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Copyright © August 2000
by Human Rights Watch
All rights reserved.
Printed in the United States
of America.
ISBN: 1-56432-251-3
Library of Congress Catalog
Card Number: 00-107304
TABLE OF CONTENTS
I. SUMMARY
Policy and Reality
Workers' Voices
International Human
Rights and Workers
International Labor
Rights Norms
II. FINDINGS AND
RECOMMENDATIONS
General
Immigrant Workers
Agricultural Workers
H-2A Workers
III. WORKERS' FREEDOM
OF ASSOCIATION UNDER INTERNATIONAL HUMAN RIGHTS LAW
The International
Background
International Human
Rights Instruments
Regional Instruments
ILO Conventions
and OECD Guidelines
U.S. Commitments
in the Multilateral Setting
U.S. Trade Laws
The North American
Free Trade Agreement
IV. FREEDOM OF ASSOCIATION
UNDER U.S. LABOR LAW
The U.S. Legal
Framework for Workers' Freedom of Association
How Workers Form
and Join Trade Unions in the United States
How the National
Labor Relations Board Works
V. CASE STUDIES
OF VIOLATIONS OFWORKERS' FREEDOM
OF ASSOCIATION
Context: The Increase
in Workers' Rights Violations under U.S. Law
Service Sector
Workers
South Florida Nursing Homes
San Francisco, California Hotels
Food Processing
Workers
North Carolina Pork Processing
Detroit, Michigan Snack Foods
Manufacturing
Workers
Baltimore, Maryland Packaging Industry
Northbrook, Illinois Telecommunications Castings
New Orleans, Louisiana Shipbuilding
New York City Apparel Shops
Migrant Agricultural
Workers
Washington State Apple Industry
North Carolina Farmworkers and the H-2A Program
Contingent Workers
High-Tech Computer Programmers
Express Package Delivery Workers
VI. LEGAL OBSTACLES
TO U.S. WORKERS' EXERCISE OF FREEDOM OF ASSOCIATION
Defenseless Workers:
Exclusions in U.S. Labor Law
Agricultural Workers
Domestic Workers
Independent Contractors
Supervisors
Managers
Other Exclusions
Public Employees
Colorado Steelworkers,
the Right to Strike and Permanent Replacements in U.S. Labor Law
Worker Solidarity
and Secondary Boycotts