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The Evolution Of American Labor Laws And Practices
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Book Synopsis The Evolution of American Labor Laws and Practices by : Caroline Mutuku
Download or read book The Evolution of American Labor Laws and Practices written by Caroline Mutuku and published by GRIN Verlag. This book was released on 2018-06-28 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Business economics - Law, grade: 1, , language: English, abstract: Senator Robert Wagner in support for the National Labor Relations Act argued that “democracy cannot function only in polling booth, but in extension to workplaces where men and women earn their daily bread”. Senator Robert’s statement summarizes the need for to labor laws and practices that do not only favor the employers but as well the employees. Americans workers understood this since the founding of the nation. They have been in constant fights to have their rights since then. This research paper traces the evolution of American laws and practices to the present.
Book Synopsis A Primer on American Labor Law by : William B. Gould IV
Download or read book A Primer on American Labor Law written by William B. Gould IV and published by Cambridge University Press. This book was released on 2013-06-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A Primer on American Labor Law is an accessible guide for non-specialists and labor lawyers - labor and management representatives, students and general practice lawyers, and trade unionists, government officials and academics from other countries. It covers topics such as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector and public-interest labor law. This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the public sector; bankruptcy in both the private and public sector; ADA litigation and 2008 amendments of that statute; new cases on all subjects, but particularly Bush and Obama NLRB decisions, sexual harassment, sexual orientation, and retaliation; and the globalization of labor disputes in labor-management relations in the United States, with particular reference to professional sports disputes and the extraterritoriality of American labor law generally.
Book Synopsis Law and the Shaping of the American Labor Movement by : William E. Forbath
Download or read book Law and the Shaping of the American Labor Movement written by William E. Forbath and published by Harvard University Press. This book was released on 2009-07-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Labor Law in America by : Christopher L. Tomlins
Download or read book Labor Law in America written by Christopher L. Tomlins and published by . This book was released on 1992 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor history and legal history have traditionally stood as separate disciplines. But recent scholarship has suggested the benefits of an interdisciplinary approach. In Labor Law in America Christopher L. Tomlins and Andrew J. King bring together eleven leading scholars to explore more completely than any previously published work the range of labor's legal experience in America. The contributors present new findings on topics ranging from the beginnings of wage labor in colonial America to the battered conditions of unions in the late twentieth century, from the stirrings of organization among journeymen in the early republic through battles over unemployment relief and labor standards in the Depression. They chart the "strange career" of master and servant law during the nineteenth century, the criminalization of vagrancy in the name of free contract, and the implications of constitutional structure and judicial ascendancy for labor strategy. They throw old interpretations into sharp relief by changing our perspectives on familiar topics - pointing out, for example, the impeccably republican reasoning behind antebellum criminal-conspiracy prosecutions or underlining the racial and gender exclusiveness of free-labor ideology. Labor Law in America amply demonstrates that labor law history is emerging as one of the most rewarding ways to understand the interaction of law, state, and society.
Book Synopsis American Labor Struggles and Law Histories by : Kenneth M. Casebeer
Download or read book American Labor Struggles and Law Histories written by Kenneth M. Casebeer and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From slave rebellions, to the Lowell Mill girls, to Wisconsin and the Tea Party; this book tells the stories of law and legal action inevitably intersecting the collective actions of workers, in triumph or in anguish, over all of United States history. Most people assume labor actions are carried out through trade unions and, therefore, that the relevant law of labor is the regulation of a particular form of collective bargaining between the representatives of workers (unions) and the representatives of owners (management). Neither assumption is accurate. It is striking to discover that most of the key labor struggles described in this book started either spontaneously among a group of workers, or at least began out in front of a sometimes unprepared or skeptical national union leadership that had to catch up to its members. Labor has at different times chosen strategies well beyond bargaining backed by strikes, including: consumer information (the union label); boycotts; picketing; small scale and ad hoc control over the tools, speed, and process of work; occupation of industrial plants; cooperative ownership; civil rights actions; independent and/or party politics; mass exodus; or even rebellion. Not surprisingly, while sometimes invoked by labor as well as management, an amazing range of legal practices have been used by the State in the protection of employer interest and/or the repression of labor. Frequently, law appeared in protection and expansion of the common law prerogatives of property, antitrust legislation applied to unions but not to trusts, criminal and civil conspiracy convictions sustained by courts at all levels through sweeping injunctions prohibiting labor activity, and often use of militia or the U.S. Army explicitly to break strikes. Importantly, entering law as an intervention in collective struggle inevitably requires a view of law from the bottom up. In contrast, entering law initially via Supreme Court opinions and other elite texts tends to record legal activity as winners-only history. Yet, as American Labor Struggles and Law Histories shows, law is always constructed as one arena of social struggle, channeled and shaped by both winners and losers. The deployment of power in our society has always altered our understandings of the possibility of democracy, particularly as American workers have fought to better their lives. "...a collection of exemplary writings on law and labor relations that shows how judges and legislators have frustrated workers'' organizations from the Colonial period to the present....A timely volume for labor studies collections. Summing Up: Highly recommended. General readers; all levels of students; researchers and faculty." -- CHOICE Magazine, R. L. Hogler, Colorado State University "This is a book that we need now. When unions and the solidarity of working people seem to be at an especially low ebb, Ken Casebeer has come through with a book that reminds us that it has always been a long struggle and will continue to be. From slave insurrections to the recent events in Wisconsin, collective actions against injustice in working lives characterize American history. The stories are vivid, legal details are concrete, and the thematic quotes that accompany each chapter are inspirational. This is a past that we cannot afford to forget as we look at the future''s choices." -- Lea VanderVelde, Josephine Witte Professor of Law, University of Iowa College of Law "This unique blend of legal case studies and gripping stories of collective action challenges narrow definitions both of labor law and of workers'' agency. It takes on the fundamental problem of the relation between discourse and material conditions, text and context, law and society and offers a new way of seeing the interconnections between workers'' consciousness and actions and legal practices. This wide-ranging anthology will be indispensable to law professors, historians, and, indeed, to anyone who sees the fate of working people and of American democracy as inextricably entwined." -- Jacquelyn D. Hall, Spruill Professor of History, University of North Carolina at Chapel Hill, Director, Southern Oral History Program "Editor Kenneth Casebeer has combined scholarly writings with contemporary accounts to produce a stirring, many-faceted examination of labor struggles in the United States over the past three centuries. Focusing on the intersection between legal regimes and workers'' collective protests, American Labor Struggles draws upon both specialized historical and legal literature and vivid contemporary testimony. Beginning with Casebeer''s own account of an early 18th-century slave revolt and concluding with an analysis of the militant activism of Chicago''s Republic Doors and Windows workers in 2008, this important volume explores the reciprocal relationships between a wide variety of protest strategies, on the one hand, and an American legal regime that continues to privilege the claims of property over those of human values in the workplace. Of interest to legal scholars, historians, and labor activists, American Labor Struggles is a contribution both to scholarship and the ongoing quest for social justice in the United States." -- Robert H. Zieger, Distinguished Professor of History, Emeritus, University of Florida "American Labor Struggles and Law Histories is an indispensable compendium of excellent writing, critical to an understanding of the relationship between law and labor and the past and present. I recommend it for serious students of labor history and labor law." -- William B. Gould IV, Charles A. Beardsley Professor of Law, Emeritus, Stanford Law School; Chairman of the National Labor Relations Board (1994-98) "This is an exciting and, I believe, important collection. It transforms the field of ''labor law'' from the dry study of technical rules governing state-supervised collective bargaining into the high drama of two centuries of--frequently very violent--labor conflict." -- Robert W. Gordon, Professor of Law, Stanford University; Chancellor Kent Professor of Law and Legal History, Emeritus, Yale University
Book Synopsis A Primer on American Labor Law by : William B. Gould
Download or read book A Primer on American Labor Law written by William B. Gould and published by Mit Press. This book was released on 1993 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its publication more than a decade ago, A Primer on American Labor Law has served as an easily accessible guide to the development, principles, and characteristics of American labor law. The third edition incorporates a number of significant developments that have taken place since 1986. These include new precedent under the Railway Labor Act (covering both railroads and airlines), the expansion of wrongful discharge litigation (which has become increasingly important as the unorganized sector of the work force continues to expand), new forms of protection against discrimination afforded by the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991, the consent decree between the U.S. Department of Justice and the International Brotherhood of Teamsters, and the continued success of unions representing professional athletes. William B. Gould IV is Charles A. Beardsley Professor of Law at Stanford Law School. An impartial arbitrator of labor disputes since 1965, he is a member of the Clinton Administration's Committee on the Future of Worker-Management Relations. He is the author of Agenda for Reform: The Future of Employment Relationships and the Law.
Book Synopsis Black Labor and the American Legal System: Race, work, and the law by : Herbert Hill
Download or read book Black Labor and the American Legal System: Race, work, and the law written by Herbert Hill and published by BNA Books (Bureau of National Affairs). This book was released on 1977 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial discrimination.
Download or read book Labor Embattled written by David Brody and published by University of Illinois Press. This book was released on 2005 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores recent developments affecting American workers in light of labor's past. Of special concern is the erosion of the rights of workers under the modern labor law, which Brody argues is rooted in the original formulation of the Wagner Act. Brody explains how the ideals of free labor, free speech, freedom of association, and freedom of contract have been interpreted and canonized in ways that unfailingly reduce the capacity for workers' collective action while silently removing impediments to employers coercion of workers. He combines legal and labor history to reveal how laws designed to undergird workers' rights now essentially hamstring them. [Publisher web site].
Book Synopsis The End of American Labor Unions by : Raymond L. Hogler
Download or read book The End of American Labor Unions written by Raymond L. Hogler and published by Praeger. This book was released on 2015-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the history of the legal regulation of union actions, this fascinating book offers a new interpretation of American labor-law policy—and its harmful impact on workers today. Arguing that the decline in union membership and bargaining power is linked to rising income inequality, this important book traces the evolution of labor law in America from the first labor-law case in 1806 through the passage of right-to-work legislation in Michigan and Indiana in 2012. In doing so, it shares important insights into economic development, exploring both the nature of work in America and the part the legal system played—and continues to play—in shaping the lives of American workers. The book illustrates the intertwined history of labor law and politics, showing how these forces quashed unions in the 19th century, allowed them to flourish in the mid-20th century, and squelched them again in recent years. Readers will learn about the negative impact of union decline on American workers and how that decline has been influenced by political forces. They will see how the right-to-work and Tea Party movements have combined to prevent union organizing, to the detriment of the middle class. And they will better understand the current failure to reform labor law, despite a consensus that unions can protect workers without damaging market efficiencies.
Book Synopsis Legislative History of the Labor Management Relations Act, 1947 by : United States. National Labor Relations Board
Download or read book Legislative History of the Labor Management Relations Act, 1947 written by United States. National Labor Relations Board and published by . This book was released on 1948 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Can Unions Survive? by : Charles B. Craver
Download or read book Can Unions Survive? written by Charles B. Craver and published by NYU Press. This book was released on 1993-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Craver (law, George Washington U.) recounts the history of the US labor movement from its origin through its heyday, analyzes the reasons for its current decline, and offers a manifesto for revitalizing it in the emerging global economy. He also suggests reforms in the National Labor Relations Act. Annotation copyright by Book News, Inc., Portland, OR
Book Synopsis The State and the Unions by : Christopher L. Tomlins
Download or read book The State and the Unions written by Christopher L. Tomlins and published by CUP Archive. This book was released on 1985-08-30 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 1985 book offers a critical examination of the impact of the National Labor Relations Act on American unions. Dr Tomlins examines both the laws from the late nineteenth century and the history of the act's passage. He shows how public policy confined labour's role in the American economy and the problems faced by unions that stem from these laws.
Book Synopsis Labor Law Analysis and Advocacy by : Robert A. Gorman
Download or read book Labor Law Analysis and Advocacy written by Robert A. Gorman and published by Juris Publishing, Inc.. This book was released on 2013-07-03 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.
Book Synopsis Basic Labor and Employment Law For Paralegals by : Clyde E. Craig
Download or read book Basic Labor and Employment Law For Paralegals written by Clyde E. Craig and published by Aspen Publishing. This book was released on 2022-12-26 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An effective teaching and learning text, Basic Labor and Employment Law for Paralegals covers all the essential elements in depth and breadth in a rational three part structure. "Introduction to Labor and Employment Law" examines the historical development of labor and employment law in America alongside the nature of the employment relationship. "Labor-Management Relations in the Union Setting" shows how American labor law regulates labor-management relations and includes methods of selecting collective bargaining representatives, unfair labor practices by employers and unions, economic weapons in labor disputes and the formation and administration of labor contracts. "Employment Discrimination" deals with the various forms of discrimination and the methods and procedures of pursuing employment discrimination claims. To underscore concepts and ensure student understanding, each chapter features marginal definitions, fact scenarios illustrating the concepts, and questions about specific facts for the students to consider. Answers to the fact scenarios are included at the end of each chapter. Discussion questions and exercises are provided to help students apply the concepts, and engaging case excerpts give them experience with case analysis. The Second Edition has been completely updated to include new material analyzing the Lilly Ledbetter Fair Pay Act of 2009, a federal statute amending the Civil Rights Act of 1964. Additional new material discusses the Genetic Information Nondiscrimination Act, a federal statute prohibiting employment discrimination on the basis of genetic information. Fresh case references and examples appear throughout the text. Hallmark features of Basic Labor and Employment Law for Paralegals: Covers all essential elements of United States labor and employment law in depth Divided into three sections o Introduction to Labor and Employment Law historical development of labor and employment law in America nature of the employment relationship o Labor-Management Relations in the Union Setting how labor law regulates labor-management relations methods of selecting collective bargaining representatives unfair labor practices by employers and unions economic weapons in labor disputes the formation and administration of labor contracts o Employment Discrimination various forms of employment discrimination in American law methods and procedures of pursuing employment discrimination claims Chapter pedagogy o marginal definitions o fact scenarios illustrating the concepts
Book Synopsis Values and Assumptions in American Labor Law by : James B. Atleson
Download or read book Values and Assumptions in American Labor Law written by James B. Atleson and published by . This book was released on 1983 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of judicial decisions taken under labour law in the USA in the context of their underlying value system - comments on the implementation of such labour legislation as the National Labour Relations Act and the Wagner Act of 1935; covers the right to strike, labour disputes, management control, conditions of employment, labour contracts, collective bargaining and management attitudes. References.
Book Synopsis Employment Relations in the United States by : Raymond L Hogler
Download or read book Employment Relations in the United States written by Raymond L Hogler and published by SAGE Publications. This book was released on 2003-12-15 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment is closely connected to wealth, status, and security and is therefore a subject of interest across a range of academic disciplines. Employment Relations in the United States incorporates a wealth of research material from these different specialties to provide a historical perspective on the American workplace and the evolution of legal policies affecting employment. The analysis follows both a chronological and thematic arrangement, beginning with the importance of management practices, the growth of labor organizations and the impact of collective bargaining on employment institutions, and the subsequent rise of individual employment rights enforced through administrative and judicial means. Through its evolutionary approach, the book explains the fragmented, overlapping, and conceptually confusing regulatory environment governing workplace relations. It offers an integrated approach to such important contemporary policy issues as health care coverage, pensions, and effective dispute procedures. The book provides an analytical framework for an understanding of the unique nature of our labor markets and the role of government, employers, and unions. Key Features Provides students with the historical background they need to understand how the U.S. system developed and how it differs from systems in other industrialized nations Discusses individual employment rights, including protection from discrimination Covers current policy issues in employment, including raising the minimum wage, the growth of a contingent workforce, and privatizing retirement Offers a unique historical and evolutionary explanation of the nature of employment relations As a general overview of contemporary employment relations, Employment Relations in the United States is a perfect supplement to college courses in employment law, human resource management, and collective bargaining. Human resource managers, mediators, and professionals involved in labor relations will also find this an essential reference.
Book Synopsis The Developing Labor Law by : American Bar Association. Section of Labor Relations Law
Download or read book The Developing Labor Law written by American Bar Association. Section of Labor Relations Law and published by . This book was released on 1971 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. Analysis of the evolution and working of the national labor relations act, labour legislation regulating labour relations - examines the arbitration process and labour court jurisprudence, covers freedom of association, trade union elections and membership, discrimination, collective bargaining in respect of working conditions, the right to strike, lockouts, restrictive practices, relations between unions and employees, etc., and reproduces the text of the act. References.
