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This chapter examines the rise and fall of the Commission on the Future of Worker-Management Relations (Dunlop Commission) in the early 1990s. It uses the events surrounding the Commission to provide an insight into the dynamics of the struggle over federal labor law reform. The inability of the Dunlop Commission to get labor and management representatives to agree on proposals for labor law reform demonstrated, yet again, that employer opposition is the greatest obstacle to the protection of organizing rights and modernization of labor law. For the nation's major management associations, labor law reform is a life and death issue, and nothing is more important to them than defeating revisions to the National Labor Relations Act (NLRA) intended to strengthen organizing rights. The failure of labor law reform in the 1990s also demonstrated that the labor movement would never win reform by means of an “inside the beltway” legislative campaign – designed to push reform through the US Senate – because the principal employer organizations would always exercise more influence in Congress. Instead, unions must engage with public opinion, and convince union and nonunion members about the importance of reform. Thus far, however, they lack an effective language with which to do this.

The July 2, 2000, electoral victory of Vicente Fox of the opposition National Action Party (PAN) as president of Mexico marked an historic turning point in that country’s political development. The ouster from power of Mexico’s Institutional Revolutionary Party (PRI) after seventy-one years promised to rupture the long-time alliance between organized labor, the state, and the PRI. A transition to a democratic political regime would create new opportunities for the struggling independent labor movement in Mexico. More importantly, a political transition would make possible for the first time a shift away from an authoritarian-corporatist system of industrial relations toward a democratic model of labor governance.

In the aftermath of the Communist Era, Czechs and Slovaks sought to enter the European Union (EU) in order to participate in Western European markets and polities. To gain entry, they had to reform their labor laws based on EU protocols. This study analyzes changes in labor law in the Czech Republic by focusing on differences between statutes and regulations in the Communist and Post-Communist Eras. The study is framed by international approaches to law that locate sources of legal change in international organizations and protocols. In reforming Czech labor law, EU labor law standards were established through internal political processes that were themselves shaped by EU requirements rooted in pluralism and the rule of law.

This paper argues that structural and institutional reforms imposed by the military regime and accepted by the Concertación impose substantial impediments to collective action among Chile's popular sectors. In particular, labor market and social welfare policies exacerbate social stratification, deprive the public of vital resources, reinforce workers’ vulnerability to market forces and undermine social trust. These dynamics and the state structures that perpetuate them indicate the state's role in either facilitating or impeding collective action among subordinate segments of the population. They further suggest the negative impact neoliberalism has on the quality of democracy by constraining popular participation.

The growing incidence of precarious employment across many sectors is a serious challenge for a developing country like India. Neo-liberal arguments justify precarity as essential for the development of the free market economy and advocate realigning human resource practices with an ever-changing business environment and labor cost conditions. This chapter seeks to identify the determinants and dynamics surrounding precarity of workers engaged in temporary employment in India. It uses the unique Employment and Unemployment Survey data set published by the National Sample Survey Organisation of Government of India for two time periods 2009–2010 (66th Round) and 2011–2012 (68th Round) to bring out the dimensions of precarity and identify the determinants (both micro- and macro-levels) of participation in temporary employment. We find that precarious employment is most likely to affect the young, women, non-union members, those belonging to minority and socially deprived communities with low land holding and low educational status. Precarious employment is also most pronounced in states where labor-intensive industries are exposed to global import competition and where labor laws are rigid. The chapter concludes by discussing the implications of these findings for the economic and social policies that Indian governments have adopted in recent years.

The campaign for striker replacement legislation, which began in the late 1980s and had effectively ended by the mid-1990s, was the most important political battle over labor legislation since the defeat of the Labor Law Reform Bill in 1978. Striker replacement was the AFL-CIO’s top legislative priority in the early 1990s and, coming quickly after the passage of NAFTA, which labor had opposed, the defeat of its campaign solidified organized labor’s reputation for failure in legislative battles. As yet, however, the political campaign for striker replacement legislation has attracted surprisingly little attention from industrial relations scholars.

Looks at the decline of unionization in the USA, and its future prognosis, with regard to the labour laws. States that a conservative ideology now favours capitalistic interests over workers’ rights, which divert negotiations with regard to unionizing with free collective bargaining.

Employment law reform enforced in Estonia in mid-2009 provides a good opportunity to examine the outcomes of employment protection legislation (EPL). The purpose of this paper is to evaluate the effects of the reduction in EPL on labour reallocation.

The author exploits the micro-data of the Labour Force Survey to estimate the probabilities of one-year worker flows with probit models, and uses a difference in differences (DID) approach to identify the effects of the EPL reform.

The author finds that the reduction in EPL seems to have increased the probability of transitions out of employment. At the same time, she does not find any significant effect of this reform on the probability of flows into employment. The evaluation also gives evidence of a lowered probability of job-to-job transitions resulting from the reduction in EPL.

In this paper, the DID estimation is conducted by using Lithuanians as the control group for Estonians. However, it should be noted that this approach assumes strong similarities between these countries in order to obtain reliable estimates.

The findings of this paper raise the possibility that the reduction in EPL alone may not have been sufficient for achieving a better reallocation of labour and this is important to consider in the context of further developments in other labour market institutions.

For over thirty years, one of the most overt forms of employer opposition to unionization has been anti-union campaigns conducted by union avoidance consultants. As a result, both union and employer associations have attempted to influence the provisions of the LMRDA that cover consultant activities. This article provides the first comprehensive historical analysis of the LMRDA's reporting and disclosure requirements covering employers and consultants. The first section examines consultant reporting policy from the late 1950s to the late 1970s, a period when unions filed relatively few complaints and the DOL initiated few investigations, but the consultant industry expanded significantly. Section two examines developments in the 1980s – the period of greatest congressional and judicial activity on consultant reporting since the 1950s. The final section looks at post-1980s events and examines why organized labor has persisted with its campaign to reform government policy on consultant reporting, despite its inability to make progress on the issue over the past four decades.

In recent years, the long-declining U.S. labor movement has refocused in new and promising ways on rank-and-file mobilization, in organizing drives, collective bargaining conflicts and political campaigns. Such efforts are widely viewed as the best hope for revitalizing the labor movement: breathing new life into tired old unions, winning organizing drives and raising membership levels, increasing political influence, pushing toward the power necessary to reform labor law and ineffective labor institutions. The stakes are high and the goals ambitious: to close the “representation gap” at the workplace, reverse growing economic and social inequality, and build new coalitions for expanded democratic participation in local, national and global politics.