Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting.

Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch.

In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.

International Paper, the richest paper company and largest landowner in the United States, enjoyed record profits and gave large bonuses to executives in 1987, that same year the company demanded that employees take a substantial paycut, sacrifice hundreds of jobs, and forego their Christmas holiday. At the Adroscoggin Mill in Jay, Maine, twelve hundred workers responded by going on strike from June 1987 to October 1988. Local union members mobilized an army of volunteers but International Paper brought in permanent replacement workers and the strike was ultimately lost. Julius G. Getman tells the story of that strike and its implications a story of a community changing under pressure; of surprising leaders, strategists, and orators emerging; of lifelong friendships destroyed and new bonds forged. At a time when the role of organized labor is in transition, Getman suggests, this strike has particular significance. He documents the early negotiations, the battle for public opinion, the heroic efforts to maintain solidarity, and the local union's sense of betrayal by its national leadership. With exceptional richness in perspective, Getman includes the memories and informed speculations of union stalwarts, managers, and workers, including those who crossed the picket line, and shows the damage years later to the individuals, the community, and the mill. He demonstrates the law's bias, the company's undervaluing of employees, and the international union's excessive concern with internal politics."

This book explicitly addresses racism in the paid workplace, showing how racism, and by corollary sexism, are systemic to society. Based on extensive research on workers in both the Health Care sector and in the Garment Manufacturing sector, the author succeeds in capturing the daily lived realities in the workplace.

In 1893 Arthur Burgoyne, one of Pittsburgh\u2019s most skilled and sensitive journalists, published Homestead, a complete history of the 1892 Homestead strike and the ensuing conflict between the Carnegie Steel Company and the Amalgamated Association of Iron and Steel Workers. Accurate, readable, and judiciously balanced in assigning blame, this work gives crucial insight into a turbulent period in Pittsburgh\u2019s history.

How the brutalities of working life are transformed into exhaustion, shame, and self-doubt: a writer's account of her experience working in an Amazon fulfillment center. No longer able to live on the proceeds of her freelance writing and translating income, German novelist Heike Geissler takes a seasonal job at Amazon Order Fulfillment in Leipzig. But the job, intended as a stopgap measure, quickly becomes a descent into humiliation, and Geissler soon begins to internalize the dynamics and nature of the post-capitalist labor market and precarious work. Driven to work at Amazon by financial necessity rather than journalistic ambition, Heike Geissler has nonetheless written the first and only literary account of corporate flex-time employment that offers "freedom" to workers who have become an expendable resource. Shifting between the first and the second person, Seasonal Associate is a nuanced expose of the psychic damage that is an essential working condition with mega-corporations. Geissler has written a twenty-first-century account of how the brutalities of working life are transformed into exhaustion, shame, and self-doubt.

Employee participation encompasses the range of mechanisms used to involve the workforce in decisions at all levels of the organization - whether direct or indirect - conducted with employees or through their representatives. In its various guises, the topic of employee participation has been a recurring theme in industrial relations and human resource management. One of the problems in trying to develop any analysis of participation is that there is potentially limited overlap between these different disciplinary traditions, and scholars from diverse traditions may know relatively little of the research that has been done elsewhere. Accordingly in this book, a number of the more significant disciplinary areas are analysed in greater depth in order to ensure that readers gain a better appreciation of what participation means from these quite different contextual perspectives.
Not only is there a range of different traditions contributing to the research and literature on the subject, there is also an extremely diverse sets of practices that congregate under the banner of participation. The handbook discusses various arguments and schools of thought about employee participation, analyzes the range of forms that participation can take in practice, and examines the way in which it meets objectives that are set for it, either by employers, trade unions, individual workers, or, indeed, the state.
In doing so, the Handbook brings together leading scholars from around the world who present and discuss fundamental theories and approaches to participation in organization as well as their connection to broader political forces. These selections address the changing contexts of employee participation, different cultural/ institutional models, old/'new' economy models, shifting social and political patterns, and the correspondence between industrial and political democracy and participation.

Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, The Mediator's Tale: The CEDR Story of Better Conflicts captures the experience of two leading internationally renowned mediators - and married couple - Eileen Carroll and Karl Mackie. Sharing their personal and professional insights into how we can achieve better conflict management in our professional and personal lives, they highlight key insights into how mediation delivers results, and lessons for conflicts generally. The book: Tells the story of how a young lawyer and a leading academic 'had the courage and sheer guts' necessary to create disruptive change and persuade the legal profession and its clients to embrace mediation Provides advisers and mediators with in-depth explanations for getting results from negotiation and independent intervention Shows how to build trust and make emotional connections while building momentum for settlement Highlights the role of women as conflict resolvers and as early pioneers in conflict resolution, and the links between conflict and diversity - 'What people often mean by getting rid of conflict is getting rid of diversity' Explores the reasons interventions fail and how to avoid failure Illuminates the international development of mediation and its reach into justice systems, human rights, investor-state disputes and international arbitration Outlines leadership skills that will put you in the top 1% of people able to deal with conflict.

How an alliance of the labor and environmental movements used law as a tool to clean up the trucking industry at the nation's largest port. In Blue and Green, Scott Cummings examines a campaign by the labor and environmental movements to transform trucking at America's largest port in Los Angeles. Tracing the history of struggle in an industry at the epicenter of the global supply chain, Cummings shows how an unprecedented "blue-green" alliance mobilized to improve working conditions for low-income drivers and air quality in nearby communities. The campaign for "clean trucks," Cummings argues, teaches much about how social movements can use law to challenge inequality in a global era. Cummings shows how federal deregulation created interrelated economic and environmental problems at the port and how the campaign fought back by mobilizing law at the local level. He documents three critical stages: initial success in passing landmark legislation requiring port trucking companies to convert trucks from dirty to clean and drivers from contractors to employees with full labor rights; campaign decline after industry litigation blocked employee conversion; and campaign resurgence through an innovative legal approach to driver misclassification that realized a central labor movement goal-unionizing port truckers. Appraising the campaign, Cummings analyzes the tradeoffs of using alternative legal frameworks to promote labor organizing, and explores lessons for building movements to regulate low-wage work in the "gig" economy. He shows how law can bind coalitions together and split them apart, and concludes that the fight for legal reform never ends, but rather takes different turns on the long road to justice.

This book showcases the inequalities experienced between the Global North and the Global South by exploring the production and distribution model of goods and services worldwide through an analysis of why the structure, framework, and interconnectedness of global supply chains increases the persistence of worker rights' violations. The narrative explains the power relationships between multinational corporations, their subcontractors, governments, non-governmental organizations, labor unions, and workers. The text focuses primarily on competition between workers in the Global South and the Global North who are compelled to work in global supply chains for their survival and takes a macro-look at how global supply chains operate, how they are governed, who invests and why, and who wins and who loses. From the workers' perspective, the text highlights the millions of low-wage workers who suffer exploitation and abuse at the hands of greedy multi-national corporations who are able to distance themselves from any liability for workers' welfare through an institutional system created by national/state governments, trade agreements, and tax and investment strategies which protect property rights over workers' rights. The fragile plight of workers crescendos through examples of exploitation and abuse in the fishing, mining, apparel, electronic and manufacturing industries, focusing events of workplace disasters, and slave-like working conditions, then climaxes by providing strategies to help strengthen workers through legislative and policy initiatives, collective action, and social and public pressure.

This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.

The Commonwealth of Australia was federated in 1901. Only three short years later the Federal Government established a court system to arbitrate over industrial disputes in a young country that already had a history of half a century of organised labour. This 2004 book is a thematic history of an important Australian institution, the federal conciliation and arbitration system, on the occasion of its centenary. The various chapters written by leading scholars deal with the system's political history, the work of the tribunal, the legal framework, economic and social effects, the effects on indigenous and women workers, the role of employers associations and unions, and the management of industrial conflict. It is a story rich in drama involving strikes, lockouts, imprisonment of union officials, noisy protests in courtrooms and in the streets, momentous High Court judgements, and the rise and fall of governments.

In this indispensable study of Canadian industrialization, Craig Heron examines the huge steel plants that were built at the turn of the twentieth century in Sydney and New Glasgow, Nova Scotia, and Trenton, Hamilton, and Sault Ste. Marie, Ontario. Presenting a stimulating analysis of the Canadian working class in the early twentieth century, "Working in Steel" emphasizes the importance of changes in the work world for the larger patterns of working-class life.

Heron's examination of the impact of new technology in Canada's Second Industrial Revolution challenges the popular notion that mass-production workers lost all skill, power, and pride in the work process. He shifts the explanation of managerial control in these plants from machines to the blunt authoritarianism and shrewd paternalism of corporate management. His discussion of Canada's first steelworkers illuminates the uneven, unpredictable, and conflict-ridden process of technological change in industrial capitalist society. As engaging today as when first published in 1988, "Working in Steel" remains an essential work in Canadian history.

In a dramatic change of role, the noted television and film star has written a vivid and incisive account of the House Committee on Un-American Activities' probe of the entertainment industry from 1938 to 1958. Formed to investigate alleged subversives, by the late fifties the committee had succeeded in ruining the careers and sometimes the lives of many of Hollywood and Broadway's top writers and performers. Quoting generously from transcripts of its hearings, Vaughn shows how the committee's primary purpose was punitive rather than legislative, and concludes that its most serious damage to American theatre and film is not easily documented: the loss of all the words never written or spoken because of the impact - and the fear - of the committee's misdeeds.

This book analyzes consumer organizing tactics and the decline of the Seattle labor movement in the 1920s, as a case study of the U.S. labor movement in the 1920s. The book examines the transformation of the movement after the famous Seattle General Strike of 1919 by showing that workers organized not only at the point of production, but through politicized consumption as well, employing boycotts, cooperatives, labor-owned businesses, and union label promotion. It pays special attention to the gender dynamics of labor's consumer campaigns, as trade union men sought to persuade their wives to "shop union," and to the racial dynamics of campaigns organized by white workers against Seattle's Japanese-American businesses.

Heroic Defeats is a comparative investigation of how unions and firms interact when economic circumstances require substantial job loss. Using simple game theory to generate testable propositions about when these situations will result in industrial conflict, Professor Golden illustrates the theory in a range of situations between 1950 and 1985 in Japan, Italy, and Britain. Additionally, the author shows how the theory explains why strikes over job loss almost never occur in postwar unionised firms in the United States. With its blend of rational choice and comparative politics, Heroic Defeats is the first systematic attempt to account for industrial conflict or its absence in situations of mass job loss. This book should be of interest to political scientists, sociologists, economists, and students of labour and industrial relations, as well as specialists in European and Japanese history.