Regulating Labor

"This book outlines the major problems in corporate voluntary regulation of labor standards in global supply chains, and shows the progress such regulation has made thus far in improving the lives of workers in the global supply chain. It then presents pathways by which private regulation can be improved"--Provided by publisher.

As the dust settles on nearly three decades of economic reform in Latin America, one of the most fundamental economic policy areas has changed far less than expected: labor regulation. To date, Latin America's labor laws remain both rigidly protective and remarkably diverse. Continuity Despite Change develops a new theoretical framework for understanding labor laws and their change through time, beginning by conceptualizing labor laws as comprehensive systems or "regimes." In this context, Matthew Carnes demonstrates that the reform measures introduced in the 1980s and 1990s have only marginally modified the labor laws from decades earlier. To explain this continuity, he argues that labor law development is constrained by long-term economic conditions and labor market institutions. He points specifically to two key factors—the distribution of worker skill levels and the organizational capacity of workers. Carnes presents cross-national statistical evidence from the eighteen major Latin American economies to show that the theory holds for the decades from the 1980s to the 2000s, a period in which many countries grappled with proposed changes to their labor laws. He then offers theoretically grounded narratives to explain the different labor law configurations and reform paths of Chile, Peru, and Argentina. His findings push for a rethinking of the impact of globalization on labor regulation, as economic and political institutions governing labor have proven to be more resilient than earlier studies have suggested.

In May and June of 1968 a dramatic wave of strikes paralyzed France, making industrial relations reform a key item on the government agenda. French trade unions seemed due for a golden age of growth and importance. Today, however, trade unions are weaker in France than in any other advanced capitalist country. How did such exceptional militancy give way to equally remarkable quiescence? To answer this question, Chris Howell examines the reform projects of successive French governments toward trade unions and industrial relations during the postwar era, focusing in particular on the efforts of post-1968 conservative and socialist governments. Howell explains the genesis and fate of these reform efforts by analyzing constraints imposed on the French state by changing economic circumstances and by the organizational weakness of labor. His approach, which links economic, political, and institutional analysis, is broadly that of Regulation Theory. His explicitly comparative goal is to develop a framework for understanding the challenges facing labor movements throughout the advanced capitalist world in light of the exhaustion of the postwar pattern of economic growth, the weakening of the nation-state as an economic actor, and accelerating economic integration, particularly in Europe.

Challenging the prevailing idea that labor markets are governed by universal economic processes, this significant work argues instead that labor markets develop in tandem with social and political institutions, and thus function in locally specific ways. Focusing on the complex social processes that lie at the heart of the labor market, the author offers a provocative new perspective and proposes new ways of conducting research in the area.

In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.

Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.

Work is now more deadly than war, killing approximately 2.3 million people a year worldwide. The United States, with its complex regulatory system, has one of the highest rates of occupational fatality in the developed world, and deteriorating working conditions more generally. Why, after a century of reform, are U.S. workers growing less safe and secure? Comparing U.S. regulatory practices to their European and Latin American counterparts, Root-Cause Regulation provides insight into the causes of this downward trend and ways to reverse it, offering lessons for rich and poor countries alike. The United States assigns responsibility for wages and hours, collective bargaining, occupational safety, and the like to various regulatory agencies. In France, Spain, and their former colonies, a single agency regulates all firms. Drawing on history, sociology, and economics, Michael Piore and Andrew Schrank examine why these systems developed differently and how they have adapted to changing conditions over time. The U.S. model was designed for the inspection of mass production enterprises by inflexible specialists and is ill-suited to the decentralized and destabilized employment of today. In the Franco-Iberian system, by contrast, the holistic perspective of multitasking generalists illuminates the root causes of noncompliance—which often lie in outdated techniques and technologies—and offers flexibility to tailor enforcement to different firms and market conditions. The organization of regulatory agencies thus represents a powerful tool. Getting it right, the authors argue, makes regulation not the job-killer of neoliberal theory but a generative force for both workers and employers.

In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.