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Sihlahla, Kyllikki Taina Niita Ndangi. "Perceptions on the impact of strikes on productivity at selected mines in the mining sector of Namibia." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2081.
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Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2016.<br>The mining sector has been the backbone of the Namibian economy since Namibia attained its independence. However, the disruptive nature of the numerous strikes that are experienced in the mining sector has prompted this study that explores the perceptions held by different stakeholders on the impact of strikes on the productivity of three selected mines in Namibia. The selected mines are Langer Heinrich mine, Navachab Gold mine and Skorpion Zinc mine. Labour disputes in Namibia’s mining sector have a long history dating back to the colonial era. A myriad of factors that include, amongst others, poor remuneration, unfair labour practices, poor social and housing amenities, perceived discrimination and harsh working conditions are major triggers for mining sector strikes. Strikes are mostly conducted by employees when they fail to amicably resolve a labour dispute with their employers. Employees are normally perceived as the backbone of any organisation. Conflicts, however, are part of human nature and can only be avoided, in most cases, if people are conscious of the consequences of their actions and reactions, hence, the need to explore the perceptions of stakeholders on the impact of strikes on the productivity of the selected mines.
Human perceptions are dynamic in nature. Irrespective of this fact, in this research questionnaires were administered to obtain the perceptions of mine management, miners and trade union members on the effects of strikes on the productivity of the three selected mines. A different questionnaire was designed to gather the views of the Ministry of Labour and Social Welfare (MLSW) officials since in most cases they are involved in conciliating the disputing parties. Generally, strikes have negative impacts not only on the organisation concerned, but also on the Namibian economy at large. The mines selected for this research are situated in the Khomas, Erongo and Karas regions of Namibia. Most mining companies in Namibia are located in Erongo and Karas, whereas Windhoek, which is in the Khomas region, mainly houses some of these mines headquarters.
A five-point Likert scale was used to gather data in the survey. Specialised software called Statistical Program for Social Scientists (SPSS) was then used to analyse the data. Although the results indicate that in most cases the striking parties are aware of the adverse effects of strikes on productivity of the mines, they still opt to use strikes as a bargaining weapon. Since conflicts are always bound to arise where two or more parties interact, this study recommends that there should always be a conciliator who tries to amicably resolve disputes by sensitising each party on the consequences of strikes. The study also recommends a model which emphasises the need to thoroughly inform the mineworkers and the mine management on the ripple effects of strikes and on the need to achieve a win-win situation for all the parties that are involved in a conflict. The model emphasises that although the employees and the employers can individually and separately approach the official, which is the MLSW, such official should always provide open feedback to the feuding parties through a tripartite negotiation forum, otherwise any other type of covert feedback may be misinterpreted as bias by one of the feuding parties. The model further explains that at all times direct negotiations between employees and their employers must be kept open, as it is possible that agreements that can reduce strike action may be reached without necessarily engaging a third party.
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Schultz, Jay D. "Inter-industry effects of labor strikes : using stock market data to measure costs across industries /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3013021.
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Sullivan, Lila E. Riegle Rodney P. "Teacher strikes a metaphorical analysis /." Normal, Ill. Illinois State University, 1992. http://wwwlib.umi.com/cr/ilstu/fullcit?p9227175.
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Thesis (Ed. D.)--Illinois State University, 1992.<br>Title from title page screen, viewed January 18, 2006. Dissertation Committee: Rodney P. Riegle (chair), Paul Baker, Richard Berg, J. Christopher Eisele, D. Michael Risen. Includes bibliographical references (leaves 193-201) and abstract. Also available in print.
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Grigor, Marius Hugo. "Strikes in the transport sector." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021100.
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Strike action by employees is globally used in matters of mutual interest in order to place pressure on employers to meet their demands although the right to strike is not contained in any of the International Labour Organisation’s (ILO) conventions or recommendations. Two conventions of the ILO are however relevant in the context of strikes and lockouts.1 The first is the Freedom of Association and Protection of the Right to Organise Convention 87 of 1948 and the second convention of importance is the Right to Organise and Collective Bargaining Convention 98 of 1949, both of which was ratified by South Africa and accordingly binds South Africa to comply with their provisions. The ILO appointed legal experts to assist the drafters of the Labour Relations Act,2 (LRA) in order to comply with these conventions. Furthermore section 3 of the LRA provides that the LRA must be interpreted in compliance with the international law obligations of South Africa. Section 27 of the Interim Constitution3 made provision for both the right to strike and the right of employers to lockout. In the proposed text of the final Constitution the recourse of the employer to lockout was not included. The text of the final Constitution was submitted to the Constitutional Court (CC) for certification in that it had to decide whether the new text of the final Constitution complied with the constitutional principles agreed to by the different political parties as the inviolable framework for the final Constitution. The CC delivered its judgment in Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa4 and concluded that the omission of a right to lockout from the final Constitution does not conflict with constitutional principles. The CC did not agree with the argument, raised by Business South Africa, based on the proposition that the right of employers to lockout is the necessary equivalent to the right of workers to strike and that therefore, in order to treat workers and employers equally, both should be recognized in the new text. The result of this judgment is that employees’ right to strike is expressly protected by section 23 of the Constitution whilst the right of employers to lockout their employees is not expressly entrenched. The employers’ right is however protected by implication through the express protection of the right to bargain collectively in terms of section 23(5) of the Constitution and section 64 of the LRA.
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Chiu, Stephen Wing-kai, and 趙永佳. "Strikes in Hong Kong: a sociological study." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1987. http://hub.hku.hk/bib/B31208150.
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Landry, Laura (Laura Beth) Carleton University Dissertation Law. "Law and labour unrest in Ontario's textile industry; Cornwall, 1936 and Peterborough, 1937." Ottawa.:, 1995.
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Case, Theresa Ann. "Free labor on the southwestern railroads the 1885-1886 Gould system strikes /." Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2002. http://wwwlib.umi.com/cr/utexas/fullcit?p3077430.
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Wood, Geoffrey. "Strikes and stayaways in relation to political developments in South Africa, 1970-1987." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/17233.
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Bibliography: pages 272-298.<br>This study is an attempt to assess the degree to which strikes and stayaways in South Africa are related to broader political developments. Traditional theories of industrial conflict are first evaluated. This is followed by a direct study of industrial conflict in relation to wider political developments in South Africa in the 1970-87 period. The broad themes emerging from these chapters are then compared to established theories pertaining to strike action. The conclusion reached is that certain aspects of theory are of relevance to the South. African situation, but none are adequate in their entirety. It is noted that it is important to include theories covering the nature of broader society to make possible a coherent explanation as to the nature of strikes and stayaways in South Africa. The conclusions reached verify the stated hypothesis that political factors play an important role in determining the nature of strikes and stayaways. Furthermore, it appears evident that this relationship has become stronger over the 1970-87 period, especially following the declaration of the State of Emergency which has severely curtailed most other avenues of peaceful protest.
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Cheng, Kam-po, and 鄭金波. "The strikes in Hong Kong during the 1920s." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46701370.
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Kumalo, Siphokazi Lucille. "The influence of teachers' strikes on matriculation results." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4090.
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The majority of South African public schools are not performing well and this is particularly true of the schools in the Eastern Cape Province. Many factors including teacher union strikes contributed to this situation. Teachers’ unions went on strike without considering the rights of learners. The aim of this research was to determine the extent to which teachers’ unionized strikes influence the quality of teaching and learning at selected high schools of Port Elizabeth in the Eastern Cape Province and to determine ways in which the teacher unions can also protect the rights of learners to achieve quality education in these selected high schools. The research consists of a study of relevant literature, followed by a qualitative research design. The sample group consisted of Grade 12 teachers, deputy principals and site stewards from four high schools in the Port Elizabeth District. The researcher trusts that her understanding as presented in the research findings and recommendations will benefit not only herself but will empower all the teacher unions’ members and learners coping with the stress of teaching and learning at times of strikes.
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Nam, Hwasook Bergquist. "Labor's place in South Korean development : shipbuilding workers, capital, and the state, 1960-79 /." Thesis, Connect to this title online; UW restricted, 2003. http://hdl.handle.net/1773/10363.
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Tousseau, Année Vos Tim P. "Framing the writers strike a comparison of newspaper coverage of the 2007-2008 Writers Guild of America strike /." Diss., Columbia, Mo. : University of Missouri--Columbia, 2009. http://hdl.handle.net/10355/6481.
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Title from PDF of title page (University of Missouri--Columbia, viewed on Feb 19, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Thesis advisor: Dr. Tim P. Vos. Includes bibliographical references.
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Case, Bridgette Dawn. "The Women's Protective Union: union women activists in a union town, 1890-1929." Thesis, Montana State University, 2004. http://etd.lib.montana.edu/etd/2004/case/CaseB1204.pdf.
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Ledesma, Irene. "Unlikely strikers : Mexican American women in strike activity in Texas, 1919-1974 /." The Ohio State University, 1992. http://catalog.hathitrust.org/api/volumes/oclc/28883215.html.
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Pfeiffer, Christiane. "Das System des Arbeitskampfrechts am Beispiel der Arbeitskampfmittel der Arbeitgeber /." Lohmar ; Köln : Eul, 2006. http://deposit.d-nb.de/cgi-bin/dokserv?id=2841442&prov=M&dok_var=1&dok_ext=htm.
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Paukner, Katharina. "Streikrecht entsandter ausländischer Arbeitnehmer im inländischen Betrieb /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/994113064/04.
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De, Bruin Frederik Johannes. "A comparative study on the effectiveness of minimum service agreements within the public service." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020811.
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The principle of the right to strike is Internationally recognised. Although the right to strike is not set out explicitly in the International Labour Organizations (ILO) Conventions and Recommendations. It has been discussed on several occasions in the International Labour Conference during the course of preparatory work on instruments dealing with related topics, but for various reasons this has never given rise to international standards (Conventions or Recommendations) directly governing the right to strike. The ILO has determined that the right to strike can be derived from the right to Freedom of Association. The ILO Committee does however recognises certain limitations on the right to strike such as not finding any objection to national legislation that would prohibit the right to strike of armed or police forces. Both the Committee on Freedom of Association and the Committee of experts were also mindful, where public servants are concerned, that the recognition of the right to association of public servants in no way prejudges the question of the right of public servants to strike. The ILO also makes provision for the establishment of essential services as to ensure the continuation of services were the interruption of such would endanger the life, personal safety or health of the whole or part of the population. In this limitation it however holds that a “minimum safety service” may be imposed to ensure the safety of persons, the prevention of accidents and the safety of machinery and equipment In our Constitution, the supreme law of the Country, the right to strike is enshrined and protected in section 23 under the bill of rights. The Constitution however allows enabling legislation, under specific circumstances, to limit a right listed in section 23. The Labour Relations Act (LRA) places a limitation on the right to strike, specifically providing that no person may take part in a strike if that person is engaged in an essential service. Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. In section 72 of the LRA provision is made for a minimum service within a designated essential service. Therefore, the ambit of the designated essential service is shrunk to the minimum service and those employees who were denied the right to strike while the broader essential service designation was in place, but who fall outside the defined minimum service, regains the right to strike. The concept of minimum services has however became a matter of regular discussion and debate. The concept of minimum services is not defined to the letter but it is regarded as the minimum service an industry or workplace would require as to ensure interruption of services would not endanger the life, personal safety or health of the whole or part of the population. Our legislatures have also been grappling with the concept of essential and minimum services. They have developed a comprehensive set of amendments trying to address some of the concerns in the composition, powers and functions of the Essential Services Committee (ESC). It is debatable if these proposed amendments would bring forth the necessary change to address these concerns or just become a further bureaucratic hindrance and due to the extreme complexity may even pose a limitation on the right to strike. There is also no differentiation made in the current labour legislation and the proposed amendments, between the public service and the private sector in application of the principle of essential and minimum services. Implementation of these principles in the public services has shown to be extremely challenging. Part of the proposed amendments however makes provision for the specific inclusion of government in the composition of the ESC. It is viewed by the drafters, that the introduction of government nominees to be an innovation to ensure that government is adequately represented on the essential services committee in its capacity as an employer, as a high proportion of essential service matters occur within the public service. This may be viewed as contrary to International standards as the ILO makes clear provision for a differentiated interpretation of the right to freedom of association, the right to strike, essential services and minimum services for people performing functions in the name of the State (public servants). The concept of public servant varies considerably from one country to another. Germany within their governance structure makes provision for a differentiation between civil servants and public servants and the labour rights the two groups may have. In France the military, police and prison services does not have the right to strike. In India public service employees have very limited organising and collective bargaining rights. In Brazil the police and the military do not have the right to strike and there are no legal provisions concerning the right to strike for civil servants. This is in strong contrast with the South African model. The South African Constitution and National Legislation does not allow for a differentiation in the application of labour legislation in the public service and the private sector. The application of the principles of labour relations and more specifically that of the right to strike and the determination of essential services must differ in the public services from that of the private sector. The public service is unique in that when workers in strike action it is not a purely defined labour process between an employer and employees but the public at large becomes a third player within the process. When public servants engage in industrial action they do not only deprive the community of certain rights, but indirectly deprive themselves from the same rights. There has been a resistant fear to implement the provisions of minimum services within the designated essential services within the public service, mainly because of the challenges in conceptualization of the practical implementation of the same. The environment created by the LRA does not specifically provide for the unique circumstances of the public service. The right to strike is a fundamental right for workers and therefore public servants won’t forfeit such. There is a recognition that the State needs to deliver services which will necessitate the application of the principle of essential services. However the answer will be in how minimum services is determined within these essential services. An answer that may not necessarily be contained within the Labour Relations Act.
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Martin, Louis C. "Causes and consequences of the 1909-1910 steel strike in the Wheeling district." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=1202.
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Thesis (M.S.)--West Virginia University, 1999.<br>Title from document title page. Document formatted into pages; contains x, 115 p. : ill., map. Includes abstract. Includes bibliographical references (p. 110-115).
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Magalhães, Emerson Alves Irineu. "Imprensa e greve: a greve de 1979 pelas páginas do ABCD Jornal e Folha de São Paulo." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21532.
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Previous issue date: 2018-09-10<br>Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq<br>The present paper studies how two newspapers reported the strikes of 1978, 1979 and 1980, the two newspapers we chose for this were ABCD Jornaland Folha de S. Paulo, the choice of these strikes is due to its repercussion in the media and its unfolding by its leaders in the creations of a political party and a workers, Folha de S. Pauloand ABCD Jornalnewspapers were our sources of research. The Folhathat defended the military civilian regime at its birth will be an opponent of the created legislations and seeks to break with the imposed regime, but always maintaining a legalistic stance, the ABCD Jornalwill have a distinct path some of its idealizers started their fight against the dictatorship imposed on the Brazil with clandestine actions and formation of guerrilla groups, after their arrests this group began a rapprochement of the trade union movement, denouncing the ills suffered by the works through the newspaper that constructed the ABCD Jornal, this will have like the leaf a legalistic stance, each interpreting to the strike movement from his point of view<br>O presente trabalho tem por intuito o estudo de como dois jornais noticiaram as greves de 1978, 1979 e 1980. Os dois jornais escolhidos como fonte de pesquisa foram o ABCD Jornale Folha de S. Paulo.A escolha destas greves como foco do estudo se deu devido a sua repercussão na mídia e seus desdobramentos por parte de seus lideres na criação de um partido político e uma Central dos Trabalhadores. O jornal A Folha,que defendeuo regime civil militar em seu nascimento, será um opositor das legislações criadas e busca romper com o regime imposto, porém, sempre mantendo uma postura legalista. O ABCD Jornalterá um caminho distinto, pois alguns de seus idealizadores iniciaram sua luta contra a ditadura imposta no Brasil com ações clandestinas e com a formação de grupo guerrilheiro. Após suas prisões este grupo iniciou uma reaproximação do movimento sindical, denunciando as mazelas sofridas pelos trabalhadores através do jornal que construíram o ABCD Jornal. O ABCD Jornal teve, assim como a Folha, uma postura legalista, cada um interpretando a lei sob seu ponto e vista
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Butjie, Boitumelo Cordelia. "The effect of the Marikana events on the collective bargaining process in South Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/9239.
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The basic structures of collective bargaining in South Africa have evolved since industrialisation, through the Wiehahn-Commission era until the Farlam one and beyond, resulting in a number of legislative changes from 1924 to 2014. While dealing with collective bargaining, it is not possible to divorce the powerful history of mining from the South African story, from the diamond fields in Kimberley to the discovery of gold on the Witwatersrand in 1886, where the mine employees’ focused on cheap, unskilled labour and migrant system in the 1900s to the tragic events at Marikana in 2012. In the advent of the industry revolution, employment relationships changed as competitive demands placed a great need for advancing economic developments which are often expressed through collective-bargaining. The objective of collective bargaining is to arrive at an agreement between the employer and employees to determine mutually beneficial terms and conditions of employment such agreement may prohibit unions to embark on an industrial action for as long as it is in place. Strikes became important during the Industrial Revolution, when many worked in factories and mines. Often when employees’ demands are not met, they resort to strike action. Strike action is when a number of employees stop rendering their service in protest to express their grievances. These strikes are usually led by labour unions to get better pay, working hours or working conditions during collective bargaining as a last resort. While trade union leadership fails to advance employees’ cause, employees resort to informal alternative structures to negotiate on their behalf. South Africans have a tradition of taking to the streets in protest when unhappy about issues and this tradition did not spring up during the apartheid era but has been around from as early as 1922 to date. Protests in South Africa today draw from past repertoires and at the same time push for new political practices and directions. Strikes are often used to: Pressure governments to change its policies like in the Rand Revolt; Strikes can destabilise the rule of a particular political party like a series of strikes by blacks in the 1970s and 1980s including the 1973 Durban dockworkers and the 1987 miners’ strikes; Strikes are often part of a broader social movement taking the form of a campaign of civil resistance like Treatment Action Campaign and community struggles such Abahlali Base Mjondolo. On the strike issues in South Africa, the researcher draws from the terrible incident that transpired in August 2012 at Lonmin Mine-Marikana and how it has affected the collective bargaining landscape in South Africa. The first real and significant labour unrest, the Witwatersrand miner strike rocked South Africa to the core in 1922 and in 2012, ninety years later the violent strike by the Rock Operational Drillers at Lonmin following the Marikana massacre and as such did not enjoy statutory protection under the LRA because was classified as wildcat strike. Normally, a wildcat strike constitutes a violation of a collective bargaining agreement in place and as such is not protected unless a union joins it and ratifies the protest. The union may, however, discipline its members for participating in a wildcat strike and impose fines. Among other things miners mainly demanded a wage increment of R12500 per month. The fight between AMCU and NUM for organisational rights also found its way into the equation. A strike wave, not only linked to the mining sector, made 2012 the most protest filled year since the end of apartheid, rolled out across South Africa, closing some industrial operations and crippling others. Commentators argue that the strike wave emerged from a landscape of extreme inequality and poverty, made intolerable by the additional financial burdens arising from the migrant labour system. These factors influenced the industrial action and institutions of collective bargaining comprising of both company and union structures and processes, were found wanting in their ability to address the root causes of the crisis. The post-Marikana strike wave made a mark in the workers struggle movement as it drew in thousands of workers to join AMCU and at the same time weakening NUM, the then majority union. The strike led to the rise and growth of AMCU which was seen by miners as the driver for change. The 2012 strike wave and the Marikana massacre not only changed the balance of forces on the ground against the NUM, but also generated divisions within COSATU. The divisions were between those who decided to remain deaf to the workers’ call for transformation and those who had already realised that a decisive turn in economic policy was needed to avoid a social, economic and political crisis. In the aftermath of the strike, a number community struggles increased as 2012 began and on the other side, a number of splinter groups from COSATU mushroomed which was hobbled by in fights. NUM’s collapse is indeed part of a series of recent failures for COSATU.
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Glock, Philipp. "Requirements of industrial action in South Africa and Germany: a comparison." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4394_1182224745.
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<p>This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries.</p>
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Oskarsson, Sven. "The Fate of Organized Labor : Explaining Unionization, Wage Inequality, and Strikes across Time and Space." Doctoral thesis, Uppsala : Department of Government, Uppsala University, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-3804.
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Brown, Steven Raymond. "Labor relations in the NBA the analysis of labor conflicts between owners, players and management from 1998-2006 /." Diss., Connect to the thesis, 2007. http://hdl.handle.net/10066/988.
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Malik, Anushay. "Narrowing politics : the labour movement in Lahore, 1947-1974." Thesis, SOAS, University of London, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675413.
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Ponce, Pedro Augusto. "Ciclos de greves : o peso da variável salarial na literatura nacional e internacional de greves." Universidade Federal de São Carlos, 2010. https://repositorio.ufscar.br/handle/ufscar/1009.
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Previous issue date: 2010-03-11<br>This research continues the study of strikes and collective action in Brazil. From the conception that the strikes have a cyclical character, determination of complex and changeable, this study shows the weight that the variable pay - traditionally seen as the main determinant of strikes - has in determining the conflict at different times given. The salary issue is in Brazil and the world's central theme of labor relations, but is not, in most cases, the main determinant of the phenomenon striker. In the theories of collective action and strikes a set of variables competes in explanatory power. In Brazil, for example, from the inaugural 1978 strikes, most of the demands of national strikes have been directly or indirectly pay, it does not presume that only wages could explain the reduction or expansion in the number of strikes. Through a mapping of national and international discussion of the topic and theoretical and methodological assumptions that guide this work, we try to compare the weight given to variable pay relative to other explanatory variables such as inflation and unemployment in determining the conflict industrial. To achieve this purpose, is part of the main explanations of cycles European, American, Latin American and national strikes, the authors grouped according to year and location of the debate. But this general observation hides different approaches that establish causal relationships or no causation between the variables considered. Thus, the American model said the strikes fall when unemployment is rising which is not shown to be true for Europe. On this continent, the wages seem to figure in the background, sometimes as a result of unemployment, as shown by the Danish case. In Brazil noted that the wages figured in the foreground and led to the outbreak of strikes in 1978 does not mean that they explain, by itself, the expansion or reduction of labor.<br>Esta pesquisa visa aos estudos de greves e ação coletiva no Brasil. A partir da concepção de que as greves têm um caráter cíclico, de determinação complexa e mutável, este estudo aponta o peso que a variável salário - tradicionalmente examinada pela literatura, tem na determinação dos conflitos, em diferentes tempos dados. A questão salarial é no Brasil e no mundo o tema central das relações de trabalho, porém não é, na maior parte dos casos, o principal determinante do fenômeno grevista. Nas teorias de ação coletiva e de greves um conjunto de variáveis concorre em poder explicativo. Por meio de um mapeamento da discussão internacional e nacional do tema e dos pressupostos teóricos e metodológicos que norteiam esses trabalhos, busca-se a comparação do peso dado à variável salário em relação a outras variáveis explicativas, como inflação e desemprego, na determinação do conflito industrial. Para atingir o objetivo proposto, parte-se das principais explicações dos ciclos europeus, americanos, latinoamericanos de greves, agrupando os autores segundo o ano e a localidade do debate. A análise que emerge deste estudo aponta primeiramente para a consideração geral de que variáveis microeconômicas ou macroeconômicas e sociopolíticas operam diferentemente em contextos diferentes. Mas essa constatação genérica esconde diferentes abordagens que estabelecem relações de causalidade ou de não causalidade entre as variáveis consideradas. Assim, modelos americanos afirmaram que as greves caem quando o desemprego aumenta o que não mostrou ser verdadeiro para a Europa. Neste continente, questões salariais pareceram figurar em segundo plano, às vezes em decorrência do desemprego, como mostrou o caso dinamarquês. No Brasil constatar que questões salariais figuraram em primeiro plano e motivaram a eclosão das greves em 1978 não significa dizer que elas expliquem, por si só, a expansão ou a redução do conflito trabalhista.
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Campanini, Andrei Felipe 1988. "Entre usos e abusos do direito de greve : Assembléia Constituinte de 1946 e paralisação do trabalho." [s.n.], 2015. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279616.
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Previous issue date: 2015<br>Resumo: A presente dissertação estuda as batalhas sociais, legislativas e jurídicas que culminaram no reconhecimento do direito de greve, com a promulgação da Constituição Federal de 1946, e na regulação do seu exercício pelo decreto-lei nº 9.070, de março do mesmo ano. Ela inquiriu a construção dos dispositivos legais sobre a greve como rebento de um complexo processo sociopolítico, em cuja tessitura trabalhadores e patrões tiveram seu grau, evidentemente desproporcional, de participação. E, simultaneamente, sugeriu os modos pelos quais essa legislação e seus instrumentos de aplicação puderam ser compreendidos e reinterpretados pela classe trabalhadora, que estava ciente e em negociação com os programas defendidos pelos patrões ou pelo intervencionismo estatal. Durante o percurso analítico, foram consultados os anais da Assembleia Constituinte de 1946 e os diplomas normativos que disciplinaram as paredes no período. De maneira complementar, foram cotejadas outras fontes de discussão legislativa e judiciária, sobretudo compêndios de juristas e artigos de periódicos especializados em Direito Social, como o "Boletim do Ministério do Trabalho, Indústria e Comércio", a "Legislação do Trabalho", a "Justiça do Trabalho" e a "Revista Forense".<br>Abstract: The present work is a study of the social, legislative and legal struggles that led to the right to strike, with the enactment of the Brazilian Federal Constitution of 1946, and to its regulation by the Decree No 9.070, in March of the same year. This research investigates the construction of the legal devices on strikes as a result of a complex socio-political process, of which both employees and employers took part (of course, not equally). Moreover, it analyzes how the organized working class, aware of the programs defended by both the State interventionism and the employers, could receive these legal devices and could negotiate about them. During the development of the research, the annals of the Constituent Assembly of 1946 were consulted as well as the regulatory instruments of the strikes at that time. Some jurists¿ books and magazines specialized in Social Rights were also consulted, such as the "Boletim do Ministério do Trabalho, Indústria e Comércio", "Legislação do Trabalho", "Justiça do Trabalho" and the "Revista Forense"<br>Mestrado<br>Historia Social<br>Mestre em História
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Milner, Lisa Gow K. Levy Jerome Disher Norma. "We film the facts the Waterside Workers' Federation Film Unit, 1953-1958 /." Access electronically, 2000. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20070410.120748/index.html.
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WARNER, L. MARGARET. "THE PERCEPTIONS OF TEACHERS ON THE PICKET LINE AND IN THE CLASSROOM DURING A TEACHER STRIKE (PHENOMENOLOGY, THREAT-ANXIETY, RELATIONAL, REFERENCE GROUPS, SELF-ADEQUACY)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187988.
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This study examined the perceptions of teachers on the picket line and in the classroom during the 1978 Tucson Unified School District teacher strike and the perceptions and relationships they experienced. Literature from sociology, psychology and education was reviewed to develop the theoretical framework. It is recognized in the literature that theory has utility in designing, shaping and organizing research, giving meaning to data and summarizing and interpreting the findings. The theoretical framework was comprised of two sections: the perceptual and the relational. In the perceptual, self-adequacy, self-concept and threat-anxiety were included. In the relational, communication, shared interests and reference groups were included. An interview schedule of twenty-one items based on the theoretical framework was developed and administered to forty selected school district teachers. The twenty-one questions were derived from the two major sections and the six subsections of the theoretical framework. Some demographic data were also collected. Strikers and non-strikers agreed more than they disagreed. There was general agreement among both strikers and non-strikers that human relationships were handled so ineptly by the superintendent and school board that the teachers perceived themselves to be demeaned and held unworthy.
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Hartley, Daniel. "Effects of work stoppages at selected steel mills on production and safety systems." Morgantown, W. Va. : [West Virginia University Libraries], 2001. http://etd.wvu.edu/templates/showETD.cfm?recnum=1906.
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Thesis (Ed. D.)--West Virginia University, 2001.<br>Title from document title page. Document formatted into pages; contains xxxviii, 330 p. : ill. Includes abstract. Includes bibliographical references (p. 327-330).
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Gathongo, Johana Kambo. "The substantive and procedural limitations on the constitutional right to strike." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021205.
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This treatise discusses the increasing of the procedural and substantive limitations on the employees’ right to strike. The Constitution permits the right to strike to be limited in terms of the laws of general application. The Labour Relations Act (LRA) is a good example. Such limitation must be reasonable and justifiable in an open and democratic society, based on human dignity, equality and freedom. The study sought to investigate whether further increasing the existing limitations on the right to strike unduly breaches employees’ Constitutional right to strike and the purpose of the LRA. Further, the study sought to find out whether the additional content requirements in the strike notice amount to importing into the LRA additional limitations on the fundamental right to strike that enjoys no textual support. Through an extensive literature review, the findings arguably show that indeed further increasing the limitations on the employees’ right to strike may unduly infringe their right to strike. Moreover, the increase of the content requirements in a strike notice creates an unnecessary hurdle to employees wishing to strike. One of the most important finding made is that instead further increasing the limitations on the right to strike, going back to the basics of negotiation to alleviate strikes, particularly wage-related strikes is vital. To achieve this, it is important for employers to re-establish social and individual relationships with their employees, whereby they become aware of the issues that employees face on a daily basis. Also, establishing proper workplace dialogue and forums would assist employers in becoming aware of employees concerns. This would thereby prevent strikes, as problems can be dealt with beforehand. The findings above informed in the recommendations at the end of the study.
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Mgubo, Xolelwa. "The effects of industrial labour disputes on development in South Africa." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14014.
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On 16 August 2012, the South African Police Service fired upon striking miners in Marikana, South Africa, resulting in the death of 34 mineworkers. The purpose of this study is to examine the effects of protracted violent industrial labour disputes on socio-economic development in South Africa. The study explores the root causes of labour disputes in Marikana and considers strategies that can be employed to avoid similar violent and destabilising strikes in the mining and other industries. This research confirms that presumably the pursuit of wage increase is still the primary cause of violent strikes in the country. Furthermore, the research shows clearly that working hours, work conditions, sympathy, and demands from employees and trade unions are major causes of labour disputes. The findings also show that amongst other things participation of employees in work related issues like policy formulation can reduce prevalence of labour disputes. The study also reveals that communication between workers and employees in work places can help both parties to discuss issues before extreme measures are taken.
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Renner, James Joseph. "The 1981 Mariemont Teachers' Strike: A Lesson in Leadership." Oxford, Ohio : Miami University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1082141966.
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Matthews, Mary Catherine. "Working for family, nation and God : paternalism and the Dupuis Frères department store, Montreal, 1926-1952." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20445.
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From 1868 to 1978, the Dupuis Freres department store serviced the French Montreal community from its headquarters on St. Catherine Street, east of Saint Laurent. This thesis looks at the management strategies of Dupuis Freres through its employee newspaper, Le Duprex, from 1926 to 1946, and then at their collapse with the Dupuis Freres strike in 1952. The Dupuis Freres management retained the loyalty of its employees by using a combination of paternalism and welfare capitalism. The company supported a union, organized leisure activities, provided sales incentives and rewarded loyalty financially and socially. In addition, the store integrated its French Canadian and Catholic identity with its employees' understanding of their work to impart cultural meaning to their employment. Dupuis Freres equated support for the company with the success of the French Canadian people, and its connections with the Catholic clergy added a sacred element to its enterprise. Dupuis Freres strike in 1952 divided French Canadians along class lines, and those who supported the workers were seen by neo-nationalists as doing so at the expense of French Canadian survival.
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Crompton, Mark Stanley. "An appraisal of strike law in South Africa." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/379.
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The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.
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Rikwe, Zoliswa. "The effectiveness of the mechanisms to manage strikes in essential services in the public health sector, Western Cape, South Africa." Thesis, Cape Peninsula University of Technology, 2018. http://hdl.handle.net/20.500.11838/2875.
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Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2018.<br>The principle of the right to strike is internationally documented, as determined by the Committee on Freedom of Association. In South Africa, the right to strike is enshrined and protected in Section 23 of the country's Constitution under its Bill of Rights. Under specific circumstances, the Constitution allows for legislation to limit a right listed in Section 23. At the same time, the Constitution guarantees that everyone has the right to life and health care services. South African industrial action is regulated by the Labour Relations Act (LRA) No. 66 of 1995, as amended, which precludes workers who are employed in essential services from striking, because interruption of these services may endanger lives. However, the LRA also provides for the conclusion of a Minimum Service Agreement (MSA), where minimum services replace essential services. No MSA has been ratified since the LRA was promulgated in 1995. It is on this premise that the author investigated the mechanisms which have been put in place to create a balance between the right to strike and the need to provide essential services in the event of a strike. This study used a qualitative research design. Open-ended questionnaires were distributed to the target research sample. Purposive sampling was applied to a total of 30 participants who were selected from the Western Cape Department of Health's essential services. The qualitative data was analysed using theme identification to make sense of the findings. The research results reveal that employees who are providing essential services have the right to strike only if certain conditions are met. One of these conditions is the conclusion of a Minimum Service Agreement (MSA) to ensure a balance between the rights of health workers to strike and the rights of citizens to be provided with health care services. This agreement provides the duties and responsibilities of the employer and employees for the continuation of minimum services in the event of a public sector strike to ensure that service delivery is not interrupted. Specific recommendations are made by the researcher regarding the MSA, and measures are discussed to ensure that the minimum services within essential services remain operational in the event of a public sector strike.
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Johal, Rupinder K. "Responses to change, labour, capital and the state; a study of the Montreal working class through an examinaton of strikes and lockouts in Montreal, 1901-1914." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0007/MQ42637.pdf.
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Ferreira, José Ferdinando Ramos. "Trabalhadores em greve no Brasil e a formação da consciência = do capitalismo "keynesiano" para a liberalização do capital e reestruturaçao produtiva." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/251205.
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Orientador: Salvador Antonio Meireles Sandoval<br>Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Educação<br>Made available in DSpace on 2018-08-18T11:19:37Z (GMT). No. of bitstreams: 1
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Previous issue date: 2011<br>Resumo: O estudo se refere às relações de trabalho no Brasil, dadas a partir das fábricas, como um conjunto de arranjos que podem ser institucionais ou não, e que organizam as relações sociais de produção em locais de trabalho. Assim, a passagem do capitalismo competitivo para o monopolista, a reestruturação das atividades produtivas não só afetam como transformam as relações de trabalho. Na sociedade de classes, em que as relações de trabalho se apresentam como relações de exploração e de dominação, por meio de arranjos institucionais (aqui chamados de acordo ou negociações) são tomadas decisões acerca do trabalho. Essas decisões expressam relações de poder, capacidade de pressão de grupos sociais (como os sindicatos) na luta pela defesa de direitos (demandas). As relações de trabalho (na sociedade capitalista) caracterizam-se por relações de assalariamento. Na perspectiva marxista por relações de exploração ou de extração de sobre trabalho (mais valia) pelo capitalista que tem por objetivo a realização do valor (a acumulação do capital). Os interesses contraditórios permitem a construção de relações de conflito ou de consenso no processo de trabalho. O consenso, de forma geral, resulta da coerção. O caráter conflituoso das relações de trabalho e suas possibilidades de tornar-se aberto, visível, dando origem aos processos de resistência (como a greve) é o foco desta pesquisa. A greve é tomada como uma ação coletiva que permite a construção de processos de pertencimento de consciência de classe e que também possibilita a mudança nas relações sociais de produção. A questão central que orienta a análise é indagar os alcances e os limites da greve (na dimensão apontada) na sociedade brasileira contemporânea.<br>Abstract: The study concerns industrial relations in Brazil, taking place in factories, as a set of arrangements which may or not be constitutional and which organize the social relations of production at the workplace. Thus, the change from a competitive capitalism to a monopolistic sort and the restructuring of the productive activities not only affect but also transform industrial relations. In the class society, in which industrial relations present themselves as relations of exploitation and domination, by means of institutional arrangements (herein referred to as agreement or negotiation), decisions concerning labor are made. Such decisions express power relations, and the capacity to exert social group pressure (such as labor unions) in the struggle for the defense of rights (demands). The industrial relations (in the capitalist society) are characterized by salary relations. In the marxist perspective, they are characterized by relations of exploitation and surplus labor (surplus value) on the part of the capitalist, whose aim is the realization of value (accumulation of capital). The opposing interests between capital and labor lead to relations of either conflict or consensus in the industrial process. Consensus, on the whole, results from coercion. The conflicting nature of industrial relations and the possibility of their becoming open, visible, allowing for processes of resistance (such as strikes) is the focus of this research. Strikes are taken as collective actions which allow for the constructions of processes of belonging class awareness and which enables changes to take place in the social industrial relations. The central question which guides the analysis is to question the ranges and the limits of strikes (in the dimension pointed out herein) in contemporary Brazilian society.<br>Mestrado<br>Educação, Sociedade, Politica e Cultura<br>Mestre em Educação
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Petersen, Emelda. "A theoretical framework for the labour relations between the farmer and farm workers during industrial strike actions." Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2671.
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Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2017.<br>The purpose of this study was to analyse the labour relations of the workers in the agricultural sector, with reference to the De Doors area in the Western Cape.
Despite the political, social and economic changes to better the lives of the farm workers that have been implemented to rectify the inequalities of the past, the labour conditions on farms stayed unchanged. It is evident that there is a gap in the labour relations in the agricultural sector, due to the 2012/13 strike actions that took place.
Qualitative research methodology was employed in the study; it provided the researcher with the opportunity to personally interact with the farm workers. It further allowed the researcher to gain a holistic understanding of the daily lives of the farm workers which would foster a better understanding of their daily struggles. Interviews were used as method of data collection. This methodology also enables the researcher to interpret and describe the actions of participants.
Good labour relations play a vital role in any industry or organisation. Farm workers are generally classified as vulnerable and the most exploited group of the South African society. They often work irregular hours throughout the year in various weather settings. Regardless of the physical strain that their jobs entail, farm workers earn a low wage and are often deprived of the basic benefits that an employee should be entitled to. This was the reason the farm workers embarked on a strike in 2012/13.
The researcher proposed recommendations to the Agricultural department on how to improve the labour relations on the farms in the De Doorns area by suggesting that more labour inspectors are being employed to oversee that legislation are implemented. Skills Development needs to be become compulsory for all farm workers as farming is becoming more technological. Skills Development unlocks talents and creative energy for the farm workers which have a positive impact on production.
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Mandl, Alexandre Tortorella 1981. "A judicialização dos conflitos coletivos de trabalho : uma análise das greves julgadas pelo TST nos anos 2000." [s.n.], 2014. http://repositorio.unicamp.br/jspui/handle/REPOSIP/286443.
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Orientador: José Dari Krein<br>Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Economia<br>Made available in DSpace on 2018-08-24T21:56:15Z (GMT). No. of bitstreams: 1
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Previous issue date: 2014<br>Resumo: O objetivo desta pesquisa de mestrado é a análise da judicialização das greves nos anos 2000, expondo as ações e reações institucionais da Justiça do Trabalho. Num cenário de alterações do mercado de trabalho durante os anos 2000, cerca de 30% das greves foram solucionadas pela Justiça do Trabalho. Quais os motivos que levaram à greve ser judicializada? Quais os instrumentos jurídicos utilizados? Como atuaram os atores do Poder Judiciário diante da judicialização da greve? Como o Poder Judiciário julgou as greves? Como podem ser avaliados os resultados decorrentes da judicialização das greves? As causas e efeitos da judicialização das greves são importantes instrumentos de análise para complementar a compreensão das alterações da estrutura do mercado de trabalho, bem como do sentido da regulação trabalhista, do poder normativo da Justiça do Trabalho e das ações sindicais. A presente hipótese assevera que não é porque há uma queda da taxa de judicialização dos dissídios coletivos que a Justiça do Trabalho está "menos presente" nas relações de trabalho. Pelo contrário, o desafio é compreender, com qual caráter, com qual conteúdo e com quais instrumentos que a Justiça do Trabalho (especificamente, o TST) está decidindo sobre o direito de greve, considerando as alterações decorrentes da EC nº 45/04, em especial pelo crescimento de ações de interditos proibitórios<br>Abstract: The objective of this master¿s thesis is to analyze the judicialization of workers¿ strikes in the 2000s, revealing the institutional actions and reactions of the Labor Courts. In a context of changes in the labor market during the 2000s, around 30% of the strikes were decided by the Labor Courts. What were the reasons that led the strikes to be judicialized? What were the legal instruments used? How did the actors in the Judiciary act in relation to the judicialization of the strikes? What did the Judiciary decide about the strikes? How can the results stemming from the judicialization of the strikes be evaluated? The causes and effects of the judicialization of the strikes are important analytical instruments to complement the comprehension of the changes in the labor market structure, as well as the direction of labor regulation, of the normative power of the Labor Courts and of the trade union activity. The hypothesis presented here is that, although there is a fall in the judicialization rates of the collective bargaining agreements, the Labor Courts are not "less prevalent" in labor relations. On the contrary, the challenge is to comprehend the characteristics, the content and the instruments that the Labor Courts (specifically the TST ¿ Supreme Labor Court) are using to make their decisions on the right to strike, taking into account the changes stemming from the Constitutional Amendment n.45/2004, especially the increase of prohibitory interdicts<br>Mestrado<br>Economia Social e do Trabalho<br>Mestre em Desenvolvimento Econômico
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Norquist, Jordan Faith. "RevolutionärInnen am Fließband: a Comparative Gendered Analysis of the 1973 Pierburg and Ford Migrant Labor Strikes." PDXScholar, 2019. https://pdxscholar.library.pdx.edu/open_access_etds/4824.
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In the years following the end of the Second World War, the Federal Republic of Germany experienced a "golden age" of economic upturn. Due to the labor shortage in the aftermath of war and the division of Germany, West Germany initially looked to its eastern counterpart, the German Democratic Republic, to meet its labor needs in the immediate postwar years. Once East Germany tightened its border control, the Federal Republic of Germany extended bilateral agreements to Southern Mediterranean countries to meet the nation's labor needs. Italy was the first official nation to have a bilateral work agreement with West Germany in 1955, yet by the end of the labor program, the greatest population of "guest workers" in West Germany were Turkish nationals. The West German public initially heralded the arrival of guest workers as a boon, but by the program's end in November of 1973, the West German press reviled the Turkish migrant worker as they gradually moved out of isolated company employee barracks into single apartments, often with families or spouses joining them from Turkey. In spite of a lack of rights on West German soil, the year of 1973 was witness to a swell in migrant political activity, in the form of unsanctioned labor strikes.
Utilizing two of these strikes, this thesis will compare the strategies, support, opposition, and success of the Ford Cologne (Ford Köln-Niehl) Factory strike and the Pierburg factory strike in Neuss. In both instances, the degree of support by ethnic German coworkers and factory management influenced the success of the strike. Additionally, this analysis will demonstrate that gender, in concert with nationality, negatively affected the results of the Ford Cologne Strike by way of public reception, while the negotiation of the Pierburg strike through a gendered lens aided woman migrant workers in the cooperation of factory management, the worker's council, union, and the West German public. Regardless of the strikes' outcomes, the significance of the labor strikes of 1973 is emblematic of both the lack of human rights afforded migrant workers in West Germany at the time and the persistent determination of blue-collar migrant workers to claim space for themselves and their families.
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Wood, Geoffrey Thomas. "Comprehending strike action: the South African experience c.1950-1990 and the theoretical implications thereof." Thesis, Rhodes University, 1995. http://hdl.handle.net/10962/d1003107.
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Regular strike action has become a central characteristic of the South African industrial relations system. Whilst in the 1950s strikes were mostly isolated outbursts of relatively short duration, strikes in the 1980s were challenges of unprecedented duration and intensity. It is argued that despite this dramatic change, reflecting a series of discontinuities in both the political and economic arenas, strike action in South Africa does follow distinct patterns, and can be ascribed to a combination of identifiable causes. Principal causal factors include wage aspirations, past experiences and the subjective interpretation thereof, and the role of the union movement. Contingent factors include the prevailing political climate, industrial relations legislation, the amount of information opposing sides possess of their adversaries' intentions as well as spatial issues, such as the internal dynamics of individual communities. Partially as a result of South Africa's political transformation, the late 1980s and early 1990s saw further changes in the industrial relations environment. Reflecting these developments, it is argued that a new type of trade unionism has developed, "coterminous unionism" . This will have far-reaching implications for the nature of industrial conflict. However, it falls fully within the theoretical parameters outlined in this thesis. Despite significant developments in social theory in the 1980s and 1990s, there have been few attempts accordingly to update theories of strike action. One of the objectives of this thesis has been to attempt such an update. It is hoped that the constructs developed will shed light on a widely prevalent form of social conflict, assist in the analysis of future outbreaks, and enable the identification of those situations where a high propensity to engage in strike action may exist.
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Nengovhela, Livhuwani Adolphus. "The contribution of the Labour Court to the development of strike law." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/430.
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The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
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Matthews, Mary Catherine. "Working for family, nation and God, paternalism and the Dupuis Freres department store, Montreal, 1926-1952." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0001/MQ43913.pdf.
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Bailey, Rebecca J. "Matewan before the massacre : politics, coal, and the roots of conflict in a West Virginia mining community /." Morgantown : West Virginia University Press, 2008. http://www.loc.gov/catdir/toc/fy0903/2008936435.html.
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Orlandi, Nelia. "The 1999 public service wage dispute and strike." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51934.
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Thesis (MBA)--Stellenbosch University, 2000.<br>Some digitised pages may appear cut off due to the condition of the original hard copy.<br>ENGLISH ABSTRACT:
This assignment explores the issues surrounding conflict resolution in the South
African Public Service and the expression of organised conflict with reference to the
1999 Public service wage dispute and strikes. The public service being part of the
generic framework of the public sector is, in terms of employment, South Africa's
single, largest employer. National Departments and Provinces reflect almost 70% of
the Public Sector.
Employment in the public sector used to be considered relatively stable and secure.
Public sector employees were thus not seen as requiring protection from
retrenchment. Employees had no bargaining rights and functioned outside the ambit
of the Labour Relations Act (No 24 of 1956).
In 1994, the Government of National Unity realized the importance of the South
African public service, the major role it had to play in the reconciliation, reconstruction
and development process in South Africa and thus the need for administrative
transformation.
The Public Service Labour Relations Act 1994 was replaced by the new Labour
Relations Act (No 66 of 1995) in 1995. This Act now covers both the private and the
public sector workers. The new legislation was an important step towards the
creation of a machinery for collective bargaining. The Act made provision for the
establishment of a Public Service Coordinating Bargaining Council and provided a
model for collective bargaining, based on effective negotiating structures.
According to the International Labour Organization, mediation and conciliation
procedures are still the most frequent methods for settling economic disputes in the
public service. In South Africa, the new Labour Relations Act introduced the
Commission for Conciliation, Mediation and Arbitration.
Since 1994, several problems have beset most public service workers because of the
transformation process and workers started showing increasing interest in unionisation, mostly for the protection and the fulfillment of their needs. Wages were
the single most important factor causing labour action and in 1999, a total of 3,1
million man-days were lost due to labour action. According to Ms Geraldine Fraser-
Moleketi, minister of the Public Service and Administration, government and the
unions should share the process to design a more suitable and manageable system
of remuneration policy to prevent disputes such as the 1999 wage dispute in the
future.
The negotiations on the 1999 wage dispute took place over a record of 140 days.
Public service unions rejected government's wage offers several times until the
minister unilaterally implemented government's final offer of an average of 6,3%
increase. This sent a tremor through the alliance and prompted joint action by Cosatu
and Fedusa affiliated unions.
Unions were caught completely unaware and dropped their demands from a 10%
increase to 7,3%. Public servants took industrial action again, but the government still
did not make a new offer. Minister Trevor Manuel warned that the government could
not afford further increases.
By September, union leaders still had faith that president Thabo Mbeki would indicate
that talks would be resumed, but doors for future negotiations did not open. Ms
Geraldine Fraser-Moleketi maintained that the government had gone out of its way
to ensure a settlement. At the time of writing, the dispute is still continuing.
Note:
As most of the information regarding the Public Service Wage strike was obtained
from the press, all articles referred to are included as an appendix. To facilitate the
reference to these articles, a specific form of reference, namely 'PC n', was used in
the relevant sections, the prefix 'PC' denoting that a press cutting has been referred
to and the subscription 'n' denoting the relevant page number of the article contained
in the appendix. The sources of the press cuttings (PC) are contained in the list of
sources.<br>AFRIKAANSE OPSOMMING:
Hierdie werkstuk ondersoek die aangeleenthede rondom konflik hantering in die
Suid-Afrikaanse Staatsdiens en die uitdrukking van georganiseerde konflik met
verwysing na die 1999 Staatsdiens Salaris Dispuut en Stakings.
In terme van indiensneming is die staatsdiens in Suid-Afrika as deel van die publieke
sektor die grootste enkel werkgewer. Nasionale Departemente en Provinsies
reflekteer ongeveer 70% van die Publieke Sektor.
Arbeid in die publieke sektor was voorheen redelik stabiel en verseker; dus was daar
geen nut vir die beskerming van amptenare teen afdanking. Werkers het geen
onderhandelingsregte gehad nie en het buite die raamwerk van die
Arbeidswetgewing (No 24 of 1956) gefunksioneer.
In 1994 het die nuwe regering van nasionale eenheid die belangrikheid van staatsamptenare
en die rol wat hulle moet speel in die rekonstruksie en ontwikkelingsproses
in Suid-Afrika besef en dus ook die behoefte vir transformering van die diens
ingesien.
Die Staatsdiens Arbeidswetgewing van 1994 is vervang deur die nuwe
Arbeidswetgewing (No 66 van 1995) in 1995, wat beide staatsamptenare sowel as
die privaatsektor insluit. Dit was ook 'n belangrike stap in die bevordering van
kollektiewe bedinging. Die wet het voorsiening gemaak vir die vestiging van die
Staatsdiens Koordinerings Bedingings Raad en 'n model vir kollektiewe bedinging,
gebasseer op effektiewe onderhandelingsstrukture.
Volgens die Internasionale Arbeidsorganisasie is mediasie en konsiliasie prosesse
steeds die mees algemene metodes vir die hantering van ekonomiese dispute in die
staatsdiens. In Suid-Afrika het die nuwe Arbeids Wetgewing voorsiening gemaak vir
die instelling van die Kommissie vir Konsiliasie, Mediasie en Arbitrasie.
Sedert 1994 het verskeie probleme vir staatsamptenare ontstaan as gevolg van die
transformasie proses en amptenare het meer en meer belangstelling getoon in unie
lidmaatskap om hulle belange te beskerm.
Salarisse is dié belangrikste enkel faktor wat arbeidsonrus veroorsaak. In 1999 het
daar 'n totaal van 3,1 miljoen werksdae verlore gegaan as gevolg van stakings.
Die 1999 salaris dispuut en onderhandelings het oor 'n tydperk van 'n rekord getal,
naamlik 140 dae, geduur. Unies wat staatsamptenare verteenwoordig het op
verskeie geleenthede aanbiedinge van die regering van die hand gewys, totdat die
minister 'n eenparige besluit geneem het om die finale aanbod van 6,3%
salarisaanpassing in te stel. Dit het 'n skudding in die alliansies veroorsaak en het tot
die gesamentlike aksie van Cosatu en Fedusa geaffillieerde unies gelei.
Die unies is onkant betrap en het hul versoek van 'n 10% verhoging na 7,3%
verminder. Staatsamptenare het weereens oorgegaan tot arbeidsaksie; terwyl die
regering by hul finale aanbod gebly het. Minister Trevor Manuel het gewaarsku dat
die regering nie meer kon bekostig nie.
Teen September was vakbondleiers nog steeds hoopvol dat president Thabo Mbeki
'n aanduiding sou gee om met onderhandelings voort te gaan, maar die deure vir
onderhandelings was gesluit. Minister Geraldine Fraser-Moleketi het volgehou dat die
regering uit hul pad gegaan het om 'n ooreenkoms te bereik. Ten tye van skrywe
was die geskil nog nie opgelos nie.
Nota:
As gevolg van die feit dat die meeste inligting aangaande die 1999 Staatsdiens
Salaris Dispuut en Stakings uit die pers verkry is, word die artikels waarna verwys
word, ingesluit as 'n bylae. Om die verwysing na hierdie artikels te vergemaklik, is 'n
spesifieke formaat van verwysing gebruik, naamlik 'PC n'. In hierdie verwysing
verwys die voorskrif 'PC' na 'n media artikel. Die letter 'n' verwys na die relevante
bladsy nommer wat aan die artikel toegeken is. Die bronne van die persartikels
verskyn in die bronnelys.
46
Hodges, Adam J. "The Industrial Workers of the World and the Oregon Packing Company Strike of July 1913." PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/5290.
Full textAbstract:
This study builds upon the notion of a Wobbly 'sensibility' established by Salvatore Salemo and relates it to John Townsend's analysis of conflict between that group's adherents and western Progressives. The latter scholar, by concentrating on middle-class economic anxiety, failed to deal with the virtual unanimity of opposition to the IWW in western towns. Salerno's assertion that a 'sensibility' within the IWW was more binding than ideology raises the possibility that individuals and organizations of varying beliefs could be similarly united within a single cultural sphere with a directed purpose. Such an analysis can apply to factions of Progressivism and radical labor alike. The first chapter begins with a brief account of the historical context, origins, and organizational history of the IWW. This second section discusses the internal dynamic of the IWW, particularly the relationship between the leadership and rank-and-file. The third section briefly explicates the purpose of the thesis. The second chapter recounts important episodes of IWW activity that occurred on the West Coast concurrently with the strike in order to set the regional context of the conflict. The third chapter begins with a section discussing the development of Progressivism and urbanization in a national context and emphasizes cultural conflict. The second section is a brief survey of Progressive era Portland, Oregon. The third and fourth sections discuss the cultural repercussions of women entering industrial life on a mass scale. The chapter concludes with a brief demographic survey of cannery women. The fourth chapter is a chronological narrative of the strike, and is followed by a concluding fifth chapter of analysis. The first section suggests a Progressive 'sensibility' arrayed specifically against radical labor, while the next section discusses a radical 'sensibility' hostile to varying aspects of the cultural norms of Progressivism. The final section asserts the importance of analysis of cultural values, above even notions of class, in addition to economic analysis in order to obtain a more useful synthesis of Wobbly conflict than now exists.
47
Myeza, Sanele Phillip. "The extent of the right to strike in South African labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1037.
Full textAbstract:
South Africa emerges from a history where, workers, and in particular African workers, were excluded from enjoying labour rights and particularly the right to strike, without consequences. Participation in industrial action was treated as a delict or even a criminal offence by employers and the state. A history where participation in a strike was treated as breach of contract and therefore the employer could dismiss striking employees at will. The first democratic elections in South Africa introduced a Constitutional democracy. The Constitution introduced the Bill of Rights in terms whereof the right of every employee to form and join trade unions and to participate in its activities and programmes and to strike was entrenched. Section 27 of the Constitution provides that national legislation shall be enacted to give effect to its purpose and to regulate labour matters, hence the Labour Relations Act of 1995. This study will show that the Labour Relations Act of 1995 marked a major change in South Africa’s statutory industrial relations system. Following the transition to the new political dispensation and a democratic system, the LRA encapsulated the new government’s aims to reconstruct and democratise the economy and society. It ushered in a new order where employers and workers had the opportunity to move away from the adversarialism that had characterised their relations in the past. It promoted more orderly collective bargaining and greater co-operation at workplace and industry levels, and provided an expeditious dispute resolution system. This study also takes a closer view of the provisions of international instruments and institutions such the International Labour Organisation and it, further, does a comparative analysis of the provisions of strike law in other jurisdictions like the United States of America, Canada and the United Kingdom. This study shows further that, while South Africa has democratised the workplace and done away with legislation, policies and practices that discriminated against the majority of the workers and deprived them of the rights that were otherwise enjoyed by their white counterparts to form and join unions and to participate in the activities of the unions, including participating in a strike and while it has made provisions for a protected strike under the LRA and while South Africa has tried to level the playing field and brought some equilibrium in the power between workers and employers, the very same right to participate in a strike and to compel employers to accede to their demands is taken away by the provision in the LRA that allows employers to lock them out and replace them with temporary workers.
48
Madokwe, De Villiers Badanile. "The law relating to lock-outs." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/298.
Full textAbstract:
The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.
49
Stock, Suzete de Cassia Volpato. "Benamata = um lugar, uma herança." [s.n.], 2009. http://repositorio.unicamp.br/jspui/handle/REPOSIP/251562.
Full textAbstract:
Orientador: Agueda Bernardete Bittencourt<br>Tese (doutorado) - Universidade Estadual de Campinas, Faculdade de Educação<br>Made available in DSpace on 2018-08-15T05:44:41Z (GMT). No. of bitstreams: 1
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Previous issue date: 2009<br>Resumo: Esta pesquisa estuda a história da construção e destruição da vila operária de Carioba localizada no município de Americana, SP (1901 a 1983). Procura compreender a organização social, as relações estabelecidas por distintos grupos de imigrantes operários e as articulações e disputas travadas pelos proprietários da vila e da indústria de tecidos que culminaram no prestígio que Carioba adquiriu na cidade e região. Busca indícios e marcas do declínio da fábrica de tecidos que levou ao encerramento de suas atividades e a destruição da vila. Revela a tumultuada relação do Grupo Abdalla com os operários e o uso da grande greve de Carioba como uma das estratégias utilizadas na solução dos conflitos entre empresários e militares. Ao narrar como se deu a desocupação da vila, o movimento de resistência dos moradores e as demolições das casas dos operários, este estudo torna visível o jogo de interesses dos proprietários, do Poder Público Municipal e de políticos de distintas tendências ao longo do tempo. E analisa a construção da memória de Carioba, a disputa de seu lugar na história após sua destruição. Uma luta travada por antigos moradores que garantiu a preservação de uma imagem de Carioba como um lugar paradisíaco, jogando no esquecimento os conflitos e a própria complexidade das relações entre operários e proprietários, partidos políticos e grupos de imigrantes. O estudo examinou: discursos, fotografias, testemunhos e os brasões da cidade de Americana, sem deixar de considerar as estratégias de construção da memória registrada em símbolos municipais, além da nomeação de inúmeros logradouros públicos com nomes de cariobenses.<br>Abstract: This research deals with the construction and destruction of worker's village of Carioba, located in the city of Americana, SP (1901-1983). It aims to comprehend the social organization, the relationships established by different groups of immigrant workers, and the articulations and disputes set between the village's and the fabric industry's owners, which resulted in the prestige Carioba achieved within the city and the region it is part of. Besides, it searches for evidences and signs of the fabric industry decadence, which led to its end and to the destruction of the village. It also reveals the disturbed relationship between the Abdalla Group and the workers, as well as the use of Carioba's great strike as part of the strategy adopted to solve the conflicts between the entrepreneurs and the militaries. By addressing how the departing, the residents' movement of resistance and the demolition of the workers' houses occurred, this study makes it possible to see the lobby games played over the time by the owners, the municipal authorities and the politicians of different trends. It also analyses the construction of Carioba's memory, its fight for a place in history after its destruction. Such fight led by the ancient residents guaranteed the preservation of Carioba's image of a paradisiacal place, leaving the conflicts and the complex relationship between workers and owners, and between political parties and immigrant groups to be forgotten. This study examined: speeches, photographs, testimonials and Americana's Arm, not disconsidering the strategies for the construction of the memory featured in the municipal symbols, along with the naming of numerous public spaces with names of Carioba natives.<br>Doutorado<br>Educação, Conhecimento, Linguagem e Arte<br>Doutor em Educação
50
Silva, Polyana Alves Almeida da. "O protagonismo feminino nas greves de 1917." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21580.
Full textAbstract:
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Previous issue date: 2018-09-21<br>Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq<br>This research proposes to unveil the female protagonism in the world of work from the information gathered in the press about its performance in the strikes of 1917. We have examined four journals such as A Plebe, O Debate, O Graphico and the Gazeta de Notícias to analyze the presence of workers in the striking movements, in the working-class alloys of neighborhoods, as well as their protagonism outside the factory space, that is, in the daily routine of domestic and family organization. For reflection on this aspect of the dissertation we take the concept of "Work" by K. Marx, understood as a process between nature and human being, therefore, an activity inherent to creativity and human action, which allowed the opposition to the perspectives which recognize only paid activities as work. The actions of these women are analyzed in the strikes of 1917 in São Paulo and in Rio de Janeiro, the leadership and actions of the bag seamstresses, who staged a "own" strike against the fraudsters of the patronage and at a fair price for your job. In addition, we investigated the factors that contributed to subsume the presence of the workers in such movements. We also see how the language used by the journals made it difficult to locate these women in these resistances at that historical moment and how, by their visibility, they were gradually referred to by terminations in the feminine (workers). This reflection enabled us to recover the contributions of these women to the achievements of the strikes, as well as to the formation of the working class<br>Esta pesquisa propõe desvelar o protagonismo feminino no mundo do trabalho a partir das informações colhidas na imprensa sobre sua atuação nas greves de 1917. Foram examinados quatro periódicos, tais como A Plebe, O Debate, O Graphico e o Gazeta de Notícias para analisar a presença das operárias tanto nos movimentos grevistas, nas ligas operárias de bairros, como também o seu protagonismo fora do espaço fabril, isto é, no cotidiano da organização doméstica e familiar. Para reflexão sobre esse aspecto da dissertação tomou-se o conceito de “Trabalho” de K. Marx, entendido como um processo entre a natureza e o ser humano, portanto, uma atividade inerente à criatividade e à ação humana, o que permitiu a contraposição às perspectivas que reconhecem como trabalho apenas atividades remuneradas. Analisaram-se as ações dessas mulheres nas greves de 1917 ocorridas em São Paulo e no Rio de janeiro, a liderança e atuações das costureiras de saco, as quais protagonizaram uma greve “própria” contra as falcatruas do patronato e por um preço justo para o seu trabalho. Ademais, investigaram-se os fatores que contribuíram para subsumir a presença das operárias em tais movimentos. Descortinou-se também como a linguagem utilizada pelos periódicos dificultou a localização dessas mulheres nessas resistências naquele momento histórico e como, por sua visibilidade, passaram a ser, gradativamente, referidas por terminações no feminino (operárias). Tal reflexão permitiu recuperar as contribuições daquelas mulheres para as conquistas que advieram das greves, como também para a formação da classe operária