Union Activities Research Articles

Development of Physical Qualities Through Kyrgyz National Games in Primary School

This article is devoted to the development of physical qualities in primary school students through the Kyrgyz national games. Examples of games from historical works are given, where you can see games of a different nature — games on horseback that require great strength, agility, speed, coordination, flexibility, educating courage, friendship, unity of action, mutual assistance and understanding and many other qualities. In addition, this article gives as an example other type of games that educate and develop all those qualities necessary in later life that are of an applied nature. The games are indicated in their original name and with a translation into Russian, preserving the meaning of the game. In addition, explanations are given for these games that develop various qualities, including physical ones. A variety of national outdoor games are offered for younger students included in the curriculum and the use of three-level activity of movements in physical education lessons is considered, which include running, jumping games, games with throwing, hitting, throwing and knocking down objects, winter types of games, competitive martial arts games, etc. The article gives exemplary games that develop speed, agility, endurance, strength and flexibility. They are subsequently used in the following classes and acquire a different look as a former sports type such as “Toguz Korgool”, “Ordo” and the national wrestling “Kurosh” in the future, these outdoor games in students form all the necessary qualities, including physical, and also have an educational role.

New Concept of Employment: Development of Labor Relations in the Digital Age

The role and underlying functionality of labor law are radically changing in the current geopolitical and economic context. Though it gives rise of relations that follow specific rules non-standard forms of employment like outstaffing, gig employment, self-employment, spot employment etc., they may escape any regulation. At the same time, the role of integrative associations at work, transnational corporations is changing. The digitization in labor law is reaching a principally new level. While new methods of business cooperation and social communications will trigger the emergence of new effective forms of employment, the applicable labor law does not adequately follow realities of the day nor takes into account new and various forms of engaging people in specific activities including work. In December of 2022 a meeting on the draft “On Employment” was held at the State Duma. The draft had chapters addressing relations involved in platform work, non-standard forms of employment, etc. However, the draft raised a discussion and was revised, with outstaffing to be regulated under new principles. However, while the draft is not made effective, it can be amended and specified to make the proposed subject even more relevant. Therefore a need to conceptualize new forms of employment and to further improve the relevant legislation is a major area of action today. Moreover, automation at work, while bringing positive developments such as the use of robots able of better performing identical and repetitive tasks, is also fraught with various risks. At that, the increasing use of artificial intelligence is another threat to employment of the population. It is only logical that digitization at work entails non-standard forms of using classical institutions, opening up new possibilities to use social partnership, particularly, in the activities of sectoral unions for regulation of collective labor relations as discussed below in the paper. Author looks at issue of remote work and the nature of approaches to regulation of the underlying relations from a perspective of qualitative changes to regulation of electronic communication between workers and employers as part of remote legal relationships. It is proposed to revise relevant areas of research of mentioned and other relations to address contemporary challenges emerging in the field of labor law in the digital age.

International Legal Mechanisms for the Protection and Promotion of Women’s Rights in Latin America and the Caribbean

At both universal and regional levels, women are identified as a vulnerable category of individuals, as they are at the increased risk of becoming victims of human rights violations. Historical experience points to practices and traditions that have purposely limited women’s rights, resulting in entrenched stereotypes against women. The most acute form of violation of women’s rights is gender-based violence. In 2021, at least 4,473 women in Latin America and the Caribbean were victims of feminicide, 1 an extreme and deadly form of gender-based violence. The purpose of this article is to analyze the Inter-American international legal mechanisms for the protection and promotion of women’s rights. Both universal international legal instruments and regional Inter-American agreements provide mechanisms that enable individuals, whose rights were violated as a result of discrimination or violence, to submit individual communications. In addition, both universal mechanisms and regional Inter-American mechanisms promote the gender agenda in Latin America and the Caribbean, as well as the implementation of international law in national legislation. The in-depth analysis of Inter-American mechanisms for the protection and promotion of women’s rights reveals both the system’s unique features and its shortcomings. In particular, the two-level system of individual communications submission means that not all cases, which deal with the protection of women’s rights against violence, reach the Inter- American Court of Human Rights. Moreover, the insignificant number of cases of women’s rights violations heard before the Court points to the weak law enforcement practice within the existing Inter-American mechanisms. In addition to the Inter-American regulation within the framework of the OAS, this article examines the activities of integration sub-regional unions, such as Mercosur and the Andean Community. In particular, these integration unions, as well as ECLAC — the Economic Commission for Latin America and the Caribbean, contribute to gender equality and the empowerment of women within the region.

비종사조합원의 사업장 출입의 법적 쟁점 — 대법원 2020. 7. 9. 선고 2015도6173 판결(대상판결①), 대법원 2020. 7. 29. 선고 2017도2478 판결(대상판결②) —

In Korea, where enterprise-specific trade unions have been prevalent, the matter of whether non-employed members of a trade union have the right to access the workplace where the union is established has not been a prominent issue. Nonetheless, within an industry-specific trade union, workers across various workplaces collaborate on union activities. Therefore, members who do not belong to a particular company must enter the premises of a company to which they are not affiliated to participate in the industrial union’s activities at its workplace. Moreover, both enterprise-specific and industrial unions must provide their members with essential information, necessitating the access of union officials to the workplace. This prerequisite must be fulfilled for the exercise of such rights.BR Of course, this right of access needs to be limited to some extent in order to harmonize with employers

BALTIC BLACK SEA UNION MODELING: FACTORS AND PERSPECTIVES

An important feature of the current stage of world development is the increase in turbulence and tension, the increase in threats and the actualization of security issues. The creation of military-political and economic associations of countries makes it possible to unite efforts in solving security problems and ensuring their development. One of such promising associations can be cooperation between the countries of the Baltic-Black Sea region. The purpose of the article is to assess the prerequisites and possibilities for creating the Baltic-Black Sea union, modeling its various combinations. The subject of the research is the model of the economic and military union of the countries of the Baltic-Black Sea region. The implementation of the analytic hierarchy process (AHP) method made it possible, using mathematical tools, to assess the conditions and probability of creating a BBS union, based on a multi-criteria analysis of the military, political or economic potential of states, and also to model options for its composition. Results. The idea of creating a BBS has a long history, which is due to a whole range of historical, geographical, political and military prerequisites. Ensuring the security of the BBS countries includes not only a military aspect, but also involves the development of economic cooperation and development. The composition of the BBS can vary considerably: from a basic number of core countries to a broad open participation of the countries of the Baltic, Black and Adriatic Sea regions and all neighboring countries. The Baltic-Black Sea cooperation can become a very powerful economic entity. Focusing on multilateral cooperation of partner countries in various fields will unite both resource-rich countries and fairly developed countries that have formed their specialization in the new conditions of the digital economy. Practical implications. Of particular importance is the creation of unified transport corridors between the northern and southern seas of the European continent. BBS can become part of a multi-stage and multi-level security system in Europe and in the world as a whole. The value/originality of this publication is due to the high relevance of the issue in the context of open military aggression and the need to find new mechanisms for ensuring collective security in Europe.

Қазақстан Жазушылар мен журналистер одағының мәдениет жүйесіндегі қызметі (1946-1970 жж.)

The activity of Creative unions in Kazakhstan is closely connected with the history of the formation and development of Soviet civilization. The article deals with the activities of Union writers and journalists in the Soviet system of culture. Despite their activities within the fraework of Soviet ideological requirements, the contribution of Kazakh writers and journalists to the development of national culture is huge. It is noted that in the 70-80 years of the last century there were positive trends and changes, the main attention was paid to the quality of literary works of professional and creative culture of writers. The peculiarites of the formation of the phenomenon of Kazakhstan's “sixties”, the creativity of its outstanding representatives are analyzed. The organizational and creative work of the Union journalists on improving their professional, political and cultural level in the 1957-1970s, during which they improved their skills and promoted the best literary works were evaluated.

Gloss to the Decision of the European Court of Human Rights of May 15, 2018, Case Number 2451/16 , Association of Academics v. Iceland, Hudoc.int

In the judgment of the ECtHR in the case of Association of Academics v. Iceland, the Court commented on two important issues concerning the broadly understood procedure for resolving collective disputes. Firstly, the Court pointed out that “found that the taking of industrial action should be accorded the status of an essential element of the Article 11 guarantee but it is clear that strike action is protected by Article 11 as it is considered to be a part of trade union activity”. Secondly, it considered that the institution of mandatory arbitration could be a substitute for the right to strike, which was prohibited due to the need to protect the health of Icelandic citizens. In the context of the issues outlined in this way, the aim of the gloss is to verify the two theses mentioned above. First, the thesis was analyzed according to which the right to strike is not an essential element of freedom of association. For this reason, the jurisprudence of the Tribunal has been discussed against the background of ILO standards, taking into account the doctrine’s views on the status of the right to strike in the system of human rights protection and its relationship with other irenic methods of dispute resolution. Secondly, the thesis of the ECtHR was verified, according to which the mandatory arbitration established by the Icelandic legislator in the circumstances presented in the facts of the case does not constitute a violation of the right to strike. As part of the second thesis, the concept of mandatory arbitration and its status in the jurisprudence of the Court, as well as ILO bodies and labor law doctrine were analyzed. Finally, the relationship between the right to strike and social arbitration was examined.

The union participation construct: A mixed-methods assessment

Using interview and survey data, in this article the authors compare discrepancies between emic (how union members classify their union participation) and etic (how researchers classify union participation) conceptualizations of union participation. Interview data were used to create activity-level profiles that link how study participants labelled their level of union participation to the union activities they participated in. Survey data were used to determine the relationship between type of participation (i.e. active, passive) and generational cohort to how members view their level of union participation. Qualitative and quantitative findings are compared and implications drawn concerning how researchers/practitioners should conceptualize the union participation construct offered.

Opportunism for Survival: Steamship Teaboys and China's Wartime Shipping Industry, 1937–1941

AbstractThis article examines the correlation between union activism, crime, and violence in the shipping industry in wartime China. Drawing on diplomatic and police records, shipping manifests, periodicals, and newspapers, the article deals with self-employed unskilled steamship attendants called “teaboys.” With insight into Chinese civilians’ underground struggle, the article contends that, steamship teaboys sustained their livelihoods during World War II by operating as everyday low-level spies for rival regimes. As workers, steamship teaboys pragmatically, without evidence of politico-ideological considerations, accommodated the needs of different belligerents in exchange for their own survival. Moreover, this article argues that the drastic socio-political upheaval in wartime China made these marginally employed shipboard attendants increasingly inclined towards a utilitarian patron-client relationship, originally forged in the mid-1920s when unionization began, and continued at the expense of their native-place ties and fictive family bonds. Impacted by the patron-client relationship in a climate where workers’ interests were protected by the armed forces of various regimes, the teaboys viewed unions as competitive sellers of muscle power in a market for crime and violence in industrial unrest.

Women in the New Labor Activism: Gender Trends in Attitudes Toward Unions

The gender gap in union membership rates has narrowed considerably in the last decades. How is this change related to women's attitudes toward unions? What is the profile of women who support union activism? Are there reasons to believe that women's support will continue to increase over time? Using data from the General Social Survey, I examine women's attitudes toward trade unions between 2002 and 2021. Data shows that support for unions is higher among non-white, less-educated, and younger women, as well as among women employed in female-dominated occupations. I conclude by discussing the implications of the findings for current and future labor activism.

NEUTRAL RIGHTS AND COLLECTIVE COUNTERMEASURES FOR ERGA OMNES VIOLATIONS

AbstractThe Western response to the Russian invasion of Ukraine has featured remarkable solidarity over diplomatic and sanctioning initiatives. This unity of action, however, has largely not extended to developing or non-Western States. Many such States have, instead, expressed their non-alignment in respect of Western ‘economic warfare’, albeit not infrequently while also condemning Russia's military actions. This article proposes an approach to reconciling the positions of States in different economic, geopolitical and regional/cultural alignments. First, it suggests that current norms on State responsibility do not rule out using collective countermeasures against States accused of erga omnes norm violations, including via sanctions not authorised by the United Nations but rather imposed by coalitions. At the same time, however, it is argued that individual third-party States retain extensive rights to decide whether or not to participate in such initiatives. This autonomous agency can be derived, in part, through the continued applicability of traditional neutrality principles that require all sides to a conflict to respect the status of neutral States. As collective countermeasure initiatives come to be used more frequently in response to global conflicts, the ‘forgotten’ rules of neutrality provide a useful guide for balancing inter-State legal relations.

Walter Citrine: Forgotten Statesman, By Jim Moher

Walter Citrine’s (1887–1983) career at the centre of the labour movement involved some crucial events such as the establishment of minority Labour governments, the General Strike, the development of the Labour Alliance, the purge of the Communist left in the trade unions and labour participation in the wartime coalition government. Jim Moher, in his recent biography of Citrine, attempts to reveal what other historians of the period have overlooked. Walter McClennan Citrine was born in Liverpool in 1887 the son of a seaman and a Scottish hospital nurse. His father was evidently a heavy drinker and the Presbyterian Protestantism of his mother was an early influence on him. Citrine, as was the norm at the time, left school at the age of twelve but with an ambitious desire for self-improvement. Moher devotes a section of the text to Citrine and shorthand (pp. 43–4) as it gave him the edge over other trade union activists. Many will recall that Citrine’s most influential publication was his ABC of Chairmanship (1920 and 1939). In 1906 he had joined the ILP which Moher describes as a ‘ginger group’ outside of the Labour party. There is little discussion of the political context in which Citrine grew up, for example, the term ‘syndicalist/syndicalism’ is introduced frequently in the text without the concept ever being explored. Differences are too often explained in terms of personality rather than politics.

The ratio of wages of workers and employees in the censorship industry of the Siberian Region in the second half of the 1920s.

The article examines the issues of remuneration of employees of the enterprises of the censorship industry of Siberia during the years of the NEP and the ratio of salaries of different categories of employees to workers' salaries, which allows us to identify the degree of income inequality between them, as well as to answer the question of how great was the differentiation of their financial situation, and not only in general, but also by individual industries. No less important is the question of trends in the dynamics of indicators of this differentiation in the very short period of the NEP, when approaches to state regulation of this important social process were formed. It is shown that, in general, during the period under review, the ratio of salaries of workers and employees at the enterprises of the censorship industry of the Siberian Territory was stable and at the same time differed greatly depending on the industry and the position of the employee. It is concluded that these differences were smaller than at the very beginning of the XX century. Despite the general equalizing trend in wage policy and the corresponding activity of trade unions, the economic need for the material interest of employees forced to maintain a certain level of wage inequality, and in some employees even slightly increase it.

What makes an international institution work for labor activists? Shaping international law through strategic litigation

AbstractStudies on international legal mobilization often analyze the mobilization efforts of activists at a single international court. Yet we know little about how activists choose among multiple international institutions to advance social justice claims. Drawing on comparative case studies of Turkish and British trade union activists' legal mobilization efforts and case law analysis, I show that activists, guided by their lawyers, probe multiple avenues to identify the legal institution with the highest judicial authority and is most responsive to activists' claims. Once they identify their target institution, the iterative process between a responsive court and activists' strategic litigation can build a court's jurisprudence in a new issue area, even if the court provides limited de jure rights protections. Activists primarily use international litigation strategy to leverage structural reforms at the domestic level and to set new international norms through precedents.

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

Solidarity against the odds: trade union activism in a hostile environment

A discussion on the challenges facing trade union activists in the light of the government's determination to create a hostile environment for trade unionists as well as people of colour - including the ways in which intersectionalities of race and class play out in the workplace and the labour movement. Topics discussed include: how and why people get involved in unions - and how to maintain their interest in the face of sometimes outdated practices; organising with the United Voices of the World (UVW) and larger trade unions; the relationship between students and university staff/academics in the University and College Lecturers (UCU) strike; migrant justice; cross-sector organising; activism versus bureaucracy; the effects of restrictive legislation on trade union activities, especially for workplaces where the union is not recognised or has limited resources; organising with the most precarious workers; the current increase in activism. There is also discussion of anti-migrant rhetoric within the Labour Party and trade union movement, but also recognition of the many examples of solidarity, including trade union solidarity with the Muhammad Idrish campaign.

Activity of creative unions as impulse of the systemic development of the culture of Pridnestrov'e

The activities of the creative unions of Pridnestrovie are viewed through the prism of historical and political events: from the Soviet era to the present day. It is noted that professional associations that emerged in the 1990s, in addition to influencing the cultural policy of the state, perform ideological functions, protect the interests of their members, and are expert communities. Of more than a dozen creative unions (out of 600 public associations registered in Pridnestrovie), the most active at present are the Union of Designers, the Union of Writers, the Union of Artists. The author analyzes: the semantic content of the activity and the degree of influence on the cultural policy of Pridnestrovie; legislative framework (to what extent it allows creative unions to function as expert communities); the activities of state and public structures empowered to form trends in the cultural development of the republic. The main conclusions made by the author should be considered that the productivity of creative unions depends on the leadership qualities of the leaders of professional associations themselves, their vision of development trends and influence on the cultural field of the republic, the authority of recognized luminaries in the field of culture and art, their opinion on key positions. For a more active work of creative unions, it is proposed to intensify the dialogue with state authorities, and revise the previously “frozen” laws on preferential taxation, activate the grant system of financing, and through social and creative orders, the acquisition of works of fiction and art, by providing the appropriate infrastructure, to support these public professional associations.

Trade Union Activities, Industrial Action and the Human Rights Act

As the law now stands, employees who are dismissed for taking part in a lawful strike may have a remedy for unfair dismissal. Those who are the victim of retribution short of dismissal enjoy no such express protection. This gap in the legislation was confronted in Mercer v Alternative Future Group Ltd,1 where the applicant complained that she had been subjected to a detriment by the company following her suspension ‘because of allegations that she had abandoned her shift on two separate occasions without permission, and that she had spoken to the press about … strike action without prior authorisation in a way which conveyed confidential information and was considered likely to bring the organisation into disrepute’.2 Although she received normal pay during her suspension, the applicant claimed that she was ‘unable to work or receive pay for the overtime which she would normally have worked’.3 The question for the employment tribunal boiled down to a preliminary one, namely ‘whether, in the light of Articles 10 and 11 of the European Convention on Human Rights, the activities protected by [TULRCA 1992, section 146] extend to participation in lawful industrial action as a member of an independent trade union’.4 The claimant argued that the decision had been taken for the sole or main purpose of preventing or deterring her from taking part in the activities of an independent trade union at ‘an appropriate time’ or penalising her for having done so. For this purpose, the ‘activities’ in question ‘encompassed both the planning and organisation of the industrial action and her own participation in it’.5 Fully aware of the great significance of the case, the employment tribunal judge answered the preliminary question by holding that TULRCA 1992, s 146 did not include participation in a lawful strike, and that it was not possible to interpret it otherwise having regard to the HRA, s 3.6

Employers’ provision of access to information necessary to conduct trade union activities

Employers’ provision of access to information necessary to conduct trade union activities

Military artificial intelligence as power: consideration for European Union actorness

Military artificial intelligence as power: consideration for European Union actorness