Whipsaw Strike
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Whipsaw Strike
A whipsaw strike (also called a selective strike) is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw". Multi-employer bargaining As unionization spreads in an industry, unions often attempt to encourage employers in that industry to bargain as a group. The goal is to negotiate an industry-wide contract which equalizes pay across employers, forcing businesses to compete on the basis of quality, innovation, and occupational safety and health.Brisbin, ''A Strike Like No Other Strike: Law and Resistance During the Pittston Coal Strike of 1989-1990,'' 2002. This activity is known as multi-employer bargaining. Multi-employer bargaining has been common in the United States and other countries since the 1880s. It is more common in heavily unionized industries such as construction, ...
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Strike Action
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to Labor (economics), work. A strike usually takes place in response to grievance (labour), employee grievances. Strikes became common during the Industrial Revolution, when Labour economics, mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries. Strikes are sometimes used to pressure governments to change policies. Occasionally, strikes destabilize ...
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Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east and the Pacific Ocean to the west. Chile covers an area of , with a population of 17.5 million as of 2017. It shares land borders with Peru to the north, Bolivia to the north-east, Argentina to the east, and the Drake Passage in the far south. Chile also controls the Pacific islands of Juan Fernández, Isla Salas y Gómez, Desventuradas, and Easter Island in Oceania. It also claims about of Antarctica under the Chilean Antarctic Territory. The country's capital and largest city is Santiago, and its national language is Spanish. Spain conquered and colonized the region in the mid-16th century, replacing Inca rule, but failing to conquer the independent Mapuche who inhabited what is now south-central Chile. In 1818, after declaring in ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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NLRB V
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., with over 30 regional, sub-regional and residen ...
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National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, in ...
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Unfair Labor Practice
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). Schlesinger Jr., Arthur M. ''The Age of Roosevelt: The Coming of the New Deal: 1933–1935.'' Boston: Houghton Mifflin Co., 1958, p. 400-406. Definition of "unfair labor practice" The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to: *interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists *to dominate or interfere with the formation or administration of a labor organization *to discriminate against an employee from engaging in c ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Strikebreakers
A strikebreaker (sometimes called a scab, blackleg, or knobstick) is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers (union members or not) who cross picket lines to work. The use of strikebreakers is a worldwide phenomenon; many countries have passed laws outlawing their use to give more power to unionized workers. , strikebreakers were used far more frequently in the United States than in other industrialized countries. International law The right to strike is not expressly mentioned in any convention of the International Labour Organization (ILO) the ILO's Freedom of Association Committee established principles on the right to strike through rulings. Among human rights treaties, only the International Covenant on Economic, Social and Cultural Rights contains a clause ...
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Lockout (industry)
A lockout is a work stoppage or denial of employment initiated by the management of a company during a labour dispute. In contrast to a strike, in which employees refuse to work, a lockout is initiated by employers or industry owners. Lockouts are usually implemented by simply refusing to admit employees onto company premises, and may include changing locks or hiring security guards for the premises. Other implementations include a fine for showing up, or a simple refusal of clocking in on the time clock. For these reasons, lockouts are referred to as the antithesis of strikes. Lockouts are common in major league sports, many of which operate as legalized cartels. In the United States and Canada, the National Football League, Major League Baseball, the National Basketball Association, and the National Hockey League have all experienced lockouts. Causes A lockout is generally an attempt to enforce specific terms of employment upon a group of employees during a dispute. It is ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering the Río de la Plata to the south and the Atlantic Ocean to the southeast. It is part of the Southern Cone region of South America. Uruguay covers an area of approximately and has a population of an estimated 3.4 million, of whom around 2 million live in the metropolitan area of its capital and largest city, Montevideo. The area that became Uruguay was first inhabited by groups of hunter–gatherers 13,000 years ago. The predominant tribe at the moment of the arrival of Europeans was the Charrúa people, when the Portuguese first established Colónia do Sacramento in 1680; Uruguay was colonized by Europeans late relative to neighboring countries. The Spanish founded Montevideo as a military stronghold in the early 18th century bec ...
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Peru
, image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Firm and Happy for the Union" , national_anthem = "National Anthem of Peru" , march = "March of Flags" , image_map = PER orthographic.svg , map_caption = , image_map2 = , capital = Lima , coordinates = , largest_city = capital , official_languages = Peruvian Spanish, Spanish , languages_type = Co-official languages , languages = , ethnic_groups = , ethnic_groups_year = 2017 , demonym = Peruvians, Peruvian , government_type = Unitary state, Unitary Semi-presidential system, semi-presidential republic , leader_title1 = President of Peru, President ...
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