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Economic pressure, as well as transnational and domestic corporate
policies, has placed labor law under severe stress. National
responses are so deeply embedded in institutions reflecting local
traditions that meaningful comparison is daunting. This book
assembles a team of experts from many countries that draw on a rich
variety of comparative methods to capture changes and emerging
trends across nations and regions. The chapters in this Research
Handbook mingle subjects of long-standing comparative concern with
matters that have pressed to the fore in recent years. Subjects
like 'soft law' and emerging geographic zones are placed in a new
light and their burgeoning significance explored. Thematic and
regional comparisons capture the challenges of a globally
comparative perspective on labor law. The fresh and thoughtful
comparative analysis in this Handbook makes it a critical resource
for scholars and students of labor law. Contributors: K. Banks, A.
Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N.
Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R.
Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J.
Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L.
Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich,
R. Ronnie, E. Sanchez, K. Sankaran, M. Schlachter, A. Seifert, A.
Stewart, H. Takeuchi-Okuno, A. Topo
The Seventeenth Edition makes a number of significant changes to
its predecessor, reflecting the evolution of the law relating to
employers, employees, and unions in a dynamic economy and polarized
political environment. This edition includes new decisions of the
National Labor Relations Board appointed by President Trump, which
has departed in many, significant ways from the approach of the
Board under the Obama Administration. The Trump Board's starkly
different outlook on the role of labor law in the contemporary
workplace is reflected in its overturning or reversing precedents
on many key issues, such as protections for employee electronic
communications, accountability for employers in "fissured"
enterprises, and treatment of various other employer restrictions
on collective employee activity. The book also contains judicial
decisions addressing these developments, evincing the growing
conflicts over the role of labor unions in society. This edition
supplies a comprehensive revision in light of major legal shifts
occurring from 2016 through 2020, notably Newly revised NLRB
representation election rules SuperShuttle and more, addressing the
distinction between employees and independent contractors The
Boeing Company, adopting a new and markedly different framework for
analyzing whether facial neutral workplace rules interfere with
Section 7 rights, including rules addressing matters such as
employee use of cameras in the workplace and workplace civility
standards Caesars Entertainment, reverting to the Board's prior
approach (under The Register Guard) to rules on employee use of
employer email for concerted activity The NLRB General Counsel's
advocacy of stricter limitations on neutrality agreements Newly
enacted rules overturning Browning-Ferris and narrowing the scope
of joint employer status Alstate Maintenance, seemingly narrowing
the scope of concerted activity for mutual aid or protection Epic
Systems, in which the Supreme Court rejected the Board's decision
in Murphy Oil, thereby unwinding protection against contractual
waivers of the capacity to participate in group arbitration or
adjudication of employment-related claims General Motors, adopting
a new approach to determining when allegedly abusive conduct loses
protection under Section 7. MV Transportation, abandoning the
"clear and unmistakable" standard for determining whether a CBA
waives the duty to bargain and replacing it with a "contract
coverage" standard. New discussion problems and exercises
throughout the text offer students the opportunity to engage with
this new material, illustrating how exciting and challenging the
study of labor law is today.
'This volume presents precisely the types of problems facing HR
professionals in multinational corporations and reveals the many
challenges of bridging across cultures and legal systems.' - Howard
Salazar, Manager of HR Operations, Harley-Davidson Motor Company,
US 'In aligning human resource management with the legal
requirements in different countries, multinational corporations
have to simultaneously stay true to their corporate culture and
honor the distinct cultures where they do business. This volume
provides deep insights for navigating this terrain in the 21st
Century.' - Pat Canavan, Senior Vice President for Global
Governance, Motorola Corporation (retired), US 'Leading a global HR
function requires a deep appreciation of many cultures and laws,
which are at the center of this important new book. Organizing the
learning around tangible problems is a great approach - valuable
for experienced practitioners and newly appointed HR professionals
alike.' - Cheri Alexander, Vice President, HR International
Operations, General Motors (retired), US Multinational corporations
face considerable complexity in setting the terms and conditions of
employment. Differing national laws prevent firms from developing
consistent sets of employment policies, but, at the same time,
employees are often expected to work closely with colleagues
located in many different countries and seek comparable treatment.
This critical volume offers a comprehensive analysis of how these
contradictory issues are dealt with in five countries - Australia,
Brazil, Germany, Japan and the United States. The authors identify
six key areas that present the most typical challenges: employee
voice (unionization and works councils), discrimination, privacy,
wrongful dismissal, compensation and benefits administration, and
global supply chain and labor standards. Working within these broad
categories, legal experts from each country offer a detailed
breakdown of twenty commonly confronted human resource problems and
the ways in which national laws affect their solutions. Using a
unique combination of primary sources, discussion questions and
expert analyses, this pioneering volume provides readers with a new
and intensive picture of human resource management across the
world. Human resources managers and other practitioners will find
this book an indispensable resource. The structure and approach
make it an ideal classroom text for students of business and
management, labor law and other related fields. Instructors from
other than the five countries can easily supplement analysis of the
problems by reference to their domestic systems, which gives this
work added flexibility and relevance.
'This volume presents precisely the types of problems facing HR
professionals in multinational corporations and reveals the many
challenges of bridging across cultures and legal systems.' - Howard
Salazar, Manager of HR Operations, Harley-Davidson Motor Company,
US 'In aligning human resource management with the legal
requirements in different countries, multinational corporations
have to simultaneously stay true to their corporate culture and
honor the distinct cultures where they do business. This volume
provides deep insights for navigating this terrain in the 21st
Century.' - Pat Canavan, Senior Vice President for Global
Governance, Motorola Corporation (retired), US 'Leading a global HR
function requires a deep appreciation of many cultures and laws,
which are at the center of this important new book. Organizing the
learning around tangible problems is a great approach - valuable
for experienced practitioners and newly appointed HR professionals
alike.' - Cheri Alexander, Vice President, HR International
Operations, General Motors (retired), US Multinational corporations
face considerable complexity in setting the terms and conditions of
employment. Differing national laws prevent firms from developing
consistent sets of employment policies, but, at the same time,
employees are often expected to work closely with colleagues
located in many different countries and seek comparable treatment.
This critical volume offers a comprehensive analysis of how these
contradictory issues are dealt with in five countries - Australia,
Brazil, Germany, Japan and the United States. The authors identify
six key areas that present the most typical challenges: employee
voice (unionization and works councils), discrimination, privacy,
wrongful dismissal, compensation and benefits administration, and
global supply chain and labor standards. Working within these broad
categories, legal experts from each country offer a detailed
breakdown of twenty commonly confronted human resource problems and
the ways in which national laws affect their solutions. Using a
unique combination of primary sources, discussion questions and
expert analyses, this pioneering volume provides readers with a new
and intensive picture of human resource management across the
world. Human resources managers and other practitioners will find
this book an indispensable resource. The structure and approach
make it an ideal classroom text for students of business and
management, labor law and other related fields. Instructors from
other than the five countries can easily supplement analysis of the
problems by reference to their domestic systems, which gives this
work added flexibility and relevance.
Economic pressure, as well as transnational and domestic corporate
policies, has placed labor law under severe stress. National
responses are so deeply embedded in institutions reflecting local
traditions that meaningful comparison is daunting. This book
assembles a team of experts from many countries that draw on a rich
variety of comparative methods to capture changes and emerging
trends across nations and regions. The chapters in this Research
Handbook mingle subjects of long-standing comparative concern with
matters that have pressed to the fore in recent years. Subjects
like 'soft law' and emerging geographic zones are placed in a new
light and their burgeoning significance explored. Thematic and
regional comparisons capture the challenges of a globally
comparative perspective on labor law. The fresh and thoughtful
comparative analysis in this Handbook makes it a critical resource
for scholars and students of labor law. Contributors: K. Banks, A.
Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N.
Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R.
Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J.
Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L.
Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich,
R. Ronnie, E. Sanchez, K. Sankaran, M. Schlachter, A. Seifert, A.
Stewart, H. Takeuchi-Okuno, A. Topo
The 2019 statutory and case supplement covers significant
developments since the publication of the casebook, including:
Super Shuttle DFW, Inc., 367 NLRB No. 75 (2019) accepting the D.C.
Circuit's approach to independent contractor determination. UPMC
Presbyterian Hosp., 368 NLRB No. 2 (2019) restricting the access of
union organizers to public spaces - a restaurant - on an employer's
premises when "promoting" the union. Didlake Inc., 367 NLRB No. 125
(2019) employer speech misstating the law as requiring the payment
of union dues law is treated as a "factual misrepresentation"
during a union campaign. Alstate Maintenance, LLC, 367 NLRB No. 68
(2019) restricting the scope of "concerted activity for mutual aid
or protection". G.C. Advice Memo. (Dec. 20, 2018), NLRB's General
Counsel effort to eliminate use of "Scabby," the inflated rat.
Board's reconsideration of deferral to arbitration standards (March
15, 2019). Bridgewood Health Care Center, Inc., 367 NLRB No. 110
(2019) restricting remedy where successor employer unlawfully
attempts to avoid successorship. Johnson Controls, 368 NLRB No. 20
(2019) partially abrogating Levitz Furniture where conflicting
claims regarding majority support are made prior to the termination
date of a collective bargaining agreement.
The 2022 statutory and case supplement not only contains all
relevant statutory provisions but also highlights and summarizes
significant developments since the publication of the 17th edition
of the casebook, including: The Board's invitation for briefs in
The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), on whether it
should reconsider the SuperShuttle standard for determining the
independent contractor status Updates on and problems addressing
union organizing activities at Amazon facilities and corresponding
litigation The Board's invitation for briefs in Stericycle, Inc.,
371 NLRB No. 48 (2021), on whether the Board should continue to
adhere to the work rules standard adopted in The Boeing Company The
Supreme Court's decision in Cedar Point Nursery v. Hassid, 141 S.
Ct. 2063 (2021), holding unconstitutional California's Agricultural
Labor Relations Act's right to access by union organizers The
Board's invitation for briefs in Thryv, Inc., 371 NLRB No. 37
(2021), on modifying its make-whole remedies The Board's decision
in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109 (2022), on
the appropriateness of merit-determination dismissals of election
petitions for egregious ULP charges The Board's notice that it will
engage in rulemaking on the standard for determining joint
employment The Board's invitation for briefs in American Steel
Construction, Inc., 370 NLRB No. 41 (2021), on reconsidering the
Board's standards for determining the appropriateness of bargaining
units A number of General Counsel Abruzzo's important memoranda and
arguments in briefs, including: Memorandum GC 21-04, setting out a
long list of cases and subject matter areas that would be subject
to the Office's "initiative" for change Memorandum GC 21-08,
stating that scholarship football players at Northwestern
University and those similarly situated are employees with Section
7 rights Memorandum GC 22-04 (and briefing in CEMEX Construction
Materials Pacific LLC, 28-CA-230115) advocating that the Board
abandon its toleration of "captive audience" meetings and proposing
new safeguards for Section 7 rights Briefing in CEMEX Construction
Materials Pacific LLC urging the Board to reinstate the Joy Silk
doctrine New Problems for Discussion throughout the text based on
other recent judicial and Board decisions
This statutory supplement is designed to accompany the main
casebook. It contains current copies of all major federal labor and
employment laws, representative examples of all major state
employment laws, and statistics on the current level of workers'
compensation benefits in the various states. It also contains
copies of the Families First Coronavirus Response Act and the
Coronavirus Aid Relief and Economic Security Act.
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