Human Rights in Labor and Employment Relations

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 0913447986
Release Date: 2009
Genre: Political Science

The concept of human rights at work has advanced significantly in the last decade. The authors of the essays in Human Rights in Labor and Employment Relations focus in various ways on how the promotion and protection of human rights at workplaces here and around the world posit a new set of values and approaches that challenge every orthodoxy in the employment relations field, every practice and rule based in that orthodoxy, and even the underlying premises and intellectual foundations of contemporary labor and employment systems. The authors constitute a diverse and accomplished group of human rights activists, practitioners, and scholars. Implementing the theme of the volume, they address a wide range of important subjects: worker health and safety, child labor, worker freedom of association, migrant and forced labor, the human rights obligations of employers, workplace discrimination, and workers with disabilities. The authors also discuss the implications of their findings for labor and employment research and, where relevant, make pragmatic proposals for change. Contributors: Susanne M. Bruyére, Cornell University; Lance Compa, Cornell University; James A. Gross, Cornell University; Jeffrey Hilgert, Cornell University; Barbara Murray, International Labour Organization; Tonia Novitz, University of Bristol; Maria L. Ontiveros, University of San Francisco Law School; Edward E. Potter, Director of Global Workplace Rights, Coca-Cola Company and U.S. Employer Delegate, International Labour Organization Conference; Marika McCauley Sine, Global Stakeholder Engagement Manager, Coca-Cola Company; Rebecca Smith, National Employment Law Project; Burns H. Weston, University of Iowa

Workers Rights as Human Rights

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 0801472628
Release Date: 2006
Genre: Political Science

Until recently, the international human rights movement and nongovernmental organizations, human rights scholars, and even labor organizations and advocates have given little attention to worker rights as human rights. James A. Gross finds, however, that employers, not just governments, have the power to violate workers' rights. Workers' Rights as Human Rights provides a new perspective on the assessment of U.S. labor relations law by using human rights principles as standards for judgment. The authors also present innovative recommendations for what should and can be done to bring U.S. labor law into conformity with international human rights standards. This volume constitutes a long overdue beginning toward the promotion and protection of worker rights as human rights in the United States.

Human Rights Labor Rights and International Trade

Author: Lance A. Compa
Publisher: University of Pennsylvania Press
ISBN: 081221871X
Release Date: 2003-08-30
Genre: Business & Economics

Labor rights have traditionally been a concern of labor law scholars and practitioners whose work concentrates exclusively on domestic developments. In the past decade, however, the globalization of investment and production has expanded the bounds of labor rights discourse. Contributors to this volume provide the first comprehensive view of labor rights in the international system of commerce. They consider the avenues open to worker rights claims in the global economy under international human rights instruments, U.S. trade laws, free trade agreements, labor rights litigation, and corporate codes of conduct. They address worker rights from the standpoints of human rights concerns, trade and development policy, and labor law principles.

The Ethics of Human Resources and Industrial Relations

Author: John W. Budd
Publisher: Cornell University Press
ISBN: 0913447900
Release Date: 2005
Genre: Business & Economics

Moral philosophy, business ethics, and the employment relationship / John W. Budd and James G. Scoville -- The social welfare objectives and ethical principles of industrial relations / Bruce E. Kaufman -- Kantian ethical thought / Norman E. Bowie -- Non-western ethical frameworks: implications for human resources and industrial relations / James G. Scoville, John J. Lawler, and Xiang Yi -- Globalization and business ethics in employment relations / Hoyt N. Wheeler -- The technological assault on ethics in the modern workplace / Richard S. Rosenberg -- The ethics of human resource management / Elizabeth D. Scott -- Ethical challenges in labor relations / John T. Delaney -- Ethical practice in a corporation: the Allina case / Jonathan E. Booth, Ronald S. Heinz, and Michael W. Howe -- Ethical practice in a labor union: the UAW case / Linda Ewing -- The critical failure of workplace ethics / Gordon Lafer.

The European Convention on Human Rights and the Employment Relation

Author: Filip Dorssemont
Publisher: A&C Black
ISBN: 9781782252115
Release Date: 2014-07-18
Genre: Law

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Justice on the Job

Author: Richard N. Block
Publisher: W.E. Upjohn Institute
ISBN: 9780880992794
Release Date: 2006
Genre: Business & Economics

The freedom to form a union has been formally recognized as a basic human right by the UnitedNations and its member states since the Universal Declaration of Human Rights was ratified in1948 (United Nations 1948). Yet in the United States today, the freedom to form unions andbargain collectively is heavily suppressed, and the law provides workers with little protection.

The employment relationship

Author: Janet Gaymer
Publisher:
ISBN: STANFORD:36105060784795
Release Date: 2001
Genre: Law

Written by the UK's pre-eminent employment lawyer, this indispensable work examines all aspects of the role of the employment relationship concentrating on the common law obligations of both employer and employee. It studies the policies and philosophies of the employment relationship - both academic and those emanating from the EU and from governmental bodies such as the DTI - responsible for shaping today's employment law landscape.* Considers the definition of 'employee' and 'worker' and the effect this has on the contractual relationship* Examines the Employment Relations Act 1999 which has dramatically changed the employment landscape* Looks at changing patterns of work, including part-time and flexible working and self-employment* Takes into account human rights and the employment relationship* Highlights the influence of EU legislation* Anticipates possible future developments

Employment Law

Author: Hugh Collins
Publisher: Oxford University Press, USA
ISBN: 9780199566556
Release Date: 2010
Genre: Law

This updated edition offers a fresh approach to the law governing employment relations, emphasizing the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including contracts of employment, anti-discrimination law, trade unions, industrial action, and human rights in the workplace. It also discusses how UK law, under the influence of EU law and international protection of human rights, has been transformed for the twentieth-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent comparisons with the law of other countries, including the United States, the book also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.

Are Worker Rights Human Rights

Author: Richard P. McIntyre
Publisher: University of Michigan Press
ISBN: 9780472050420
Release Date: 2008
Genre: Business & Economics

In a global economy, workers must assert their collective rights as workers in order to win human rights as individuals. By introducing Marxian and Institutional analysis, this book reveals the class relations and power structures that determine the position of workers in the global economy.

Human Rights and Labor Solidarity

Author: Susan L. Kang
Publisher: University of Pennsylvania Press
ISBN: 9780812206029
Release Date: 2012-07-24
Genre: Political Science

Faced with the economic pressures of globalization, many countries have sought to curb the fundamental right of workers to join trade unions and engage in collective action. In response, trade unions in developed countries have strategically used their own governments' commitments to human rights as a basis for resistance. Since the protection of human rights remains an important normative principle in global affairs, democratic countries cannot merely ignore their human rights obligations and must balance their international commitments with their desire to remain economically competitive and attractive to investors. Human Rights and Labor Solidarity analyzes trade unions' campaigns to link local labor rights disputes to international human rights frameworks, thereby creating external scrutiny of governments. As a result of these campaigns, states engage in what political scientist Susan L. Kang terms a normative negotiation process, in which governments, trade unions, and international organizations construct and challenge a broader understanding of international labor rights norms to determine whether the conditions underlying these disputes constitute human rights violations. In three empirically rich case studies covering South Korea, the United Kingdom, and Canada, Kang demonstrates that this normative negotiation process was more successful in creating stronger protections for trade unions' rights when such changes complemented a government's other political interests. She finds that states tend not to respect stronger economically oriented human rights obligations due to the normative power of such rights alone. Instead, trade union transnational activism, coupled with sufficient political motivations, such as direct economic costs or strong rule of law obligations, contributed to changes in favor of workers' rights.

Employment with a Human Face

Author: John W. Budd
Publisher: Cornell University Press
ISBN: 9781501722387
Release Date: 2018-07-05
Genre: Business & Economics

John W. Budd contends that the turbulence of the current workplace and the importance of work for individuals and society make it vitally important that employment be given "a human face." Contradicting the traditional view of the employment relationship as a purely economic transaction, with business wanting efficiency and workers wanting income, Budd argues that equity and voice are equally important objectives. The traditional narrow focus on efficiency must be balanced with employees' entitlement to fair treatment (equity) and the opportunity to have meaningful input into decisions (voice), he says. Only through a greater respect for these human concerns can broadly shared prosperity, respect for human dignity, and equal appreciation for the competing human rights of property and labor be achieved. Budd proposes a fresh set of objectives for modern democracies—efficiency, equity, and voice—and supports this new triad with an intellectual framework for analyzing employment institutions and practices. In the process, he draws on scholarship from industrial relations, law, political science, moral philosophy, theology, psychology, sociology, and economics, and advances debates over free markets, globalization, human rights, and ethics. He applies his framework to important employment-related topics, such as workplace governance, the New Deal industrial relations system, comparative industrial relations, labor union strategies, and globalization. These analyses create a foundation for reforming employment practices, social norms, and public policies. In the book's final chapter, Budd advocates the creation of the field of human resources and industrial relations and explores the wider implications of this renewed conceptualization of industrial relations.

Employment and Human Rights

Author: Richard L. Siegel
Publisher: University of Pennsylvania Press
ISBN: 0812232119
Release Date: 1994
Genre: Political Science

In Employment and Human Rights: The International Dimension, Richard Lewis Siegel discusses the historical evolution of the right to employment as well as regional and global efforts to achieve full employment. In the first section of the book, he examines a wealth of material, from English radical pamphlets of the seventeenth century to the recent debates at the United Nations and the International Labor Organization, placing intellectual history in the broadest possible economic, political, and social contexts. In the second section, Siegel examines global and regional efforts in the present century intended to further the implementation of the right to employment. He traces the development of international cooperation and examines the reasons for the limited accomplishments, including a lack of consensus about the effectiveness of public policies; the politicization and strongly ideological nature of the international debates; and the turf and policy struggles within and among the highly influential intergovernmental organizations and national governments.

Employment and Labor Law

Author: Patrick Cihon
Publisher: Cengage Learning
ISBN: 9780324663662
Release Date: 2008-04-10
Genre: Business & Economics

Cihon and Castagnera's EMPLOYMENT AND LABOR LAW provides a comprehensive and accessible introduction to employment and labor relations law for the non-legal professional in human resource management and labor relations. The authors emphasize employment, labor relations, and social issues and legislation in the work environment as they cover federal and state laws governing employer/union and employee/employer relations. Case excerpts, including occasional dissents and/or concurring opinions, allow the reader to experience the fact that law develops from the resolution of differing views. This exposure to differing opinions and positions--as well as the immersion in the legal reasoning process--will prove valuable to those students who may become involved in quasi-legal aspects of employee relations. In no other area of the law are non-lawyer professionals exposed to such legal regulation as are human resources directors and industrial relations specialists. EMPLOYMENT AND LABOR LAW will develop the skills of legal reasoning and analysis that are vital for successful performance in such situations. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

A Shameful Business

Author: James A. Gross
Publisher: Ilr Press
ISBN: UOM:39076002861677
Release Date: 2010-01
Genre: Business & Economics

In a book that confronts the moral choices that U.S. corporations make every day in the treatment of their workers, James A. Gross issues a clarion call for the transformation of the American workplace based on genuine respect for human rights, rather than whatever the economic and regulatory landscape might allow. Gross questions the nation's underlying fabric of values as reflected in its laws and our assumptions about workers and the workplace. Arguing that our market philosophy is incompatible with core principles of human rights, he forces readers to realign the country's labor policies so that they conform with the highest international human rights standards. To make his case, Gross assesses various aspects of U.S. labor relations—freedom of association, racial discrimination, management rights, workplace safety, and human resources—through the lens of internationally accepted human rights principles as standards of judgment. His findings are chilling. "Employers who maintain workplaces that require men and women and sometimes even children to risk their lives and endanger their health and eyes and limbs in order to earn a living are treating human life as cheap and are seeking their own gain through the desecration of human life," Gross argues, and such behavior should be considered as crimes against humanity rather than matters of efficiency, productivity, or morale. By revealing how truly unacceptable management's "best practices" can be when considered as human rights issues, A Shameful Business encourages a bold new vision for workers, whether organized or not, that would signify a radical rethinking of social values and the concept of workplace rights and justice in the courtroom, the boardroom, and on the shop floor.