Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

British trade unions,the 1975 European Referendum and its legacy

This paper examines the evolution of British trade union policy relating to the European Union (EU). It focuses upon the 1975 UK referendum on continued membership of the Common Market (latterly the EU), and uses this key event to illuminate the range of the debate within the trade union movement, the rationale why it determined to oppose British membership of the EU and why its scampaigning proved largely ineffective, before considering the consequences arising from the referendum defeat. The paper identifies a number of issues resonant within the labour movement–including the decline in the strength of the left and the concomitant polarisation of opinion concerning the optimality of pursuing predominantly national or super-national economic and social policy–which have resulted in the periodic oscillation in trade union strategy, from opposition to (conditional) support for the European integration ‘project’. It surmises that the inability of the trade union leadership to construct a viable strategy, able to combine full employment with social and labour market protection for vulnerable workers, implies that the questions last comprehensively aired during the 1975 referendum campaign have never been satisfactorily resolved. Consequently, an understanding of the factors pertaining to the 1975 referendum campaign has the potential to inform the contemporary debate.     

David L. Behncke,The Airline Pilots,and the New Deal: The Struggle for Federal Labor Legislation

In the first half of the twentieth century, South Africa's two main coal-producing provinces, Natal and the Transvaal, were regarded as having separate industries. Comparing the two, the article shows that their geology, markets, ownership and organization were distinctive. In contrast, the patterns of labour struggles were alike, reflecting labour processes, racial divisions, and legal and ideological frameworks that were similar. The historiography of South African mining labour has emphasized the role of black migrants, who ‘oscillated’ between the mines and the rural areas from where they originated and to which they retired. While structuralist analyses argued that migrancy was the bedrock of a cheap-labour system that underpinned white power, leading social historians stressed that migrants were primarily rural men. The account presented here rejects the thrust of both positions, showing that a high proportion of coal miners settled around the mines. More of them would have done so had this been permitted, and the same applies to Africans working on the gold mines. Given that cheap-labour theory strengthens the exceptionalism that runs through much South African history, rejecting it can open up new possibilities for comparative study. In passing, the article reveals that black workers participated in the militant 1913 strike by the Witwatersrand's white mine workers.     

Forging feminism within labor unions and the legacy of democracy movements in South Korea

Abstract

Although most scholarship stresses that ‘male regular worker-centeredness’ is a trait of mainstream Korean labor unions, the specific reasons why feminism has failed to spread within Korean unionism have not been clarified. In order to answer this question, this article focuses on the entangled interrelations of feminism with broader social movements, maintaining that the historical legacy of the victory of the 1987 Great Worker Struggle – led by male workers from the heavy and chemical industries – is still a powerful factor in discouraging the spread of feminism, even though a fundamental transformation in the nature of Korean labor unions from being primarily class conscious to economistic has taken place. This article also highlights that Korean women’s movements have raised little criticism against the gender-blindness of labor unionism largely because Korean labor unions have been positioned as a ‘moral force’ in bringing about democratization. Furthermore, I stress that conflict between old feminists (socialist feminism) and young feminists (radical feminism), who tend to reflect on the dichotomous relations between gender and/or class, has actually been counterproductive to the proliferation of feminism within Korean labor unions.     

Aggression,deviance, and personality adaptation as antecedents and consequences of alienation and involvement in high school

Alienation from, or involvement in, the social and educational systems of the high school are investigated in an effort to determine the extent that school experiences may influence aggressive and deviant behavior in school and personality styles or orientations. Drawing upon longitudinal data collected from 250 boys followed from grades 8 through 12, potential antecedent-consequence relationships between dimensions of alienation and involvement and these two basic types of student outcomes are examined by cross-lagged panel analyses. Differences between cross-lagged panel correlations provide evidence that student reactions and attachments to school manifest relationships with aggression, deviance, and personality, serving as both antecedents and consequences of these student adaptations. The major findings provide evidence that (1) boys who more frequently break school rules and engage in aggressive or deviant behavior may often come to have more negative attitudes toward school staff and less involvement in school; and (2) student involvement and participation in school life can influence certain aspects of adolescent personality. Possible evidence of reciprocal causation is presented and discussed, as are additional theoretical and methodological implications of the data.     

推进法治化建设开创工会工作新局面

全面建成小康社会已进入决定性的阶段,改革也进入攻坚期和深水区,我们面对的改革发展稳定任务之重前所未有,矛盾风险挑战之多前所未有,依法治国在党和国家工作全局中的地位日益突出。如何增强工会干部的法治意识、将工会各项工作纳入法治化轨道就成为工会服务大局的重大问题。本文集中论述两个问题:一是法治的重要性与迫切性;二是工会在法治建设中的着力点。     

Land tenure,land law and development: some thoughts on recent debates

This paper offers a discussion of some of the features of recent land tenure debates and policies. It argues that two different orientations can be discerned: one that tends to regard land primarily as an economic asset and another that rather takes a (human) rights orientation and emphasises food and shelter security. These different orientations can be seen to be related to contrasting conceptualisations of extra-legality and different ranges of policy options when it comes to the legalisation or formalisation of land tenure and the acknowledgement of arrangements alternative to Western style individual ownership.     

Capitalist development,peasant differentiation and the state: Survey findings from West Bengal

The analysis which follows examines the structure of investment and production taking place in West Bengal, the reference point being the debate between Marxism and populism about peasant differentiation. The process of socio‐economic differentiation has not stopped, but in methodological terms farm size alone fails to register its extent. The main claim advanced by populism — Chayanov's argument concerning demographic differentiation, that rising consumer/worker ratios are accompanied by higher family labour input — was found to be inapplicable. Of particular interest is the role during the last quarter century of the Left Front government in the process of agrarian transformation, and the extent to which its pro‐poor policy interventions have stabilized smallholding peasant production. Among the effects of state intervention in the agrarian sector have been declines in (a) the number of holdings above ten acres (b) in the extent of sharecropping contracts, and (c) in the incidence of absolute landlessness. Although producers under 2.5 acres have been the main beneficiaries of institutional credit provision by the state, distress sales (in the form of marketed surplus) by poorer farmers are still evident.     

Workers,state, and development in Brazil: powers of labour,chains of value

This paper examines the significance of landscape and memory in peasant–state relations in Eritrea since independence in the early 1990s. During this period, people were being resettled around cultivable land in the western lowlands as a means of recuperating land and society after prolonged warfare. Projects of statemaking in Eritrea, involving both refugee resettlement and agrarian development, have drawn from a national narrative of lost fertility and deforestation caused by generations of colonial extraction and violence. This paper explores how shared memories of environmental change, an ecological nostalgia, become a means through which people from diverse ethno-linguistic, religious, and regional backgrounds come together to imagine a collective future based in creating livelihood from farm land. However, as people reclaim remembered landscapes and face the challenges of rebuilding communities and livelihoods during a time of tense political and economic change, their ideas of a shared future diverge from state-led projects of nation-building. This article argues that ecological nostalgia legitimises state interventions into rural livelihoods but also provides a means for people to speak and critique the state under conditions of increasing fear and silencing.     

The New Deal Reform and Labor Project at the American Catholic History Research Center and University Archives

In January of 2000, the National Historical Publications and Records Center provided the American Catholic History Research Center and University Archives (CUA Archives) a grant to organize and create inventories on the internet for five labor and New Deal related collections. As a result of the completion of this project the Congress of Industrial Organizations Records, Philip Murray Papers, John Brophy Papers, Monsignor Francis J. Haas Papers, and Monsignor A. Ryan Papers have inventories that are available at the CUA website.     

Women,international law and international institutions: The case of the United Nations

This final article considers the evolution of women's rights concepts and mechanisms within the United Nations. Gaer writes about this subject both as an historian of and a longstanding activist for women's human rights. She provides a critical history of how “women's” rights have been separated from and connected to “human” rights within the UN.     

Capitalism obscured: the limits of law and rights-based approaches to poverty reduction and development

The Commission on the Legal Empowerment of the Poor (CLEP) was established by the United Nations in 2005 and concluded in 2008. Although inspired by Hernando de Soto's analysis of the role of property rights in economic development, the scope of the Commission was defined as ‘legal empowerment’ in general. This commentary offers a critique of the CLEP report, and argues that its underlying assumptions rest on an idealised version of liberal democratic capitalism in which a dynamic market economy assures ‘win-win’ solutions for all. This implies that there are no tensions between the four ‘pillars’ of legal empowerment identified by CLEP (the rule of law, property rights, labour rights, and business rights). However, in the real world of capitalism, in both democratic and authoritarian versions, there are structural tensions between classes of capital and classes of labour, which result in the economy and its underlying institutional order becoming a key site of contestation. The case of farm labour in rural South Africa is used to illustrate this argument. A focus on legal rights can, however, be ‘empowering’ to a degree, when it helps defend poor people from exploitation and abuse, or is located within broader strategies to eradicate systemic poverty.     

Smallholdings,land law and the politics of land tenure in Papua New Guinea

It has been asserted of Papua New Guinea that the nineteenth and twentieth century expansion of capitalism into that country occurred without the commodification of more than a small amount of land. The various arguments supporting this view are rejected, and the evidence to the contrary is presented. It is shown that from the 1950s smallholder production increases have been substantial, mainly but not wholly in export crops. The role of the state is examined, with particular focus upon the characteristics of state power and the politics of land which have underpinned the increase in smallholder production. Similarities in the quality and application of state power across both colonial and post‐colonial regimes is stressed.