The legacy of industrial pluralism: the tension between individual employment rights and the New Deal collective bargaining system
Article Abstract:
The decline of labor unions has been accompanied by the rise of individual employment rights created by state legislatures and courts. However, under section 301 of the Labor Management Relations Act collective bargaining rights have preempted individual rights, giving unionized workers fewer rights than nonunion employees. The theory of 'industrial pluralism,' treating the workplace as an autonomous domain, has justified the broad interpretation of preemption under Section 301. Because the protection offered by the individual rights model is inadequate, a different model of collective bargaining is needed, such as the Railway Labor Act model or an expanded bargaining model.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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South Africa's labor act widens old law's scope: the new Labour Relations Act includes collective bargaining, dismissal and strike provisions
Article Abstract:
South Africa's Labour Relations Act will probably take effect on May 1, 1996, replacing the existing labor-law framework. It regulates relations between employers and trade unions, and to some extent individual employees, and it encourages the formation of unions, bargaining councils, and employers' groups. The act covers all sectors of the economy. Among the new elements it addresses are workplace forums, intended to share information, consult with employers, and share in joint decisions.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Welfare and the minimum wage: are workfare participants "employees" under the Fair Labor Standards Act?
Article Abstract:
Participants in workfare programs mandated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) should generally qualify as employees under the Fair Labor Standards Act of 1938 (FLSA). As such, they will receive minimum wage benefits and other protections under the FLSA. A complete denial of these benefits to workfare participants would cripple their other labor law claims and would defeat the goals of both the FLSA and of PRWORA's welfare reform.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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