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.

In this thesis I address the question of sympathetic action - action by one group of workers designed to aid another group of workers in their struggle with an employer, manifested most obviously through refusals by workers to cross a picket line - through the lens of the Canadian Charter of Rights and Freedoms. As the law currently stands in Canada, undertaking sympathetic action collectively is invariably illegal as it is considered an illegal "strike" under Canadian labour legislation. Further, workers who undertake sympathetic action - whether collectively or individually - can be subject to discipline or discharge by their employer. I argue that workers who undertake sympathetic action can have numerous motivations, ranging from economic self-interest to deeply-held political or moral beliefs (the latter manifested through the concept of "solidarity"), and that when those motivations include expressive or conscientious interests, sympathetic action should be entitled to protection by the fundamental freedoms of conscience, expression, and association found in section 2 of the Charter. I further argue that a each of these freedoms represents a different aspect of the inherent dignity and worth of an individual, and that a right to sympathetic action promotes both those freedoms and Charter values. Finally, I argue that a constitutional right to sympathetic action is a free-standing right that can exist even in the absence of a constitutional right to strike. This thesis reviews the current and historical state of Canadian law (in both the statutory labour relations regimes and in common law) regarding sympathetic action, the potential application of the Charter freedoms of conscience, expression, and association to sympathetic action, and finally options for reform that reduce or eliminate restrictions on sympathetic action and therefore make our labour relations system more in keeping with Charter values.

This study focused on a 1978 teacher strike in the Tucson Unified School District, Pima County, Arizona, and was designed to explore patterns of perceptions and behaviors reported by teachers concerning their involvement in the strike. Teacher perceptions and behaviors were examined in terms of: viewpoints concerning the issues and causes of the strike; attitudes toward the act of striking; choice to either strike or not to strike and the differeing factors which may have influenced the strike decison; feelings of stress occasioned before, during, and after the strike; post-strike relationships with significant others in the school system; and feelings regarding the outcomes of the strike. To implement the research study, a questionnaire was developed to explore teacher attitudes, viewpoints, and reported behaviors regarding various aspects of the strike. The questionnaire was distributed by the Tucson Education Association through the Tucson Unified School District mail distribution system to all 2,751 teachers of the school district. A total of 1,728 teachers participated in the study by completing and returning the questionnaire, which represents approximately 63 percent of the population. Data for the study were derived from the questionnaire responses. The demographic data and strike behavior data were crosstabulated and their significance reported in terms of chi-square statistics. The chi-square indicated a significant relationship between teacher strike behavior and the following demographic variables: teaching level, age, sex, teacher tenure, total years teaching, membership in a professional organization, and spouse being a teacher in the district. Data regarding teacher perceptions and behavior were analyzed and summarized on the basis of the perceptual framework constructed for this study, which was drawn from the literature in social and perceptual psychology. Briefly it included the following five categories: Empathy; Acceptance; Stress; Adequacy; and Perceptual Framework. The following perceptions were reported by teachers regarding: Issues and Causes of the Strike: The reported issues of the strike were salary, discipline, fringe benefits, class size, teacher professionalism, and dignity. The teachers reported that the factors generating the strike were not the issues themselves, but rather the way the issues were handled by the school board, superintendent, and central administration. Influences Upon Strike Behavior: The greatest influence reported by teachers regarding their strike decision was the teachers' association, followed by teachers in their own schools, family, teachers outside their schools, the media, and building principal, in that order. Strike Stresses: Ninety percent of all respondents reported experiencing stress during the strike. Stress was greater among elementary teachers, female teachers, and non-striking teachers. Post-Strike Relationships: Teachers reported more harmonious relationships with fellow teachers and students in their schools following the strike. Teachers reported less harmonious relationships with their supervisors. Strike Perceptions: Teachers reported that the strike produced a greater sense of personal dignity for teachers. The recommendations of the study included the following: A school system should develop and maintain a deep philosophical commitment to the worthiness and dignity of all persons. A continuous and effective communication process should be developed whereby school district administrator and teacher representatives can meet and interact in an atmosphere where every person is encouraged to express his viewpoints. Teachers and school district officials should have an adequate set of board-adopted policies providing orderly processes for dealing with disputes and difference between them. The policy that is adopted should result from the widest possible participation of all concerned groups throughout the community and the school district. The school district, including the school board, administrators, and teaching staff should carefully plan and effectively implement a program for continuous improvement of human relationships throughout the district.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Thesis (Ph. D.)--Catholic University of America, 1943. / Includes bibliographical references (p. 230-234).

Thesis (Ph. D.)--Catholic University of America, 1943. / Includes bibliographical references (p. 230-234).

Thesis (Ph. D.)--West Virginia University, 2006. / Title from document title page. Document formatted into pages; contains vii, 246 p. : map. Includes abstract. Includes bibliographical references (p. 237-246).

No description available.

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.

Este trabalho analisa os conflitos entre Estado, burguesia industrial e classe trabalhadora em torno da Lei de Férias. Aprovada em 1925, a medida foi duramente criticada pelo empresariado brasileiro, que não mediu esforços na hora de descumpri-la. A classe trabalhadora, que aparentemente não tinha essa como uma de suas grandes bandeiras de reivindicação, passou a exigir o cumprimento desse direito e a se organizar cada vez mais para tal. O Estado brasileiro, por sua vez, sobretudo após 1930, ao mesmo tempo em que legislava cada vez mais sobre as relações laborais no país, não garantia correspondente fiscalização, o que era percebido tanta pelos patrões quanto pelo operariado. Os escritos de cada um desses atores, suas denúncias, estratégias coletivas e especialmente a forma como se davam as diversas greves ocorridas no período aqui analisado (que vai até 1935, momento em que eclodem inúmeras paredes no Brasil) nos ajudam a reconstituir a história das disputas pelo direito a 15 dias de férias remuneradas no país. / This thesis analyzes the conflicts between state, industrial bourgeoisie and the working class around the Annual Leave. Approved in 1925, the measure was strongly criticized by Brazilian businessmen, which made every effort at the time to tease it. The working class, which apparently did not have this as one of its major claiming flags, began to enforce this right and to organize itself for it. The Brazilian government, in turn, especially after 1930, while legislated increasingly on working relations in the country, did not guaranteed a corresponding security inspection, which was perceived by employers as much as the working class. The writings of each of these actors, their complaints, collective strategies and especially the way the different strikes occurred in the period analyzed here (which runs until 1935, at which hatch numerous strikes in Brazil) help us to reconstruct the history of struggles over the right to 15 days of paid vacation in the country.