the various dintensions of these employment reforms jron1 a "flexible firm" perspective. It is argued that perceived pressure from government, rather than jron1 the product market, triggered the unilateral imposition by management of "flexible" employment practices. In addition, key industrial events in British comnzercial television, such as the dissolution of national multi-employer collective bargaining arrangenzents and the strike and lockout at TVam, combined with the numerous changes to national labour relations legislation, shifted the balance of industrial power to management. This allowed "flexible" practices to be introduced nzore rapidly and without disruptive opposition from the broadcasting unions. Whilst the new "flexible" employment arrangetnents have reduced labour costs dramatically in the short term, some of the practices are inconsistent, resulting in employee morale and product quality problems. With governments in New Zealand and Australia pursuing a variety of policies to inject greater "flexibility" and less regulation into product markets, labour I markets and work places, they should pay close attention to the lessons that can be learnt from the British commercial television experience. The impact upon productivity, work practices, and employment levels of politically instigated employmnent change is of importance to an industry; facing such circumstances. It is also contributes to the wider debate on the origins and nature of employment flexibility and changes in industrial relations.

New agricultural labour relations legislation

New agricultural labour relations legislation

The Case Against Specialist Jurisdiction for Labour Law: The Philosophical Assumptions of a Common Law for Labour Relations

The aim of this paper is to outline the philosophical assumptions that form the basis of the present call for the abolition of specialist jurisdiction for labour law in New Zealand The discussion here focuses on Epstein's (1983a) "A common law for labour relations ..." because it is the key statement of the case against a specialist jurisdiction, and the conclusions he advances have played an important role in the debate about labour law in New Zealand While academic literature has been largely critical of the call for the abolition of the Employment Court, there have been very few attempts to come to terms with the types of arguments used by the "abolitionists". It is argued that an adequate critique needs to be built on an understanding of the philosophical assumptions that are driving the current changes in labour relations legislation.

Trends in Washington State's Apple Industry

Washington is the leading producer of apples in the United States. North-central and south-central Washington and the Columbia Basin are the major production regions within the state. The climate of these production regions is characterized by cold winters and hot, dry summers with high levels of light intensity. The principal varieties produced are still `Delicious', `Golden Delicious', and `Granny Smith'; however, `Fuji', `Gala', and `Braeburn' have been planted widely since 1988. Despite increasing levels of production and lower prices beginning in 1986, apple prices have recovered relatively well in recent years due to aggressive exports to southeast Asia and Mexico. Increased international competition has resulted in a trend towards higher-density orchards using dwarfing rootstock so that earlier production can be achieved. Evaluation of the performance of new varieties in Washington's climatic conditions has increased. Although not the focus of this article, several social and environmental issues are facing the Washington apple industry, including increasing restrictions on chemical usage, competition for a limited water resource, regulation of ground water quality, pending labor relations legislation, and increasing urbanization pressures.

The Effect of Labour Relations Legislation on Strike Incidence

The impact on strike incidence of nine labour relations policy variables representing legislation in eleven Canadian jurisdictions is estimated, using logit analysis of 3,347 individual collective agreements. Mandatory strike votes, compulsory dues check-off, and compulsory conciliation boards are associated with significantly lower strike probabilities. Prohibition of replacement workers and employer initiated strike votes are associated with significantly higher strike probabilities. No significant association was found between strike incidence and the length of cooling-off period following conciliation and negotiated or automatic reopeners. Policy impacts are interpreted in a framework emphasizing the influence of asymmetric inforrnation and joint costs on strikes.

On the development of labor relations legislation : comparative study of UK, US and Japan

On the development of labor relations legislation : comparative study of UK, US and Japan

Union Participation of Canadian and American Social Workers: Contrasts and Forecasts

Social workers are increasingly joining labor unions, and, today, in both Canada and the United States, their rate of union participation exceeds that of the general work force. However, despite many similarities between these neighboring countries, the level of union membership of American social workers is distinctly below that of their northern counterparts. Facilitators of and constraints on social work unionization are identified. Labor relations legislation and national ideology are found to be particularly influential. On the basis of this comparative and historical study, future trends in social work unionization are predicted.

Penal Clauses in Labour Relations Legislation: The Case of the British Industrial Relations Act, 1971-74

The British Industrial Relations Act of 1971 attempted to curb strike action and thus to reduce an accelerating rate of wage-inflation. Its penal clauses included provisions for the legal enforceability of collective agreements; allowed for compulsory strike ballots and cooling-off periods in "national emergency" disputes; and rendered unlawful a number of "unfair industrial practices". The failure of the Act stemmed from the unwillingness of employers to initiate litigation under it, and the inability of the courts to decide whether its penal clauses were to be invoked against trade unions or against shop stewards. The experiment proved completely unsuccessful, and the repeal of the Act in 1974 swept away nearly all its penal provisions.

Collective Bargaining for University Faculty: A Legal Perspective

Present signs indicate that university faculty are moving slowly, but inexorably, along the road to collective bargaining. Faculty in Quebec appear to be in the vanguard of this movement, but there are signs that faculty in other provinces are following in the same direction. To many, this may be an alarming development, giving rise to a number of fears, such as union organizers disrupting collegial relationships; a closed shop being imposed upon the university community; a highly formalized employment relationship replacing the traditional university-faculty relationship; union solidarity replacing academic excellence; the strike and picket line replacing rational discussion; and government and union interference in the administration of the universities. Such developments would indeed be undesirable, but I submit that they do not necessarily flow from collective bargaining and the present legal structure established to regulate it. To support this statement, it is necessary to describe the more significant features of the existing legal structure regulating collective bargaining. This structure is characterized by 1) positive legal support to encourage employees to organize into collectives with the purpose of providing a countervailing force to match the economic power of the employer; 2) strict limits on the use of economic sanctions by either employees or employers; and 3) a reluctance to interfere in those situations where employers and employees are able to establish a harmonious collective bargaining relationship. Since each of these features plays a key role in shaping our collective bargaining system, further explanation is needed. A primary purpose of existing collective bargaining legislation is to encourage the organization of employees into collectives for the purpose of bargaining with employers. One method of legal assistance is for labour relations legislation to prohibit certain types of employer conduct, including employer statements, that interfere with employee organizations. Perhaps of even greater assistance to trade unions is the status conferred by law where the union has organized a majority of employees in a particular constituency, called the bargaining unit. This status, acquired through a procedure called certification, gives the union exclusive authority to bargain for all employees in the bargaining unit, even though some of these employees may not be members of the union. The law supports this status by prohibiting the employer from bargaining with any other person or organization. The result is that the law gives a seat at the bargaining table to a union that becomes certified as bargaining agent, whether the employer likes it or not. Bargaining status, however, does not carry with it the right to strike at all times. In fact, existing legislation strictly curtails the right to resort to economic sanctions. Labour legisla-

National Labor Relations Legislation: Possible Impact on American Agriculture

American Journal of Agricultural EconomicsVolume 51, Issue 5 p. 1065-1074 Economics of Inputs National Labor Relations Legislation: Possible Impact on American Agriculture Joseph D. Coffey, Joseph D. Coffey associate professor of agricultural economics University of MinnesotaSearch for more papers by this author Joseph D. Coffey, Joseph D. Coffey associate professor of agricultural economics University of MinnesotaSearch for more papers by this author First published: 01 December 1969 https://doi.org/10.2307/1237962Citations: 1AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Citing Literature Volume51, Issue5December 1969Pages 1065-1074 RelatedInformation

The Dependent Contractor: A Study of the Legal Problems of Countervailing Power

UNEQUAL power between private persons, no less than between citizen and state, is an unhappy fact of modem society. In one areaemployment relations-public policy has clearly adopted collective bargaining as a technique for redressing this imbalance of power. In another areacommercial competition-collective action is generally suspect as the vehicle by which a powerful group may overwhelm weak individuals. This study concerns the paradoxical plight of groups of competitors who may find survival difficult without collective action. They are often economically vulnerable as individuals because of the dominance of a monopoly buyer or seller of their goods or services, or because of disorganized market conditions. If viewed as independent rather than they lack the legal status which is a prerequisite of the right to bargain collectively under labour relations legislation. As businessmen, they cannot legally employ collective tactics to buy or sell or otherwise stabilize conditions, because of the combines legislation. They are prisoners of the regime of competition. Because the choice of either legal designation-employee or independent contractor-in effect prejudges the issue of their right to bargain collectively, a new term is needed: They are economically, although legally contractors. The ambiguity, the paradox, of their position is thus reflected in the term used to identify them.' Self-employed truck drivers, peddlers, and taxicab operators, farmers, fishermen, and service station lessees personify the dependent contractor. The primary aim of this study is to trace the legal problems raised by the presence of the dependent contractor on the labour market and the product market under existing law. In many instances, dependent contractors have sought to employ countervailing power in the form of unions, marketing co-operatives, or other forms of associations for concerted economic action. In acting collectively, or indeed individually, on the labour market they have become involved inevitably not only with employers but with organized employees either as collaborators or as competitors for available work opportunities. Here, the legal issues involve the labour relations legislation as well as the combines legislation. On the product market, group action has *Associate Professor, Osgoode Hall Law School. I am obliged to Professors D. G. Kilgour and J. H. G. Crispo, respectively of the Faculty of Law and the School of Business, University of Toronto, for their incisive comments on an earlier draft of this study. 1I first encountered this useful term in Schmidt, The Law of Labour Relations in Sweden (1962), chap. in (by Axel Adlercreutz). The coining of the term by a Swedish scholar writing in English at once illustrates the Scandinavian genius in labour relations, and the perils of our institutional chauvinism.

The Problem of Jurisdiction of National and State Labor Relations Boards

This article will undertake to explore the problem of federal-state board relations in terms of its background and present status. The latter aspect is especially significant in a consideration of revised or new national labor relations legislation. (Author's abstract courtesy EBSCO.)

State Experiments in Labor Relations Legislation

State Experiments in Labor Relations Legislation

The Labor Relations Acts of the States

MUCH American social legislation has had its beginnings in the states, with the Federal Government finding models for its own expanding program in the successful experiments of such states as Massachusetts, New York, and Wisconsin. The history of labor relations legislation has run in the opposite direction. It was the Federal Government which moved first, in times of national crisis, to curtail strikes by protecting the right of employees to organize and bargain collectively through representatives of their own choosing. The pronouncements of the War Labor Board of 1918 and Section 7(a) of the National Industrial Recovery Act were the initial steps. The National Labor Relations Act, enacted in 1935, cemented this Federal policy into the law of the land. It created an administrative board, charged with the duty of preventing unfair labor practices by employers and providing election machinery to resolve controversies concerning the representation of employees.