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.

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.

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.

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This dissertation is comprised of three stand-alone articles, two of them co-authored, and one solo. The solo article, "Increases in Victim Mortality Rates in the Aftermath of Mandatory Arrest Laws: A Study in Unintended Effects" is in Part I. The first co-authored article "Teachers' Strikes and Standardized Test Scores: Impact on Performance & Participation", is in Part II. The last chapter, Part III, is already published in the journal "Information Economics and Policy" (ISSN: 0167-6245), accessible under the title "The Value of Online Scarcity Signals". / Graduate / 2022-08-24

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.

This study examines the impact of strike action on the stock market in SA, particularly the company share price. In recent years, SA has seen a steady increase in strike actions related to wage increases, which have generally been of short duration. The study is conducted by computing abnormal returns and subsequently cumulative abnormal returns for listed companies that had experienced strikes between 2003 and 2009. The sample included 49 listed companies on Johannesburg Stock Exchange. The results of the study reveal that stock prices react negatively to the news of a strike action five days prior to the strike and continue on a downward trajectory approximately 5 days post the strike action. The study finds that JSE is not an efficient market as it takes days for the market to return to equilibrium after an announcement. The research observed that there were numerous factors that influence the occurrence of strikes/industrial actions in South Africa namely; SA’s political history, trade unions irrational behaviour, information asymmetry and economic climate among other factor.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-11-05T13:01:05Z No. of bitstreams: 1 Emerson Alves Irineu Magalhães.pdf: 1299977 bytes, checksum: db8eb3656b61af71da01657766f275fb (MD5) / Made available in DSpace on 2018-11-05T13:01:05Z (GMT). No. of bitstreams: 1 Emerson Alves Irineu Magalhães.pdf: 1299977 bytes, checksum: db8eb3656b61af71da01657766f275fb (MD5) Previous issue date: 2018-09-10 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / 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 / 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

by Stella Ng Yuk-kuen, So Lai-wah. / Bibliography: leaves 95-98 / Thesis (M.B.A.)--Chinese University of Hong Kong, 1985