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Case studies of violations of workers' freedom of association: migrant agricultural workers.

As part of its report "Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards," Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of migrant agricultural workers.

Agriculture↗

Labor law and physicians' privileged position: an example of structural interest influence.

Health care delivery in the United States may be characterized as a dynamic system of conflicting interest groups. Since the reorganization of the medical profession in 1910, however, physicians have been able to maintain their position as a dominant structural interest group. A dominant structural interest in one which is served by the structure of social, economic, and political institutions. It does not have to reorganize continuously to protect its privileged position. Although several medical sociologists have noted the privileged position of physicians, few have attempted to explicate the process of status maintenance. This paper examines the development of labor law in health care as one example of structural interest influence. Labor law provides an excellent illustration of this influence in that its development and application are far removed from the physicians' sphere of direct influence. It is demonstrated that the ideology that physicians should hold a privileged position is so ingrained that their interests are protected even in their absence.

Collective Bargaining↗

One step forward, two steps back: worker representation and health and safety in the United Kingdom.

There is now quite strong evidence for a set of preconditions that help determine the effectiveness of worker representation and consultation in improving health and safety outcomes. One of these preconditions is a regulatory framework that defines workers' rights to representation and employers' obligations to respond. Using the United Kingdom as its focus, this article explores developments at the national policy level. It shows how long-awaited legislative reforms to improve provisions for worker representation in health and safety have so far failed to materialize and, instead, government strategy has concentrated on promoting voluntary approaches. The author reviews the evidence of what makes worker representation in health and safety effective and suggests that, far from abandoning approaches to legislative reform, the U.K. agencies should be seeking to make improvements to the British provisions if they are to provide the necessary stimulus and support for worker representation in health and safety at work. Such improvements need to address long-standing weaknesses in existing provisions and their relevance to the changing world of work. The arguments presented here apply to the essential role of regulatory support for worker participation in all advanced market economies if it is to improve health and safety outcomes.

Accidents, Occupational↗

Strikes by physicians: a historical perspective toward an ethical evaluation.

Current conditions surrounding the house of medicine-including corporate and government cost-containment strategies, increasing market-penetration schemes in health care, along with clinical scrutiny and the administrative control imposed under privatization by managed care firms, insurance companies, and governments-have spurred an upsurge in physician unionization, which requires a revisiting of the issue of physician strikes. Strikes by physicians have been relatively rare events in medical history. When they have occurred, they have aroused intense debate over their ethical justification among professionals and the public alike, notwithstanding what caused the strikes. As physicians and other health care providers increasingly find employment within organizations as wage-contract employees and their work becomes more highly rationalized, more physicians will join labor organizations to protect both their economic and their professional interests. As a result, these physicians will have to come to terms with the use of the strike weapon. On the surface, many health care strikes may not ever seem justifiable, but in certain defined situations a strike would be not only permissible but an ethical imperative. With an exacerbation of labor strife in the health sector in many nations, it is crucial to explore the question of what constitutes an ethical physician strike.

Collective Bargaining↗

Unions and strikes in the National Health Service in Britain.

This article outlines the origins of the main manual and white-collar trade unions in the British Health Service, traces their growth after the establishment of the National Health Service in 1949, and examines the wave of industrial action in British hospitals in the seventies. It is argued that although strike action inside hospitals in the early seventies was a novel tactic adopted as a last resort by manual workers pressing for wage increases, industrial action over a wide range of political and medical issues has now been taken by all types of hospital worker in Britain and plays a central part in the national debate over the future of the National Health Service.

Collective Bargaining↗

Determinants of the occupational strategies adopted by British hospital nurses.

This paper focuses on the position of the nurse in the division of labor in health care and the occupational strategies British hospital nurses have adopted in response to their changing employement situation. The authors suggest a Marxist framework as an alternative to current approaches to the study of occupational strategy, which tend to focus on the level of distribution relations. An adequate analysis of the situation of hospital nurses, the paper suggests, depends upon locating the occupation within the wider setting of the mode of control and delivery of health care. The central feature of this setting is the dominance of medicine and medical technology, and the main factors shaping it are the activities of individual capitalists involved in the health industry and the State operating within the constraints of capital in general and within the context of class struggle. It is suggested that the characteristic feature of nurses' occupational strategy--the vacillation between professionalism and unionism--can best be understood in relation to the changing mode of control and delivery of health care and nurses' contradictory position within the social relations that constitute that mode.

Collective Bargaining↗

State mediation of conflicts over work refusals: the role of the Ontario Labour Relations Board.

A key feature of occupational health and safety legislation is that it has sought to compartmentalize health and safety issues by creating structures and processes that depart from "typical" social relations of production. The Ontario Labour Relations Board, in adjudicating disputes concerning work refusals, faces the difficult, if not impossible, task of defining and maintaining a sphere in which workers have an uncommon latitude and power. Analysis of cases before the Board during the 1980s shows how it errs on the side of caution and uses criteria related to "typical" social relations of production to define convincing testimony and assess workers' entitlement to redress. Similarly, employers' interests and the requirements of the labor process are a reference point in the Board's definition of the scope of workers' rights and what constitute legitimate penalties for the "abuse" of these. Yet decisions are not wholly biased toward employers; dissenting opinions reveal important differences and progressive rulings establish precedents that could be a basis for future decisions.

Collective Bargaining↗

Case studies of violations of workers' freedom of association: manufacturing workers.

As part of its report "Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards," Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of manufacturing workers.

Civil Rights↗

Health worker strikes: social and economic bases of conflict.

Entrenched social and economic inequities combined with spiralling inflation have led to a growing number of health worker strikes. The bases of conflict, as yet unresolved, challenge the caste-like structure of health systems. By highlighting the need for change, health worker strikes may foster an internal dynamism and the more democratic organization of working conditions in health services.

Authoritarianism↗

Organization and unionization of health workers in the United States: the trade union perspective.

Recent legislation in Washington opened the door to organization and unionization of health workers in voluntary hospitals and highlighted the poor pay and unorganized status of this enormous work force of at least 1.5 million persons, many of whom are women, black, or Spanish-speaking. The authors, who are senior officials of District 1199 of the National Union of Hospital and Health Care Employees, chart the factors associated with the low priority given over the years to organizing hospital workers, and the first breakthroughs, in New York City hospitals, in 1958. From a start with lowest income hospital workers, the subsequent inclusion of technical and professional workers and linkages with the highly publicized hospital workers' strike in Charleston, South Carolina in 1969. The benefits of unionization and the broader social goals of the union are discussed.

Civil Rights↗

Mechanization, the labor process, and injury risks in the Canadian meat packing industry.

During the 1980s, Canada's major manufacturing industries experienced considerable financial restructuring and technological transformation, largely in response to recessionary pressures. At the same time, the rate of lost-time injuries in Canadian manufacturing rose steadily. This article explores the relationship between these sets of factors. The meat packing industry has been selected as a case study of the interaction between industrial organization, the labor process, and the risk of workplace injuries. The authors suggest that the following factors have contributed to high and rising injury rates in the meat industry during the 1980s: consolidation into a smaller number of large, highly specialized, and mechanized plants; deteriorating labor relations in the face of falling profits; and an intensified labor process stressing line speedups and a growing risk of repetitive strain injuries. These observations are supported by a detailed analysis of the relationship between the labor process and workplace injuries at one packing plant considered typical for the industry.

Abattoirs↗

How International Monetary Fund and World Bank policies undermine labor power and rights.

Based on reviews of hundreds of loan and project documents from the International Monetary Fund (IMF) and World Bank, this article provides detailed evidentiary support for critics who have long claimed that the international financial institutions require Third World countries to adopt policies that harm the interests of working people. After reviewing loan documents between the IMF and World Bank and 26 countries, the authors show that the institutions' loan conditionalities include a variety of provisions that undermine labor rights, labor power, and tens of millions of workers' standard of living. These include downsizing of the civil service and privatization of government-owned enterprises; promotion of labor flexibility: the notion that firms should be able to hire and fire workers, or change terms and conditions of work, with minimal regulatory restrictions; mandated wage rate reductions, minimum-wage reductions or containment, and spreading the wage gap between government employees and managers; and pension reforms, including privatization, that cut social security benefits. These labor-related policies take place in the context of broader IMF and World Bank structural adjustment packages that emphasize trade liberalization, with macroeconomic policies that further advance corporate interests at the expense of labor.

Civil Rights↗