Journal articles: 'Strikes and lockouts – Namibia'

1

Briggs, Chris. "Lockout Law in Australia." Journal of Industrial Relations 49, no. 2 (April 2007): 167–85. http://dx.doi.org/10.1177/00221856070490020301.

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Should Australian lockout law be reformed? Lockouts in Australia are legally the formal equal of strikes and the legal treatment of lockouts is the most `de-regulated' in the OECD. The notion that strikes and lockouts should be treated equally is intuitively appealing. However, other OECD nations have rejected an equal right to strike and lockout, reserving lockouts for exceptional circumstances where employers suffer from an imbalance of bargaining power so as to reconcile lockouts with other legal principles such as freedom of association and the right to strike. Australian employers, it will be argued, have been given too much freedom by policy makers at federal level to use lockouts that should legally be reserved as a weapon of genuine `last resort'. However, instead of repositioning Australian lockout law back towards the international mainstream, WorkChoices will produce a legal framework that, uniquely, positively discriminates in favour of employer lockouts against strikes.

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Turner, Nick, Connie Deng, Julian Barling, and Karen L. Spencer. "Differential mental health consequences of strikes and lockouts." Canadian Journal of Behavioural Science / Revue canadienne des sciences du comportement 52, no. 2 (April 2020): 149–53. http://dx.doi.org/10.1037/cbs0000161.

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Coates, Dennis, and Brad R. Humphreys. "The Economic Consequences of Professional Sports Strikes and Lockouts." Southern Economic Journal 67, no. 3 (January 2001): 737. http://dx.doi.org/10.2307/1061462.

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Coates, Dennis, and Brad R. Humphreys. "The Economic Consequences of Professional Sports Strikes and Lockouts." Southern Economic Journal 67, no. 3 (January 2001): 737–47. http://dx.doi.org/10.1002/j.2325-8012.2001.tb00367.x.

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Barrett, C. R., and Prasanta K. Pattanaik. "Bargaining over employment and wages, with threats of strikes and lockouts." European Journal of Political Economy 5, no. 2-3 (January 1989): 333–45. http://dx.doi.org/10.1016/0176-2680(89)90053-0.

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Bird, Derek. "Indicators to measure trade union membership, strikes and lockouts in the UK." Economic & Labour Market Review 1, no. 9 (September 2007): 40–47. http://dx.doi.org/10.1057/palgrave.elmr.1410138.

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Alemán, José. "Labor Market Deregulation and Industrial Conflict in New Democracies: A Cross-National Analysis." Political Studies 56, no. 4 (December 2008): 830–56. http://dx.doi.org/10.1111/j.1467-9248.2007.00707.x.

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This article studies the effect of recent labor market reforms on industrial relations in new democracies (1994–2003). The literature on labor politics posits two channels through which labor market deregulation may relate to industrial conflict. Wage deregulation may lower wage costs, increasing industrial conflict. Employment deregulation, however, can reduce the ability of workers to act collectively. Using methods uniquely suited for panel data analysis, the study reveals a number of important findings. First, whereas labor quiescence went hand in hand with relatively modest increases in earnings in a number of established democracies, modest wage increases are generally linked with more labor militancy in new democracies. Higher wage and employment regulation minimize wage reductions, lowering the incidence of strikes. Finally, wage regulation has the largest effect on aggregate wages and consequently on the incidence of strikes and lockouts.

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Enflo, Kerstin, and Tobias Karlsson. "From conflict to compromise: the importance of mediation in Swedish work stoppages 1907–1927." European Review of Economic History 23, no. 3 (October 19, 2018): 268–98. http://dx.doi.org/10.1093/ereh/hey023.

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Abstract Institutions for prevention and resolution of industrial conflicts were introduced all over the world in the early twentieth century. We use a new dataset of geocoded strikes and lockouts to analyze the impact of mediation on conflict outcomes in Sweden for the period 1907–1927. Causality is identified by using the distance from the mediator’s place of residence to the conflict as an instrument. Despite the mediators’ limited authority we find that their involvement in a conflict resulted in about 30 percent higher probability of a compromise. The results add support to institutionalist accounts of the origins of the Swedish Model.

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Sack, Allen L., and Abbas Nadim. "Strategic Choices in a Turbulent Environment: A Case Study of Starter Corporation." Journal of Sport Management 16, no. 1 (January 2002): 36–53. http://dx.doi.org/10.1123/jsm.16.1.36.

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The Starter Corporation, the industry leader in the sports licensed apparel business in the 1980s and 1990s, declared bankruptcy in 1999. This case study examines Starter’s rise and fall, focusing on the interaction between management decisions made over the years and the profound changes that were taking place in the sports licensing industry. It was found that Starter’s dependence on professional leagues for licensing agreements, a flood of new entrants into the licensing industry (especially large footwear manufacturers), the threat of substitute products, dependence on overseas and other suppliers, and players’ strikes and lockouts created a volatile business environment in which Starter had to compete. The major question raised in this case concerns the relative importance of environmental factors and strategic choices by management in Starter’s demise. Michael Porter’s (1980) “five forces model” of industry competition provided a theoretical starting point for this study.

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Hill, Joan G. "Book Review: No Contract, No Peace: A Legal Guide to Contract Campaigns, Strikes and Lockouts, by Robert M. Schwartz." Labor Studies Journal 40, no. 1 (March 2015): 106–7. http://dx.doi.org/10.1177/0160449x15573220c.

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Zulkarnaen, Ahmad Hunaeni. "MASALAH RAWAN DALAM HUBUNGAN INDUSTRIAL DAN KONSEP NEGARA KESEJAHTERAAN INDONESIA." Jurnal Hukum Mimbar Justitia 2, no. 2 (June 7, 2018): 806. http://dx.doi.org/10.35194/jhmj.v2i2.32.

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The Indonesian’s Development goal is to achieve national stability, including economical stability, the achievement of nationally economical stability, determined by the stability in the sector of production of goods and services, or its stability in the sector of production of goods and services is the supporting factor to the dominant of national development programs especially economic development program. One of the requirements to achieve stability in the sectoral production of goods and services is the condition of harmonious industrial relations based on Pancasila in the form of peaceful in working situation or industrial peace, is a dynamic condition in working, where there 3 (three) important elements: first the guarantee implementation on rights and obligations; second, conflict can be resolved internally; third, strikes and lockouts (lock-out) should not be used to impose willingness, because conflict could have been resolved well. In fact, in creating a harmonious industrial relations is not easy, there are some contributing factors such as; workers / laborers factor, employers factor, and public administration factor.Keywords: Industrial Relationship Problem, Indonesian Welfare State Concept

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12

Laugen, R. Todd. "Struggles for the Public Interest: Organized Labor and State Mediation in Postwar America." Journal of the Gilded Age and Progressive Era 4, no. 1 (January 2005): 69–82. http://dx.doi.org/10.1017/s1537781400003662.

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In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.

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Workman, Andrew A. "Creating the National War Labor Board: Franklin Roosevelt and the Politics of State Building in the Early 1940s." Journal of Policy History 12, no. 2 (April 2000): 233–64. http://dx.doi.org/10.1353/jph.2000.0016.

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In January 1942, President Franklin D. Roosevelt issued an executive order creating a National War Labor Board (NWLB) to arbitrate wartime industrial disputes. Roosevelt's order provided enormous power for the board, which could, on its own motion, intervene in any labor conflict it deemed a threat to “the effective prosecution of the war” and subsequently impose settlements on the parties. In practice, the board replaced free collective bargaining for the duration of the war. Most scholars of the era agree that the NWLB, operating at a time when New Deal labor policy was still in formation and many unions had not yet become entrenched in their industries, had a profound impact on the evolution of the American industrial relations system during the war and thereafter.Despite a superficial similarity to earlier labor boards, the NWLB was a curious creature born, in the words of one of its members, “out of deadlock,” and of a breed uncommon on the American political landscape. The board's authority was nominally grounded on an agreement by a 1941 national labor-management conference to eschew strikes and lockouts in lieu of arbitration. Yet this conference had reached an impasse and its “agreement” had been forced on the business delegates by Roosevelt.

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Zamorano González, Benito, Fabiola Peña Cárdenas, Cristián Pinto-Cortez, Yolanda Velázquez Narváez, José Ignacio Vargas Martínez, and Luc&a Ruíz Ramos. "Unemployment and mental health in a community population from a border city in Mexico." Work 69, no. 3 (July 16, 2021): 957–67. http://dx.doi.org/10.3233/wor-213527.

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BACKGROUND: The constant changes in the global economy generate instability in the markets, favoring the closing of companies, dismissals of personnel, job losses. Unemployment has been associated with adverse psychological effects, serving as a predictor of poor mental health. OBJECTIVE: The main goal was to analyze the relation between work status and mental health. METHODS: A cross-sectional, quantitative study was carried out with a sample of community population, inhabitants of the urban area of a Mexican city. The sample consisted of 1351 participants, being 577 men (43%) and 774 women (57%) with an average age of 41.46 (SD = 17.00). The participants were selected by a quota sampling, in 13 representative points of Matamoros’ city urban area. Home surveys were applied; the Spanish version of the Symptom Checklist 90 (SCL-90) was used for mental health assessment. RESULTS: The model explaining the relation between work status and mental health (GFI) was significant (p < 0.01). Unemployment was related to higher scores in all sub-scales of psychopathologies evaluated by the SCL-90, in comparison with the rest of work status categories. CONCLUSIONS: The unemployed, followed by housewives, presented indicators of poorer mental health, while the retired and those in strikes or lockouts showed the best mental health indexes.

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15

Pickles, Camilla Marion Sperling. "Sounding the Alarm: Government of the Republic of Namibia v LM and Women's Rights during Childbirth in South Africa." Potchefstroom Electronic Law Journal 21 (August 9, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4303.

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Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the height of labour is inappropriate because labouring women lack the capacity to consent because of the intensity of their labour pains. This article recognises that the LM case may make its way into current litigation strategies against involuntary sterilisations in South Africa and for this reason I evaluate the soundness of the court's reasoning in the LM case. I argue that the court relied on the harmful gender stereotype that labouring women lack the capacity to make decisions, I expose this stereotype as baseless and demonstrate the harmful consequences of its perpetuation. Finally, I demonstrate why the reasoning in the LM case is particularly problematic in the South African context, and I conclude that the adoption of this sort of reasoning will result in many women facing serious injustices, because it strikes at the core of a woman's agency during childbirth.

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16

Le Roux, Rochelle, and Tamara Cohen. "UNDERSTANDING THE LIMITATIONS TO THE RIGHT TO STRIKE IN ESSENTIAL AND PUBLIC SERVICES IN THE SADC REGION." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 30, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1161.

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The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia and Zimbabwe – is examined in this contribution. While all of these countries share common influences and face common challenges, there appears to be a vast disparity in the approaches taken to the right to strike in public and essential services in the region. A brief overview of the demographics and labour markets in the countries under discussion is sketched, the salient features of the ILO's approach to strike in essential and public services is highlighted, and a broad overview of the contrasting and disparate approaches to essential and public services in the region is provided. The focus is, however, on the legislative approach taken to essential service employees in South Africa. It is concluded that – with the exception of South Africa and Namibia – the limitations to the right to strike of public sector employees exceed those endorsed by international conventions, and the broad definition of essential services generally relied upon effectively results in an outright ban of public sector strikes in the sub-region.

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17

Lippel, Katherine. "Les victimes sans crimes : le traitement pénal des accidents de travail." Criminologie 21, no. 1 (August 16, 2005): 35–56. http://dx.doi.org/10.7202/017257ar.

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More people die in Canada every year from work related accidents and illnesses than as a result of murder. More work days are lost to work accidents and illnesses than to strikes and lockouts. Yet the illegalities committed in the field of health and safety in the workplace are, for all intents and purposes, left unnoticed by the criminal justice system. This article addresses the use of penal and criminal law in Quebec against employers who have violated health and safety legislation and the Criminal Code. The first part examines the historical, political and social reasons why deaths and injuries in the work place are perceived as normal and inevitable, rather than as aberra -tions often of a criminal nature. The second part examines the application of statutory legislation in Quebec, particularly the Act Respecting Occupational Health and Safety (R.S.Q. c. S-2.1). The nature of the offences therein provided for is studied, as well as the attitude of the judiciary and the Quebec Health and Safety Commission (C.S.S.T.) towards their application. In the final section the relevant provisions of the Criminal Code are studied, in the light of the rare examples from case law where criminal negligence charges have been laid. The article concludes with the assertion that a change of attitude both on the part of the state and on the part of public opinion is necessary if we wish that health and safety in the workplace be taken seriously by employers.

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18

Mehmood, Zafar. "ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback." Pakistan Development Review 29, no. 3-4 (September 1, 1990): 350–54. http://dx.doi.org/10.30541/v29i3-4pp.350-354.

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ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback. ILO/ARPLA. Monitoring Labour Markets. Bangkok: ILO (ARPLA). 1987. 11Opp.US $ 3.00 Paperback. ILO/ARPLA. Managing Contract Migration: Philippine Experience Observed. Bangkok: ILO (ARPLA). 1987. 68pp.US $ 3.00 Paperback. All three books deal with various issues concerning the labour market, such as basic agreements on industrial relations, labour market information, and managing temporary migration. (i) A Code of practice in industrial relations is a collective agreement and a moral instrument of voluntary partnership. The agreements are most often concerned with development and are not related exclusively to conflict resolution or conflict avoidance as explicit goals. It is not a Code of law, yet it determines the range of the moral authority of laws in practice. In many ways, a Code is the core of an industrial relations system. The objects of a Code are: to maintain discipline and industrial pace, to achieve greater industrial harmony, to develop and promote a compatible system of labour relations to ensure justice and fairness, and change in" work attitudes and productivity. The structure of a Code must incorporate elements of the approach to dispute settlement; the criteria for recognition of unions for consultation, the status of grievance- and consultative-machinery, and the status of the partism. The book on the Codes of Practice addresses the question as to how these objectives have been aligned structurally in the industrial relations of six Asian countries; India, Indonesia, Malaysia, Philippines, Singapore, and Thailand. The Indian Code of Discipline is such that the government is not a party to the agreements between management and union_ However, the government does keep the administrative machinery in good order. By structuring the agreements in three parts, responsibility is distributed in three spheres. For instance, industrial disputes, strikes, and lockouts have been placed in the joint sphere. Workload composition, employers' labour practices, and administrative responsiveness have been placed in the sphere of management, while the sphere of the union includes union activities. Thus, the Indian Code is prepared in such a way that violation of a single Code leads to total violation in both the joint and individual spheres. This dependence is both the substance and the moral authority ofthe Code.

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Aveskulov, Valeriy, Yuliia Deresh, and Albina Romanchuk. "THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION." International scientific journal "Internauka". Series: "Juridical Sciences", no. 12(34) (2017). http://dx.doi.org/10.25313/2520-2308-2020-12-6715.

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This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

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Journal articles on the topic 'Strikes and lockouts – Namibia'

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