Misplaced Pages

#743256

43-576: In the 1930s, custom gas guns by FedLabs were adopted by the New York Prison department, following a sales pitch made before the APA by the president of FedLabs in Baltimore in 1931. Also in the 1930s, Federal Laboratories actively worked to sell gas guns for the purpose of strikebreaking . One FedLabs representative fired a tear gas grenade during the 1934 West Coast waterfront strike that caused

86-926: A pre-dawn raid on protesters camped in Pearl Roundabout . A month later it requested security assistance from Saudi Arabia and other Gulf Cooperation Council countries and declared a three-month state of emergency. The government then launched a crackdown on the opposition that included conducting thousands of arrests and systematic torture . Almost daily clashes between protesters and security forces led to dozens of deaths . Protests, sometimes staged by opposition parties, were ongoing. More than 80 civilians and 13 policemen have been killed as of March 2014. According to Physicians for Human Rights , 34 of these deaths were related to government usage of tear gas originally manufactured by U.S.-based Federal Laboratories. In March 1994, TransTechnology sold FedLabs to Mace Security International , which subsequently sold

129-491: A racist connotation, as it was used in this way in 1859 in the United Kingdom: "If you dare work we shall consider you as blacks..." Lexicographer Geoffrey Hughes, however, notes that blackleg and scab are both references to disease, as in the blackleg infectious bacterial disease of sheep and cattle caused by Clostridium chauvoei . He dates the first use of the term blackleg in reference to strikebreaking to

172-522: A guilty plea or conviction, restraining orders and probationer's search and seizure procedures. Freedom of association is also legally restricted in certain circumstances such as with the Civil Rights Act , in which private discrimination against certain protected classes was made illegal. The general freedom to associate with groups according to the choice of the individual, and for the groups to take action to promote their interests, has been

215-527: A military character shall be forbidden. The South African Constitution 's Bill of Rights establishes the right to freedom of association in Section 18, which states "Everyone has the right to freedom of association." Furthermore, Section 17 states "Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions", thus establishing the right to freedom of assembly . Workers' right to freedom of association in terms of

258-543: A necessary feature of every democratic society. Because freedom of association necessarily recognizes pluralistic sources of power and organisation, aside from the government, it has been a primary target for repression by all dictatorial societies. In the United Kingdom , all forms of "combination" were prohibited and criminal, particularly worker organisations, until the Combination Act 1825 . After this, it

301-544: A particular workplace to join a union as a term and condition of employment. Supporters of this sort of private freedom of association claim that the right to join a union incorporates a right not to join a union. In the United States , the term ' right-to-work law ' is more common for this type of law. "The Supreme Court today (1-21-1997) sharply limited the ability of labor union organizers to go onto an employer's property to distribute literature or urge workers to join

344-559: A religious test to their membership. Thus, the college's all-comers policy is a reasonable, viewpoint-neutral condition on access to the student organization forum. The implicit First Amendment right of association in the U.S. Constitution has been limited by court rulings. For example, it is illegal in the United States to consider race in the making and enforcement of private contracts other than marriage. This limit on freedom of association results from Section 1981 of Title 42 of

387-473: A religious test. The Court found that the school's conditions on recognizing student groups were viewpoint neutral and reasonable. The policy requires student organizations to allow "any student to participate, become a member, or seek leadership positions, regardless of their status or beliefs" and so, can be used to deny the group recognition as an official student organization because it had required its members to attest in writing that "I believe in: The Bible as

430-437: A vast array of interests – such as culture, recreation, sport and social and humanitarian assistance. Jeremy McBride argues that the formation of non-governmental organizations ( NGOs ), which he equates with civil society , is the "fruit of associational activity". Right-libertarians believe that while freedom of association includes the right for workers to organise as unions and to withdraw their labour it also recognises

473-409: Is a distinction between a blackleg and a scab . He defines a scab as an outsider who is recruited to replace a striking worker, whereas a blackleg is one already employed who goes against a democratic decision of their colleagues to strike, and instead continues to work. The fact that McIlroy specified that this should be a "democratic" decision has led the historian David Amos to question whether

SECTION 10

#1732775570744

516-485: Is an essential part of freedom of speech because, in many cases, people can engage in effective speech only when they join with others. Other Supreme Court cases involving freedom of association issues include: A fundamental element of personal liberty is the right to choose to enter into and maintain certain intimate human relationships. These intimate human relationships are considered forms of "intimate association." The paradigmatic example of "intimate association"

559-521: Is believed to originate from the 1844 strike, which would predate Hughes's reference. The song is thought to originate from the 1844 Miners' Lockout in the North East Coalfield. David John Douglass claims that the term blackleg has its origins in coal mining , as strikebreakers would often neglect to wash their legs, which would give away that they had been working whilst others had been on strike. John McIlroy has suggested that there

602-439: Is manifested through the right to join a trade union , to engage in free speech or to participate in debating societies, political parties , or any other club or association, including religious denominations and organizations , fraternities , and sport clubs and not to be compelled to belong to an association. It is closely linked with freedom of assembly , particularly under the U.S. Bill of Rights . Freedom of assembly

645-494: Is recognized as a fundamental human right by a number of documents including the Universal Declaration of Human Rights and International Labour Organization Convention C87 and Convention C98 – two of the eight fundamental, core international labour standards. 'Freedom of association' can also refer to legal bans on private contracts negotiated between a private employer and their employees requiring workers at

688-508: Is the family. Depending on the jurisdiction it may also extend to abortion, birth control and private, adult, non-commercial and consensual sexual relationships. In the United States, expressive associations are groups that engage in activities protected by the First Amendment – speech , assembly , press, petitioning government for a redress of grievances, and the free exercise of religion . In Roberts v. United States Jaycees ,

731-479: Is typically associated with political contexts. However, (e.g. the U.S. Constitution , human rights instruments , etc.) the right to freedom of association may include the right to freedom of assembly . The courts and delegated officers of local jurisdictions may impose restrictions on any of the rights of a convicted criminal as a condition of a legal stipulation. Rights to freedom of association and freedom of assembly are waived under certain circumstances, such as

774-708: The Clayton Act of 1914 , trade unions were given a general freedom to organize and to act collectively to secure collective agreements, however further hurdles were put in place until the National Labor Relations Act of 1935 created a comprehensive labor code. Section 2 of the Charter, under the heading of " Fundamental Freedoms ", states: Everyone has the following fundamental freedoms: ... d) freedom of association. Under Canadian jurisprudence , freedom of association has three dimensions:

817-491: The European Union member states to determine their own policies. Strikebreaking is also known as black-legging or blacklegging . American lexicographer Stephanie Smith suggests that the word has to do with bootblacking or shoe polish , for an early occurrence of the word was in conjunction with an 1803 American bootmaker's strike. However, British industrial relations expert J.G. Riddall notes that it may have

860-682: The European Union 's Community Charter of the Fundamental Social Rights of Workers permits EU member states to regulate the right to strike. Striker replacement (hiring workers to replace striking workers during the course of a strike) is not banned or restricted by international law. However, the ILO has concluded striker replacement, while not in contravention of ILO agreements, carries with it significant risks for abuse and places trade union freedoms "in grave jeopardy." Regarding permanent replacement rather than just replacement for

903-569: The Fascist dictatorship of Hitler 's National Socialist party, and the existing unions were nationalized and combined into a single government controlled German Labor Front . In West Germany after World War II , free trade unions were quickly resurrected and guaranteed by the German Grundgesetz . In the United States , trade unions were classified by various state courts, at various times, as being in restraint of trade . Under

SECTION 20

#1732775570744

946-586: The Nottinghamshire miners in 1984–85 were true blacklegs, given the lack of a democratic vote on the strike. : "If we use McIlroy's interpretation can the Nottinghamshire miners of 1984-85 be seen to have been 'blacklegging' as against 'scabbing'? However, there is one contentious point in McIlroy's interpretation, the breaking of the 'democratic process'. It is because there was some debate over

989-503: The U.S. Supreme Court held that laws banning associations from excluding people for reasons unrelated to the group's expression are constitutional. However, in the subsequent decisions of Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston , the Court ruled that a group may exclude people from membership if their presence would affect the group's ability to advocate a particular point of view. The government cannot, through

1032-782: The United States Bill of Rights , article 11 of the European Convention on Human Rights , section 2 of the Canadian Charter of Rights and Freedoms , and international law , including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights . The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights. Freedom of association

1075-729: The United States Code , as balanced against the First Amendment in the 1976 decision of Runyon v. McCrary . Governments often require contracts of adhesion with private entities for licensing purposes, such as with Financial Industry Regulatory Authority for stock market trading in the 1938 Maloney Act amendments to the Securities Exchange Act of 1934 . These contracts often bar association with banned members, as can be seen in United States v. Merriam , 108 F.3d 1162. The organization of labor

1118-439: The freedom of association as well as the freedom for workers to organize and established principles on the right to strike through rulings. For example, the ILO has ruled that "the right to strike is an intrinsic corollary of the right of association protected by Convention No. 87." The European Social Charter of 1961 was the first international agreement to expressly protect the right to strike. Similar to international law,

1161-724: The "constitutive" right to form associations with other people, a "derivative" right to collectively invoke other constitutional rights, and the "purposive" right to collectively bargain in order to be on equal footing with other groups and entities. In Italy the freedom of association is established in Article 18 of the Constitution , which states: Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law. Secret associations and associations that, even indirectly, pursue political aims by means of organisations having

1204-401: The 1966 International Covenant on Economic, Social and Cultural Rights establishes: "The right to strike, provided that it is exercised in conformity with the laws of the particular country." The International Labour Organization (ILO) Committee on Freedom of Association and other ILO bodies have interpreted all core ILO conventions as protecting the right to strike as an essential element of

1247-566: The United Kingdom in 1859. The use of the term blackleg for a strikebreaker was, however, previously recorded in 1832 during the trial of special constable George Weddell for killing and slaying Cuthbert Skipsey, a striking pitman, near Chirton, Newcastle-upon-Tyne. Hughes observes that the term was once generally used to indicate a scoundrel, a villain, or a disreputable person. However, the Northumbrian folk song " Blackleg Miner "

1290-404: The company in 1998 to Armor Holdings . Armor holdings was in turn acquired by BAE Systems in 2007. Strikebreaking A strikebreaker (sometimes pejoratively called a scab , blackleg , bootlicker , blackguard or knobstick ) is a person who works despite an ongoing strike . Strikebreakers may be current employees ( union members or not), or new hires, who are hired after or during

1333-562: The death of a striker due to skull fracture. Auerbach notes, however, that despite FedLabs stated opposition to "communist" strikers, the firm continued to sell tear gas to the Soviet Union even during 1933. During World War II, the company's factory near Saltsburg, PA along Tunnelton Road employed women to replace drafted male workers. There the women produced "incendiary magnesium powder bombs, grenades and other munitions", including FedLabs tear gas grenades. The single shot FRG became

Federal Laboratories - Misplaced Pages Continue

1376-491: The democratic process in the 1984-85 miners' strike that the question is raised as to whether the working Nottinghamshire miners were scabs at all." Strikebreakers have also been known as knobsticks . The term appears derived from the word knob , in the sense of something that sticks out, and from the card-playing term nob , as someone who cheats. Freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily,

1419-407: The duration of the strike, the ILO has held that "this basic right [to strike] is not really guaranteed when a worker who exercises it legally runs the risk of seeing his or her job taken up permanently by another worker." In most European countries, strikebreakers are rarely used. Consequently, they are rarely if ever mentioned in most European national labor laws. As mentioned above, it is left to

1462-402: The exercising of this freedom by all sections of society are essential both to establish a "genuine democracy " and to ensure that, once achieved, it remains "healthy and flourishing". In this regard he sees the formation of political parties as a significant manifestation of the freedom of association. The freedom of association is however not only exercised in the political sense, but also for

1505-538: The inspired word of God; The Deity of our Lord, Jesus Christ, God's son; The vicarious death of Jesus Christ for our sins; His bodily resurrection and His personal return; The presence and power of the Holy Spirit in the work of regeneration; [and] Jesus Christ, God's son, is Lord of my life." The Court reasoned that Hastings sought to treat all student groups equally; the CLS, on the other hand, sought an exemption to apply

1548-485: The right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right , guaranteed by all modern and democratic legal systems, including

1591-639: The right to form trade unions and collective bargaining is recognized separately, in Section 23. While the United States Constitution 's First Amendment identifies the rights to assemble and to petition the government , the text of the First Amendment does not make specific mention of a right to association. Nevertheless, the United States Supreme Court held in NAACP v. Alabama (1958) that freedom of association

1634-729: The standard riot gun used extensively by the British Army throughout The Troubles in Northern Ireland . FedLabs gas guns, and CS and CN grenades, were imported by Israel for use in the Palestinian Territories ; in 1988 FedLabs discontinued sales of CS and CN to Israel following multiple reports of abusive use of the products. Inspired by the regional Arab Spring , Bahrain's Shia majority started large protests against its Sunni rulers in early 2011. The government initially allowed protests following

1677-427: The strike to keep the organization running. In continuing to work, or taking jobs at a workplace under current strike, strikebreakers are said to "cross picket lines ". Some countries have passed laws outlawing strikebreakers to give more power to trade unions , other countries have passed right-to-work laws which protect strikebreakers. The right to strike is well-established in international law. In particular,

1720-535: The union. In a 6-to-3 opinion written by Justice Clarence Thomas, the Court said that the National Labor Relations Board had failed to give adequate protection to employers' property rights when it adopted a rule four years ago that gave union organizers greater access to areas like the parking lots of shopping centers or factories." -New York Times Jeremy McBride argues that respecting the freedom of association by all public authorities and

1763-583: The use of anti-discrimination laws, force groups to include a message that they do not wish to convey. This concept continues to apply broadly to private groups, notwithstanding the Supreme Court's ruling in Christian Legal Society v. Martinez (2010), which upheld Hastings College of Law policy that a student group on campus could not enjoy university recognition while excluding people from group activities by requiring them to undergo

Federal Laboratories - Misplaced Pages Continue

1806-465: Was commonly resisted during the 19th century, with even relatively liberal countries such as the United Kingdom banning it for various periods (in the UK's case, between 1820 and 1824). In the international labour movement, the freedom of association is a right identified under international labour standards as the right of workers to organize and collectively bargain . Freedom of association, in this sense,

1849-820: Was still not by the Companies Act 1856 , the Trade Union Act 1871 and the Criminal Conspiracy and Protection of Property Act 1875 that companies and then trade unions became generally lawful. In Germany, a similar set of repressive laws were put in place against both trade unions and social democrat organisations by the Bismarck government under the Sozialistengesetze (the "Socialist Acts") in 1878. These remained in force until 1890. In 1933, trade unions were once again prohibited by

#743256