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Governmental methods of adjusting labor disputes in North America and AustralasiaKo, Ting Tsz, January 1926 (has links)
Thesis (Ph. D.)--Columbia University, 1926. / Also issued as Studies in history, economics, and public law, vol. 123, no. 2, whole no. 271. Vita. Includes bibliographical references (p. 216-219) and index.
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Arbitration of racial discrimination in employment: an analysis of arbitrators' awards 1964-1975Nyanibo, Archibong I. 08 1900 (has links)
The purpose of this study is threefold: (1) to analyze grievance arbitration cases involving racial discrimination which occurred from 1964 to 1975; (2) to recommend guidelines suitable to the use of grievance arbitration in the settlement of racial-discrimination disputes; and (3) to predict trends regarding future utilization of grievance arbitration as a forum through which racial-discrimination victims can seek redress.
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South Africa's bargaining councils and their role in dispute resolution27 October 2008 (has links)
M.A. / This research examines bargaining councils, the industrial level collective bargaining agents created by the new Labour Relations Act. This study contributes towards filling a gap not only in information that is lacking on bargaining councils, but also attempts to understand their dispute settlement role more fully. Two surveys were conducted, one, the content analysis of the constitutions of councils, and, the second, a questionnaire administered to bargaining councils, which particularly looked at their dispute work. Initial survey findings were qualified and extended through an investigation of a single council, the Clothing Industry Bargaining Council (Northern Areas). Bargaining councils place more emphasis on dispute settlement than industrial councils, and a particular difference between the two types of councils, relates to the potential role of bargaining councils to conduct arbitration. The level of accreditation may be linked to the union that is party to it. Further, a bargaining council’s ability to successfully resolve cases is dependent on clearly delineated procedures for settlement, the establishment of key relationships within the council, and, the accumulation of financial reserves. Importantly, the age of a bargaining council allows for these features to develop over time. The success of individual councils has overall benefits for labour relations in South Africa. Therefore, the formation of bargaining councils needs to be encouraged in sectors where, at present, they do not exist. Moreover, established councils should increasingly apply for accreditation for conciliation, and especially arbitration, where they are not accredited. This research modifies our understanding of councils by providing an indication of their importance in the current industrial relations dispensation, through an appreciation of the role of bargaining councils in dispute settlement. / Prof. P. Alexander
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The United States Conciliation serviceBreen, Vincent Ignatius, January 1943 (has links)
Thesis (Ph. D.)--Catholic University of America, 1943. / Bibliography: p. 236-248.
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An overview of the development of the German and UK labour dispute resolution systems and assessment of their respective strengths and weaknessesSponagel, Moritz 03 1900 (has links)
Thesis (MBA)--Stellenbosch University, 2006. / ENGLISH ABSTRACT: In many countries in the world today, Labour Courts have developed as an integral
part of the law system arising from the need to afford labour disputes specialised
adjudication, independent from the ordinary civil courts.
This study presents a comparison of the German Labour Court System and the British
Employment Tribunal System, representing the Continental Law System and the
Common Law System respectively.
In comparing the German Labour Courts and the British Employment Tribunals, the
study highlights the special qualities of labour law and why labour disputes are
treated differently from other legal disputes. It demonstrates that both systems have
attempted to achieve the handling of labour disputes in different ways and
proceedings. Similarly, the study reveals that both systems have their pros, cons and
limitations and that no system can guarantee an optimal way to achieve a "better"
justice. Nonetheless, the study attempts to show that each system can learn from the
other's strengths and weaknesses by being open and reasonable to criticism.
Another important objective of this study is to determine whether Labour Courts and
Employment Tribunals should be maintained as a separate part of the law system or
whether to merge them into the ordinary civil courts as some critics feel that such
courts and tribunals create added expenses to governments. Furthermore, the study
explores other dispute resolution mechanisms that if encouraged, provide additional
benefit to labour issues in teoday's complex business environment.
As a whole, the study proves that the German Labour Courts and British Employment
Tribunals are a quicker, cheaper and better way of achieving justice, preferable to the
civil litigation system. It is therefore concluded that such courts and tribunals should
be maintained because of their significant successes so far. Furthermore, it is
suggested that labour dispute resolution can be further developed through the
increased use of mechanisms such as conciliation, negotiation and mediation in the
management of organizations today. / AFRIKAANSE OPSOMMING: In baie lande van die wereld vandag, het gespesialiseerde arbeids tribunale ontwikkel
as 'n integrale deel van die regsisteem as gevolg van die behoefte om arbeidsdispute
te onderwerp aan gespesialiseerde beregting, onafhanklik van gewone siviele howe.
Hierdie studie behels 'n vergelyking van die Duitse Arbiedshofsisteem en die Britse
"Employment Tribunal" sisteem, wat die kontinentale regsisteem en 'n
gemeenregtelike regsisteem respektiewelik verteenwoordig.
Deur die Duitse Arbeidshowe en die Britse "Employment Tribunals" te vergelyk,
beklemtoon hierdie studie die spesiale eienskappe van arbeidsreg en waarom
arbeidsdispute anders as andere regsdispute hanteer word. Dit demonstreer dat beide
sisteme probeer het om die hantering van arbeidsdispute op verskillende maniere en
deur middel van verskillende prosesse te bereik. Terselfdertyd, wys die studie dat
beide sisteme hulle voordele, nadele en tekortkomings het, en dat nie een sisteem 'n
optimale manier het om "beter" geregtigheid tussen werkgewer en werknemer te laat
geskied nie. Nietemin, probeer die studie wys dat elke sisteem kan leer van die ander
se sterktepunte en tekortkominge.
'n Verdere belangrike doel van hierdie studie is om te bepaal of die Duitse
Arbeidshowe en Britse "Employment Tribunals" as aparte deel van die regsisteem
behoort te voortbestaan, of hulle saamgesmelt moet word met die gewone siviele
howe, want sekere kritici voel dat sulke howe en tribunale addisionele koste vir
owerhede meebring. Verder ondersoek die studie ander dispuutoplossings
meganismes, wat, indien dit bevorder sou word, dalk addisionele voordele in
vandag se komplekse besigheidsomgewing kan meebring.
In geheel toon hierdie studie dat die Duitse Arbeidshowe en Britse "Employment
Tribunals" 'n vinniger, goedkoper en beter manier bied om geregtigheid te bereik en
verkies word bo die siviele litigasie sisteem. Die gevolgtrekking is dat sulke howe en
tribunale behou moet word as gevolg van hulle sukses tot dusver. Verder word dit
voorgestel dat arbeidsgeskilbeslegting verder ontwikkel kan word deur groter gebruik
te maak van meganismes soos konsiliase, onderhandeling en mediasie in
organisasies.
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The role of Bargaining Councils in dispute resolution in the private sector14 August 2012 (has links)
M.Phil. / The Labour Relations Act 66 of 1995 introduced new structures for resolution of labour disputes. The Commission for Conciliation Mediation and Arbitration (CCMA) was established as an independent body to resolve labour disputes. The CCMA also took over the functions of the old Industrial Court. The Act also replaced the old Industrial councils with bargaining councils. The function of the bargaining councils is to play a parallel role to the CCMA in dispute resolution within their scope of jurisdiction. The purpose of the legislature in establishing the bargaining councils was to alleviate part of the burden of the CCMA in resolving of labour disputes. The Act envisaged that the CCMA would resolve disputes speedily and inexpensively. If bargaining councils fail in their task of resolving disputes, these disputes are referred back to the CCMA adding to its caseload. The study seeks to establish the effectiveness of bargaining councils in handling dispute resolution function and whether they assist the CCMA in alleviating part of its burden. There are 43 bargaining councils that are accredited by the CCMA to conciliate and arbitrate disputes. Some bargaining councils are accredited to do both conciliations and arbitrations but are failing to perform both tasks. Some bargaining councils are closing down. Other registered bargaining councils do not apply for accreditation. Disputes that are not handled by these councils are referred to the CCMA. The CCMA caseload is escalating every year since inception in 1996. In view of these circumstances the study seeks to understand from bargaining councils and from both the unions and employers organizations that are party to the bargaining council agreements, whether there are any problems that hinder the effectiveness of bargaining councils in dispute resolution in the private sector. It has been concluded in the study that there are a number of problems that can cause bargaining councils not to exercise dispute resolution function effectively. It has been established that only few bargaining councils receive a high number of disputes referred. Bargaining councils are quicker in handling disputes than the CCMA, however, most bargaining councils receive a small number of disputes. Bargaining councils also complain about insufficient funds in handling dispute resolution function. They complain that the subsidy they receive from the CCMA is not enough for this function. Small bargaining councils are the most suffering because of low numbers of referrals. It has also been established that bargaining councils pay their panelists very high rates. The non-accredited bargaining councils are rejected when applying for accreditation because of not meeting the required criteria. Employers are negative about belonging to bargaining councils because they feel it is costly. Some employers who belong to bargaining councils are also reluctant to contribute to established council's fund.
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