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This monograph was originally developed as a direct response to the
claim made by members of the 'Employers Group' at the 2012
International Labour Conference, namely that the right to strike is
not protected in international law, and in particular by ILO
Convention 87 on the right to freedom of association. The group's
apparent aim was to sow sufficient doubt as to the existence of an
internationally protected right so that governments might seek to
limit or prohibit the right to strike at the national level while
still claiming compliance with their international obligations. In
consequence, some governments have seized on the employers'
arguments to justify new limitations on that right. The Right to
Strike in International Law not merely refutes this claim but is
the only complete and exhaustive analysis on this subject. Based on
deep legal research, it finds that there is simply no credible
basis for the claim that the right to strike does not enjoy the
protection of international law; indeed, the authors demonstrate
that it has attained the status of customary international law.
This monograph was originally developed as a direct response to the
claim made by members of the 'Employers Group' at the 2012
International Labour Conference, namely that the right to strike is
not protected in international law, and in particular by ILO
Convention 87 on the right to freedom of association. The group's
apparent aim was to sow sufficient doubt as to the existence of an
internationally protected right so that governments might seek to
limit or prohibit the right to strike at the national level while
still claiming compliance with their international obligations. In
consequence, some governments have seized on the employers'
arguments to justify new limitations on that right. The Right to
Strike in International Law not merely refutes this claim but is
the only complete and exhaustive analysis on this subject. Based on
deep legal research, it finds that there is simply no credible
basis for the claim that the right to strike does not enjoy the
protection of international law; indeed, the authors demonstrate
that it has attained the status of customary international law.
We are not shy about reporting human rights abuses around the
globe. We are much more reluctant to recognize them at home. This
book exposes the violations of human rights witnessed daily in
workplaces across our country. Based on detailed case studies in a
variety of sectors, it reveals an "unfair advantage" in U.S. law
and practice that allows employers to fire or otherwise punish
thousands of workers as they seek to exercise their rights of
association and to exclude millions more from laws that protect
their rights to bargain and to organize.Unfair Advantage approaches
workers' use of organizing, collective bargaining, and strikes as
an exercise of basic rights where workers are autonomous actors,
not objects of unions' or employers' institutional interests. Both
historical experience and a review of current conditions around the
world indicate that strong, independent, democratic trade unions
are vital for societies where human rights are respected. In Lance
Compa's view, human rights cannot flourish where workers' rights
are not enforced. While researching workers' exercise of these
rights in different industries, occupations, and regions of the
United States, Human Rights Watch found that freedom of association
is under severe, often buckling pressure when workers in the United
States try to exercise it. Cornell University Press is making this
valuable report, originally published in August 2000, available
again as a paperback with a new introduction and conclusion that
bring the story up-to-date.
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. Bruyere, 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"
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