Artykuły w czasopismach na temat „Collective bargaining – Government employees – United States”

This paper discusses collective bargaining in the United States over matters of job security, employment creation, and firm competitiveness. It first points out that US policy on economic issues is oriented toward facilitating the operation of markets; therefore, there is almost no public policy toward job security, employment creation, and competitiveness on which collective bargaining can build. Within the collective bargaining system, government policy merely enables unions and employers bargain over job security, employment creation, and firm competitiveness; it neither requires it nor even encourages it. Incidence of such use of collective bargaining thus varies by industry, with occasional use for competitiveness, but rare use for job creation. An exception is the automobile assembly industry, which is highlighted.

In recent years a dramatic increase has been seen in the number of public sector employees involved in union activities. Local government entities encompass some of the most fertile union ground in the United States. This increase in public sector unionism is proportional to declines in private sector unionism. For traditionally private sector unions to compensate for membership declines, it became necessary for labor organizations to move into areas which had largely been untapped and unorganized. States, like Utah, which do not have statutes permitting the recognition of public sector employee unions, but which do have right-to-work laws, present unique problems for labor unions. This study presents the findings of a survey assessing the status of public employee unions in Utah's municipalities given the absence of a public sector bargaining statute and the presence of a right-to-work law. Key indicators include local administrators' understanding of “right-to-work,” the size and type of municipality, the frequency of collective bargaining agreements, the frequency of formal recognition of public employee groups, the relationship between the presence or absence of collective bargaining agreements and the employee dispute resolution process, collective bargaining agreements and the employee dispute resolution process, collective bargaining agreements and the employee dispute resolution process, and the municipalities' reasons for employee group recognition or non-recognition. The findings are followed by specific recommendations for action.

The purpose of this study was to examine paid sick leave (PSL) practices among large municipal governments in the United States. Results of a national survey suggest that over 90% of these governments offer PSL. Few reported making any post-recession changes, and in fact, most governments continue to allow employees to rollover unused sick leave from year to year, cash out unused sick leave upon termination, and/or include unused sick leave in pension calculations despite the sometimes significant cost of such policies. Documentation is required in 70% of governments, but formal auditing of PSL occurs in less than one third of responding governments. Type of government, employee classification (e.g., public safety vs. general staff), collective bargaining, and whether the government requires public hearings for public employee benefit changes were significant factors in determining certain PSL practices.

Labor conflicts can be solved by an efficient collective bargaining system with consensus-based. Since the economic uncertainty caused by COVID-19, employers have been shut down or have had to reduce operations drastically and many employers want to furlough or dismiss employees under certain circumstances in China. Meanwhile, many workers have lost income. Since workers have gone back to the worksite in March 2020, labor unrest has spread out in order to ask for wage arrears in the manufactory, construction, and service sectors in terms of strikes map from China Labor Bulletin. The paper targets on three different countries with top economies, and examines its bargaining models to keep industrial peace. The paper argues that China bargaining model under state-control strongly depends on government intention for intervention where there is labor unrest, and the system less focuses on self-governance which may result in a hard time to maintain industrial resources, even though the state issued the related policies to highly encouraged companies to hold a negotiation before the lay off workers, reduce wages or work time in order to be employed. While fewer polices and China traditional command-and-control regulation models could not provide an efficient approach to relief labor unrest in the pandemic, Germany's bargaining model is more flexible to provide an example for new governance and co-determination. Also, the bargaining model with sector-level reforms could do more for the United States private sectors in order to the corporation instead of adversarialism. From a comparison among three collective bargaining models, the paper concludes the approaches to protect workers’ rights from global perspectives.

Purpose – To explore state employee union density, this paper discusses determinants of state sector union density and then empirically examines the linkages of the determinants and state union membership in the USA. Design/methodology/approach – After operationalizing and measuring the indicators of the crucial determinants of state employee union density, this study conducts a cross-sectional analysis on state sector union density. The dependent variable used in this study is state employee union density in the USA. The independent variables used in this study are the presence of a liberal state government, the presence of collective bargaining laws, the size of a budget deficit, and an unemployment rate which could determine state sector union density. Findings – This study finds that state union density is not determined by the size of budget deficits and the presence of liberal governors but by the presence of collective bargaining laws and liberal state legislatures and unemployment rates. Additionally, this study reveals that unified governments can make a difference in state employee union density. For instance, liberal states controlling both the state executive and legislative branches have a positive impact on state employee union density, while conservative states ruling both branches have a negative impact on state union density. Originality/value – This paper analyzed pooled cross-sectional data on state employee union density in the US with regards to crucial legal, political, financial, and economic variables.

BlueBird Bio is a biotechnology multinational corporation (MNC), with headquarters in Cambridge, Massachusetts, specializing in gene therapy solutions for autoimmune diseases and cancer. The company was recently approved, in Germany, for their new drug Zynteglo for the treatment of betta thalassemia. This approval opened the door for further investment in the European market, starting with the contracting of Apceth Biopharma and purchases of new land and equipment to establish a permanent residence in the country. The opening of the new European headquarters will demonstrate new challenges for BlueBird Bio, as cultural and institutional differences between the host country and parent country are quite distinctive. Some of the main differences among countries are their cultural dimensions in dealing with risk, masculinity, and indulgence. Unlike the United States, Germany is risk avert, values input of all in decision-making, and has a general attitude following the best practice approach. The US focuses on the individual dimension of a culture where employees are valued for their independence. Furthermore, the differences between governmental policies in the two countries vary strongly. The German government has strict policies on employee protection and can affect the decision making of the organization. There is also the presence of labor unions and collective bargaining; two aspects of organizational structure US-based companies are trying to avoid. BlueBird Bio is an emerging MNC, and its success depends upon its ability to recognize the differences in cultures and institutions between the countries. The company has already been exposed to multiple countries in Europe and has strong programs in employee education supplemented with strong company benefits for its employees, which is providing excellent groundwork for establishing headquarters in Germany.

The Association Agreement concluded in 2014 by and between the European Union and theEuropean Atomic Energy Community and their Member States, on the one part, and Georgia onthe other part, obliges Georgian Government to respect, promote and realize in its law andpractice the effective recognition of the right to collective bargaining. The research aims atemphasizing the main aspects promoting the effective recognition of the right to collectivebargaining.The research highlights the necessity of establishing the notion of “extension” of a collectiveagreement and stating the mandatory and voluntary issues of collective bargaining on thestatutory level, as an effective means for protecting employees’ interests. Additionally, theresearch considers the mechanism of collective bargaining as a token of the commonwealth andthe economic stability of the country and evaluates its impact on the prevention and settlement ofcollective disputes. Consequently, it is aimed at detecting the shortcomings of the presentGeorgian law and to propose possible ways of improvement

Why did public sector unionization rise so dramatically and then plateau at the same time as private sector unionization underwent a precipitous decline? The exclusion of public sector employees from the centerpiece of private sector labor law—the 1935 Wagner Act—divided U.S. labor law and relegated public sector demand-making to the states. Consequently, public sector employees' collective bargaining rights were slow to develop and remain geographically concentrated, unequal and vulnerable. Further, divided labor law put the two movements out of alignment; private sector union density peaked nearly a decade before the first major statutes granting public sector collective bargaining rights passed. As a result of this incongruent timing and sequencing, the United States has never had a strong union movement comprised of both sectors at the height of their membership and influence.

This article discusses the arguments against adopting collective bargaining in the public sector and its benefits. Collective bargaining in the public sector is viewed primarily as undermining democratic governance in one way and paradoxically it is seen as an essential part of democratic governance. In the former view, collective bargaining in the public sector is seen as an interference with administrative law for personal benefit to the detriment of the taxpayer. Proponents of this view argue that unionising public sector employees encourages disloyalty to the government at the expense of public welfare. In the later view, public sector collective bargaining is viewed as a fundamental human right in a pluralistic society. Advocates of this view posit that, public sector unions provide a collective voice that stimulates improvement of government services as well as sound administration of law. They also argue that, public sector collective bargaining represents public policy interests and serves as a watchdog to government’s monopoly power in employment matters. Public sector unions raise employee salaries and perks to levels higher than they would have been in the absence of collective bargaining. These two opposite views are subjected to a critical analysis in this paper, with empirical evidence for both the benefits of public sector collective bargaining and arguments against public sector unions. The article found that public sector collective bargaining depends on the socio-economic background of states although international laws favour public sector unionism.

Background: This article presents a study of the theoretical and practical aspects of balancing the interests of employers and employees in the context of Kazakhstan and the United States. The core purpose was to develop such mechanisms that can aid in balanced employer-employee relations in Kazakhstan. The article analyses the role of legal codes and frameworks for the elimination of imbalance in disputed employment relations. Methods: A qualitative study was conducted and the relevant legislation, codes and extant literature related to the rights of employees and employers were explored, which included ILO documents and relevant research articles. The article investigates Kazakhstan’s and United States’ labour code and legislation to determine the applicable procedural mechanisms for balancing the interests of employers and employees. Results and Conclusions: On the basis of this study, a number of recommendations have been developed, aimed at protecting the interests of both employers and employees. In particular, the article presents a procedural developed mechanism based on three aspects of employment relations: social dialogue, collective bargaining and dispute resolution aimed at securing the rights and interests of both parties. The developed mechanisms not only facilitate mutually beneficial decisions appealing to the interests of employees and employers via social dialogue and collective bargaining agreements but also aim to reduce the number of labour disputes in the courts in the future with alternative resolution mechanisms.

This article explores the current trends and issues surrounding physician unionization in the United States, using data from secondary sources and nine interviews with leaders of organizations at the forefront of physician unionizing efforts. Several key points are supported by these data and prior unionization research. First, unions should become a viable organizing alternative for the almost 50% of doctors who are salaried employees because of fewer legal barriers to collective representation, the involvement of national labor unions with resources to spend on organizing, more physicians belonging to demographic groups less hostile to organized labor, and work -related pressures faced by physician-employee under managed care. A second key point is that unions will find it difficult to represent self-employed physicians because of the influence of organized medicine and legal barriers to gaining collective bargaining rights for this group. This discussion is intended to raise awareness of the physician union issue among health care policy-makers and researchers.

SummarySince the onset of the Great Recession, anti-union conservatives have been hammering out an arguably bogus yet politically potent argument: collective bargaining with government workers is unaffordable as their wages, health benefits, and pensions are driving states into deficits. Whilst evidence does not support the politically motivated attacks on public sector workers and their unions, a confluence of political-economic factors has been abetting efforts to scapegoat public employees and their unions.The first section of this essay places the 2011 wave of anti-public-sector-collective-bargaining statutes in its broad political and economic context. Whilst resulting from a longstanding hostility of the USA’s conservative movement to unionism and collective bargaining, recent anti-public-sector-collective-bargaining statutes are also the outcome of three political-economic developments galvanising anti-union GOPers—first, the fact that most US union members are now government workers, which makes it easier for anti-unionists to characterize them as a “privileged” elite; second, the Great Recession and ensuing deficit crisis; and third, the rousing of the conservative movement that led to the 2010 electoral “shellacking” of the Democrats. The second section focuses specifically on Wisconsin and argues that what is going on there ought to be seen for what it is: an attempt to exploit the economic crisis to win an eminently political victory over organised labour and allied Democrats.

Unlike most other countries, in the United States, subnational governments (states) have substantial authority over collective bargaining and union organization laws. Because states compete for business investment and union (dis)organization likely has spillover effects beyond state borders, weak unions in one state may affect union organization in other states. We examine how union decline in one state is associated with union decline in neighboring states, and whether the presence of prounion (left-leaning) governments may limit the spread of union decline. Examining a period of major union decline (1983–2014), we find that union weakness in one state is associated with union weakness in nearby states. We observe that Democratic power in Congress is associated with higher unionization rates, but that liberal state governments have been relatively powerless to stop union decline in this period. These findings have important implications for understanding the historical and contemporary weakness of American unions and for the future of union strength in the United States.

The author states that the conventional wisdom has viewed collective bargaining in the public service as unnecessary, impractical and illegal. And he adds that, in general, and until recently, the prevailing practices in the United States and Canada have been in close harmony with the conventional wisdom. But the restless change of events threatens the existing state of affairs, described by the conventional wisdom, with progressive obsolescence. And the author answers the two following questions: Can the industrial relations system of the private sector be applied to public employment? To what extent does the nature of government employment raise unique problems? The enemy of the conventional wisdom is not ideas but the march of events. J.K. GALBRAITH, « The Affluent Society »

Abstract: This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights of consultation with employers and take a more proactive approach to protection of employee privacy. While this approach offers promise for achieving greater privacy for employees and more flexibility for employers, the article concludes that it is unlikely to be widely adopted in the U.S. because of the limited power of labor unions.

State and local government workers in the United States are covered by a wide variety of collective bargaining laws, thus providing a rare opportunity to analyse the effects of the law on union membership. Analysis of a large micro-data sample shows that several aspects of bargaining laws, particularly provisions relating to exclusive jurisdiction and union security, have a pronounced effect on the probability that a worker will be a union member. An individual covered by the right to strike is less likely to be a union member than an individual covered by a compulsory arbitration law. Estimates indicate that deregulation of an industrial relations system that provides incentivesfor unionism similar to those that exist in Australian policy would produce a dramatic decline in membership.

Twelve-hour days persisted in British and U.S. iron and steel after most industrial workers worked eight-hour days. When shorter hours finally came, sooner in Britain, they came abruptly. This article presents a model of working hours as public goods; when job attributes are shared there is a collective choice problem. In Britain, a collective bargaining mechanism reconciled the preferences of workers and capital owners and facilitated the move to shorter hours. In the United States immigrants had been willing to work long hours. When immigration was cut off, the government intervened.

The Author first describes the « contradictory values » which surround collective bargaining and industrial peace, going through a brief analysis of various industrial relations theories: those of Market, Government and Union Participation in Management. He then goes on to distinguish between various manifestations of industrial conflicts—one of which being the strike, which is not necessarily a symptom of « unhealthy » industrial relations. The Author states that government intervention in conflicts of interests must be the exception and must have their justification in each case. He founds his thesis on the on-the-spot study of numerous data collected from the United States, Great Britain, France, Germany and, Sweden.

Public policy in the United States is disproportionately responsive to the wealthy, and the traditional response to this problem, campaign finance regulation, has failed. As students of politics have long recognized, however, political influence flows not only from wealth but also from organization, a form of political power open to all income groups. Accordingly, as this Essay argues, a promising alternative to campaign finance regulations is legal interventions designed to facilitate political organizing by the poor and middle class. To date, the most important legal intervention of this kind has been labor law, and the labor union has been the central vehicle for this type of organizing. But the labor union as a political-organizational vehicle suffers a fundamental flaw: unions bundle political organization with collective bargaining, a highly contested form of economic organization. As a result, opposition to collective bargaining impedes unions’ ability to serve as a political-organizing vehicle for lowerand middle-income groups. This Essay proposes that labor law unbundle the union, allowing employees to organize politically through the union form without also organizing economically for collective bargaining purposes. Doing so would have the immediate effect of liberating political-organizational efforts from the constraints of collective bargaining, an outcome that could mitigate representational inequality. The Essay identifies the legal reforms that would be necessary to enable such unbundled “political unions” to succeed. It concludes by looking beyond the union context and suggesting a broader regime of reforms aimed at facilitating political organizing by those income groups for whom representational inequality is now a problem.

Patrick Conroy, the secretary-treasurer of the Canadian Congress of Labour (CCL) from 1941 to 1951, was not someone who gave up easily. As a friend observed, the Scottish-born coal miner was a committed trade unionist whose “moral certitude was admirable and… one of his great strengths.” In late 1942, however, Conroy seemed ready to call it quits on the CCL's campaign to win a national collective-bargaining policy in Canada. Since its inception in September 1940, the Congress, which represented most of the industrial unions in the country, had pushed hard for a comprehensive labor policy like the National Labor Relations or Wagner Act in the United States, which protected and advanced the rights of workers. But the Liberal government of Prime Minister Mackenzie King repeatedly refused to move beyond a turn-of-the-century conciliatory framework that emphasized moral suasion and compromise. In late 1942, when a regional organizer asked Conroy whether a collective-bargaining policy appeared likely in the future, the CCL leader replied: “We do not feel it worthwhile to raise people's hopes when the record of the federal government is as it has been.”

Abstract In the years immediately following World War II, cities and townships across the United States implemented public safety programs to oversee road crossing for children outside schools. The crossing guards assigned to coordinate safe passage at busy intersections were primarily women and, as part-time workers, were a distinct sector of an expanding public sector workforce. This article highlights the origins of these public safety initiatives and how crossing guards formed associations in the 1950s and 1960s to secure economic improvements. These independent organizations articulated an important variant of labor feminism in the early postwar era, and attention to the agendas put forward by these women opens new insight into this aspect of working-class activism. Into the 1970s, many guard associations merged with AFL-CIO unions, especially the American Federation of State, County and Municipal Employees (AFSCME) and the Service Employees International Union (SEIU), becoming a catalyst for a range of programs that prioritized the needs of working women in collective bargaining agreements. The article concludes with an overview of the issues crossing guards and their organizations face in an age of increasing austerity in the new century.

The relationship between an employer and employee though governed by various laws and regulations can still at some point witness some disagreements and dispute. Labour disputes are not uncommon neither are they peculiar to a particular industry in a country. Usually, trade disputes are hinged on agitation of employees for compensation, good working conditions, job stability and agitation against unlawful termination or dismissal of from service. Over the years, employees have adopted different ways to exhibit their discomfort and grievances in order to convey their message such as strike actions, peaceful protest and so on. There’s no doubt that these disputes will drastically reduce the level of productivity and overall beneficial impact of the industries in the economic growth of the country. Hence, there’s a need to adopt strategies for resolving these labour disputes. Some industries have applied round table discussions, arbitration, mediation, collective bargaining as well as grievances remedial processes. This work will provide an overview of the causes of disputes in the corporate sector, examine the features of the Nigerian and United States disputes resolution system and also juxtapose the strategies for resolving labour disputes in the two countries. Furthermore, it will provide recommendations to effectively addressing labour issues within the business sector.

On November 19, 1993 the following notice was sent to the office of the general manager of GTE Supply Company in Tampa, Florida:Gentlemen:A petition for certification as collective bargaining representative of certain of your employees has been filed with this office, pursuant to the Labor Management Relations Act, as amended. A copy of the petition is enclosed. Should you desire further information before a Board Agent communicates with you, telephone or write the office to which the case is being assigned, referring to the above case name and number" (United States of America, 1993).This letter was the beginning of the final phase of long-term labor unrest at GTE Supply. The labor conflict began over five years earlier, and culminated in a third union representation election in January 1994.

In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution. Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.

Law No. 11 of 2020 on Job Creation has been reported by ITUC, KSPI, and KSBSI for violating ILO Convention No. 98. The Indonesian government is considered not involving Trade Unions/Labor Unions in terms of collective bargaining when drafting the Job Creation Law and the substance of the Job Creation Law which is considered to limit the role of Trade Unions/Labor Unions. The United States Government, the United States Labor Association, the Belgium Labor Association, Netherlands Labor Association, Republic of Korean Labor Association, and the Brazil Labor Association provide different views from Indonesia on the report. This study uses a qualitative approach supported by a literature study with FGD discussions. Based on the results of the study, reports by Trade Unions to the ILO regarding violations of ILO Convention No. 98 are generally still conjectural and do not depart from cases or violations of the law that have occurred. The government can report data on labor practices in Indonesia to show that there are no efforts to limit the role of Trade Unions/Labor Unions as evidence that the Government of Indonesia has implemented the principles in the ILO Convention. The government of Indonesia has an important role in increasing the provision of training and improving work competencies, increasing labor placement and expanding employment opportunities, as well as continuing to oversee the implementation of this Job Creation Law in companies and continuing to protect workers by providing legal protection and social security. The Government of Indonesia is currently receiving ILO Technical Assistance, and can propose to continue implementing the Job Creation Law regulations and continue to provide regular reports to the ILO. If this provision in practice is detrimental to workers and trade unions, then this provision can be challenged procedurally with the support of valid evidence.

Investing based on Environmental, Social, and Governance (“ESG”) principles has dramatically increased in recent years. Many institutional investors— including public pension funds funded by mandatory contributions from government employees—now incorporate ESG principles into their investment and engagement strategies even though certain aspects of ESG, such as investing to reduce carbon emissions, are politically controversial. Over this same period, courts have reaffirmed that the First Amendment protects individuals from being compelled to associate with or to subsidize the speech of third parties. Indeed, applying this compelled speech doctrine, the Supreme Court recently overruled a forty-year-old precedent that allowed states to force nonunion members to contribute to public unions engaged in collective bargaining on their behalf. This Article provides the first in-depth discussion of how the Court’s compelled speech doctrine might apply both in the wake of the Supreme Court’s landmark decision in Janus v. AFSCME and in light of the dramatic rise of ESG investing. In doing so, it explains how the Supreme Court’s post-Janus compelled speech doctrine will likely render state mandates requiring employees to contribute to public pension funds that invest according to ESG principles unconstitutional. And this Article also identifies two potentially serious consequences of the unconstitutionality of such mandates that current scholarship does not address. First, application of the compelled speech doctrine to public pensions may cause state and local governments significant financial distress, given that state employees might be able to withdraw all contributions (not just future contributions) to the public pension funds even as many of those funds are substantially underfunded. Second, extending the compelled speech doctrine to ESG investing might further hamper efforts to increase retirement savings among those least likely to save for retirement by precluding auto-enrollment of employees in retirement programs that invest according to ESG principles. Finally, this Article sketches some possible approaches to addressing these issues before concluding.

HeinOnline offers a core digital library package that contains nearly 3,000 legal journals published in more than 60 different countries, including thousands of Australian, Canadian, and European legal materials and multiple international government publications. This vendor also has several other databases can be attached to this core collection, and “Labor and Employment: The American Worker” is one of them.It contains thousands of books, published from the early twentieth century to the present; hundreds of scholarly articles, ranging from 1904 to the present (with new articles added each month), on various topics, including labor contracts, collective bargaining, employment protections, and the history of the labor movement; and more than 10,000 subject-coded titles. Also available here are current reports on working conditions, legislative histories, Supreme Court case briefs, and a chart of landmark court cases in labor and employment (including the synopsis and full text of each case and an explanation of its significance in both jurisprudence and history), ranging between 1842 and 2018. When these and all the other categories of materials in this database are combined, it contains 10,984 titles, 14,659 volumes, and 5,244,894 pages.As with all databases that provide images of original documents, the readability of the materials here can vary, but thankfully none appear to be illegible. Navigating, rotating, enlarging, and reducing these documents can usually be done without difficulty. Database content can be browsed and/or searched for in numerous ways, all of which are understandable and which generally produce useful results. However, searches by title or description are often the least productive, while those in the full text are far more so. Pricing for this resource is vague, as it is determined by an institution’s location (i.e., in the United States or not), whether it has a law library, and other factors not specified by the vendor. Consortia discounts are also available. The content available here is impressive and will prove valuable to students and researchers of US labor history, especially those looking for case law, legislation, and other government publications on this topic. The licensing agreement for this database is too long, but is not unusual in its provisions, and should provide little cause for concern.

As of 2018, thirty-one states granted collective bargaining rights to police officers that require local government management to recognize and collectively bargain in good faith with police unions. Although scholars have identified factors related to police fatalities, the influence of police unions has gone understudied. Research in other occupational areas shows that union strength is associated with fewer workplace injuries and fatalities. This research analyzes the influence of union strength and collective bargaining rights on police fatalities. Using state-level data from 1990 to 2018, a rare-event analysis of police fatalities indicates that states with strong public employee unions experience fewer accidental line-of-duty deaths of police officers. Further, this analysis shows that states which grant collective bargaining rights to police officers have fewer felonious line-of-duty deaths of police officers compared with those that do not grant police collective bargaining rights. This article concludes with a discussion of the policy implications and the role of collective bargaining in police safety.

An important aspect of the professional nurse role is that of delegating certain activities to others. In 1935 the United States (U.S.) Congress enacted the National Labor Relations Act (NLRA), and the associated National Labor Relations Board (NLRB), to protect the rights of employees and employers and to encourage collective bargaining in industrial settings. In 1947 the Act was amended to exclude supervisors from the definition of “employees” for the purposes of collective bargaining. In 1974 Congress provided for collective bargaining for various professional personnel, including staff nurses in all work settings. Nursing supervisors, because they were supervisors, were excluded from collective bargaining. Over subsequent years the definition of a nursing supervisor has been debated in courts of law. These debates have implications for nurses who practice in agencies that have collective bargaining units. This article considers the NLRA and NLRB activities related to delegation in nursing by reviewing the history of the NLRA and NLRB; defining key terms; presenting the various interpretations, rulings, and decisions of the NLRB; and providing a summary of recent decisions related to workplace supervisory practices. Delegation-related activities of the U.S. Executive Branch and activities of professional nursing organizations are described. Nursing implications of these laws, rulings, and interpretations are addressed.

We investigate the effects of states’ labor laws, which can enhance or diminish the political power of public and private sector labor unions, on government responsiveness to public opinion. Drawing on newly developed measures of public opinion and policy liberalism in the US states over time, we leverage differences in the timing of law enactments across the states and find that labor laws impact government responsiveness in distinct ways. States that adopt right-to-work laws that lessen private sector union influence enact economic policies that are more conservative than public opinion, whereas states that adopt mandatory collective bargaining laws for public sector employees enact economic policies that are more liberal than opinion. These findings are consistent across a variety of different model specifications, timeframes, and measurement techniques and have substantively important implications for understanding the impact of government policies on the power of organized interests and the dynamics of political representation in American democracy.

What do unions do? The major objective of unions is to improve the terms of conditions of employment for their members. At the same time, unions have a considerable impact on the employment conditions of not only their own members but non-unionised workers as well. One of the most important employment terms unions negotiate is wages. As a result, wage bargaining has been identified as a primary function of unions, and differences in wages between union and non-union members are considered an important measure of union power. In most countries this differential is called the ‘union/non-union’ wage differential. In New Zealand, however, there are employees who are union members but are not covered by collective agreements, contrary to the more common occurrence in other countries (e.g. the United States and Canada), where non-union members are often covered by collective agreements. Therefore, in New Zealand the differential should be more precisely called the ‘collective versus individual’ wage differential. In this article we focus on the raw ‘collective’ wage differential, but due to convention we still call it the ‘union’ wage differential.

Abstract State and local government decisions about how school funding is raised and allocated have profound impacts on American public education, and in recent years, experts have documented large increases in one type of spending in particular: public pensions. Because most data on school district pension expenditures are at the state level, it has so far been difficult to assess what changes local school districts have made in response. In this article, I analyze a new dataset of the annual pension expenditures of approximately 200 unified school districts across the United States from 2005 to 2016. Consistent with findings in the literature, I find that pension expenditures rose in real terms in most of them, but also that there has been significant variation in that growth. Moreover, in a descriptive analysis, I find that larger within-district pension expenditure growth is associated with 1) greater revenue growth in the subsequent year and 2) reductions in school district employment, mainly through reductions in the number of non-teaching staff. Finally, there is evidence that districts' responses to rising pension expenditures may depend on state political institutions, in particular whether the states have mandatory collective bargaining for teachers.

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?

Abstract The present study sought to understand the antecedents to COVID-19 vaccination among those reporting a change in vaccine intention in order to improve COVID-19 vaccine uptake in the United States. We employed semi-structured interviews and one focus group discussion with vaccinated and unvaccinated Veterans Health Administration (VHA) employees and Veterans at three Veterans’ Affairs medical centers between January and June 2021. A subset of these participants (n=21) self-reported a change in COVID-19 vaccine intention and were selected for additional analysis. We combined thematic analysis using the 5C scale (confidence, collective responsibility, complacency, calculation, constraints) as our theoretical framework with a constant comparative method from codes based on the SAGE Working Group on Vaccine Hesitancy. We generated 13 themes distributed across the 5C constructs that appeared to be associated with a change in COVID-19 vaccine intention. Themes included a trusted family member, friend or colleague in a healthcare field, a trusted healthcare professional, distrust of government or politics (confidence); duty to family and protection of others (collective responsibility); perceived health status and normative beliefs (complacency); perceived vaccine safety, perceived risk-benefit, and orientation towards deliberation (calculation); and ease of process (constraints). Key factors in promoting vaccine uptake included a desire to protect family; and conversations with as key factors in promoting vaccine uptake. Constructs from the 5C scale are useful in understanding intrapersonal changes in vaccine intentions over time, which may help public health practitioners improve future vaccine uptake.

Abstract The last 10 years have seen an increase in union representation for residents and fellows across the United States. It is estimated that 15% of residents and fellows are represented by unions. With increasing numbers of U.S. residents and fellows in graduate medical education (GME) programs being represented by unions, the authors contend that it is worthwhile to consider the benefits and potential drawbacks of resident unions and how GME and health system leaders can best work to ensure that the educational needs of residents continue to be emphasized in an era of resident unionization. Union bargaining can be a method to secure salary increases and other benefits for residents. Unionization can also provide a mechanism for more rapidly addressing worker protection issues and allows residents to advocate on behalf of patients. Residents participating as union leaders may develop important leadership and negotiation skills as well as gain beneficial knowledge about health system structure, financing, and priorities. However, with all the possible benefits that may come with resident unionization, there are also potential pitfalls. The collective bargaining process may create an adversarial relationship between program and institution leaders and trainees. Additionally, while residents are considered employees and able to collectively bargain, the National Labor Relations Board has also acknowledged that residents are “students learning their chosen medical craft.” Program and institution leaders have an obligation to prioritize resident education and adhere to accreditation requirements even when these requirements conflict with union demands. Furthermore, because of the obligation to protect the public, program leaders should maintain control of resident academic due process issues. Program and institutional leaders must continue to prioritize resident education. Furthermore, GME leaders have a joint responsibility to create clinical learning environments that are conducive to quality patient care and promote resident learning and well-being.

The Equal Employment Opportunity Commission (EEOC) was established in 1965 to implement Title VII of the Civil Rights Act of 1964, which made it illegal to discriminate against an individual in employment on the basis of race, color, religion, sex or national origin. Coming into the 1960s, the employment opportunity that privileged the white male was much more than a job. By the 1960s, growing numbers of white men had employment that gave them steadily rising real earnings, often with decades of tenure at one organization. The “career-with-one-company” (CWOC) that had become the employment norm by the beginning of the 1960s included health insurance and a defined-benefit pension, both funded by the employee’s business corporation or government agency. CWOC is what, in the decades immediately after World War II, turned much of white America into a growing and thriving middle class. This was a white middle class made up of, at the lower end, blue-collar workers with no more than a high-school education. Union representation in collective bargaining enforced the unions’ first-hired, last fired “seniority” principle while securing wage increases in step with productivity growth, with “cost-of-living allowances” that adjusted wages for inflation usually built into the contracts. Aided by government subsidies such as the federal GI Bill and tuition-free higher education at state “land grant” colleges, the male offspring of the white blue-collar worker had ample opportunity to transition to higher incomes, superior benefits, and even more employment security as a white-collar worker. In the 1950s, the white male who had recently ascended to the upper echelons of the middle class became known as “the organization man.” In the immediate aftermath of the 1964 Civil Rights Act, African Americans with no more than a high-school education gained access to CWOC employment at the blue-collar level. Owing to strong demand for production workers in the 1960s and 1970s and affirmative-action support under the EEOC, Blacks were making inroads into white-male privilege by gaining substantial access to well-paid and secure operative and craft occupations; big steps up from the common-laborer jobs into which they had previously been segregated. In the first Working Paper of this series https://www.ineteconomics.org/research/research-papers/how-the-disappearance-of-unionized-jobs-obliterated-an-emergent-black-middle-class, we outlined how the decline of unionized jobs from the beginning of the 1980s decimated an emergent African American blue-collar middle class. Over the decades it became clear, however, that, while African Americans were hit earlier and harder than whites, they were not the only ones to fall out of the middle class. Increasingly, white blue-collar workers with no more than a high-school education also lost their middle-class status as the ideology that companies should be run to “maximize shareholder value” put a permanent end to the CWOC norm. Over subsequent decades and up to the present, growing numbers of American workers with only a high-school education, regardless of race, have experienced stagnating incomes, downward socioeconomic mobility, and even, at certain times, declining life expectancy. In this, the second working paper of our Fifty Years After book manuscript, we provide a statistical overview of the changes in employment and earnings of Blacks since the mid-1960s. If Title VII of the Civil Rights Act of 1964, along with other anti-discrimination laws from that period, and the formation of the Equal Employment Opportunity Commission promised progress toward racial equality in employment and general well-being, the current situation shows a very troubling picture. Across all dimensions of economic well-being that are dependent on access to decent paying, secure jobs, Blacks fare worse than whites. We present the most recent available data on the occupations (for 2019) and the industries (for 2018) in which the different Black, white, Hispanic, and Asian members of the U.S. labor force are employed. Then, using the decennial censuses, we examine the distributions of Blacks across aggregate categories of occupations from 1960 to 2010 to see the changing pattern of jobs held by Blacks, in broad terms, from the time of the Civil Rights Act to the present. We then look at the differences in Black and white unemployment and wage rates, with and without accounting for differences in education. The racial gap in wages, after accounting for education level, has widened. Stable jobs that enable employees to share in productivity gains and hence increase their real earnings over time facilitate the accumulation of wealth. In its various forms, wealth influences the current and future well-being of families and their children by enabling investments in education and training, providing savings to offset unforeseen circumstances, and funding retirement. Although manifest progress has been made by a portion of better-educated Blacks, the overall picture for wealth accumulation by Blacks in comparison with whites is grim. A race-based wealth gap should be no surprise, as access of African Americans to stable, well-paid jobs has always been much less than for whites. Yet, the size of wealth disparities is extremely large and has worsened over the last fifty years. Currently the median family wealth for whites is ten times that of Blacks. We examine the wealth gap within separate categories, including housing equity, housing stability measured by delinquency on mortgages and foreclosure, retirement savings and liquid savings, corporate shareholding, and student-loan debt. We also look at health insurance coverage because it functions, in part, like savings that can be called upon to deal with unanticipated events. And lack of health insurance can wipe out one’s accumulated wealth should one require hospitalization and/or expensive drugs. In every one of these components of wealth, Blacks trail whites by large and increasing amounts. Each of these indicators reflects the persistent and even growing Black-white disparities in earnings, employment security, and career patterns over time. Which leaves us with the question that the “Fifty Years After” project seeks to answer: What happened to equal employment opportunity? For a quest for economic equality to become a reality, the pay and stability of employment for Blacks must be improved far more than for whites. But in view of the downward mobility of white workers, even a substantial closing of the Black-white income gap will not solve the problems of poverty and injustice in the United States. Contrary to the situation in the 1960s, in the presence of the impoverished and vulnerable American working class of the 2020s, “equal employment opportunity” will not yield the upward socioeconomic mobility for Blacks that was possible in the 1960s and 1970s. The Covid-19 crisis is having an especially devastating impact on people of color, but workers of every race and ethnicity are feeling immense pain. Even when the public-health crisis has abated, the gargantuan political task for the years and decades ahead will be the restoration of employment opportunity that will enable all Americans to live healthy, secure, and happy lives.

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.

Photo by Ishan @seefromthesky on Unsplash ABSTRACT A strike to highlight the plight facing contract doctors which has been proposed has received mixed reactions from those within the profession and the public. This unprecedented nationwide proposal has the potential to cause real-world effects, posing an ethical dilemma. Although strikes are common, especially in high-income countries, these industrial actions by doctors in Malaysia are almost unheard of. Reviewing available evidence from various perspectives is therefore imperative to update the profession and the complexity of invoking this important human right. INTRODUCTION Contract doctors in Malaysia held a strike on July 26, 2021. COVID-19 cases are increasing in Malaysia. In June, daily cases ranged between 4,000 to 8,000 despite various public health measures. The R naught, which indicates the infectiousness of COVID-19, remains unchanged. During the pandemic, health care workers (HCWs) have been widely celebrated, resulting in a renewed appreciation of the risks that they face.[1] The pandemic has exposed flawed governance in the public healthcare system, particularly surrounding the employment of contract doctors. Contract doctors in Malaysia are doctors who have completed their medical training, as well as two years of internship, and have subsequently been appointed as medical officers for another two years. Contract doctors are not permanently appointed, and the system did not allow extensions after the two years nor does it offer any opportunity to specialize.[2] Last week, Parliament did decide to offer a two-year extension but that did not hold off the impending strike.[3] In 2016, the Ministry of Health introduced a contract system to place medical graduates in internship positions at government healthcare facilities across the country rather than placing them in permanent posts in the Public Service Department. Social media chronicles the issues that doctors in Malaysia faced. However, tensions culminated when and contract doctors called for a strike which ended up taking place in late July 2021. BACKGROUND Over the past decade, HCW strikes have arisen mostly over wages, work hours, and administrative and financial factors.[4] In 2012, the British Medical Association organized a single “day of action” by boycotting non-urgent care as a response to government pension reforms.[5] In Ireland, doctors went on strike for a day in 2013 to protest the austerity measures implemented by the EU in response to the global economic crisis. It involved a dispute over long working hours (100 hours per week) which violated EU employment laws and more importantly put patients’ lives at risk.[6] The strike resulted in the cancellation of 15,000 hospital appointments, but emergencies services were continued. Other major strikes have been organized in the UK to negotiate better pay for HCWs in general and junior doctors’ contracts specifically.[7] During the COVID-19 pandemic, various strikes have also been organized in Hong Kong, the US, and Bolivia due to various pitfalls in managing the pandemic.[8] A recent strike in August 2020 by South Korean junior doctors and medical students was organized to protest a proposed medical reform plan which did not address wage stagnation and unfair labor practices.[9] These demands are somewhat similar to the proposed strike by contract doctors in Malaysia. As each national health system operates within a different setting, these strikes should be examined in detail to understand the degree of self-interest involved versus concerns for patient’s welfare. l. The Malaysia Strike An anonymous group planned the current strike in Malaysia. The group used social media, garnering the attention of various key stakeholders including doctors, patients, government, and medical councils.[10] The organizers of the strike referred to their planned actions as a hartal. (Although historically a hartal involved a total shutdown of workplaces, offices, shops, and other establishments as a form of civil disobedience, the Malaysian contract doctors pledged no disturbance to healthcare working hours or services and intend a walk-out that is symbolic and reflective of a strike.)[11] The call to action mainly involved showing support for the contract doctors with pictures and placards. The doctors also planned the walk-out.[12] Despite earlier employment, contract medical doctors face many inequalities as opposed to their permanent colleagues. These include differences in basic salary, provisions of leave, and government loans despite doing the same job. The system disadvantages contract doctors offering little to no job security and limited career progression. Furthermore, reports in 2020 showed that close to 4,000 doctors’ contracts were expected to expire by May 2022, leaving their futures uncertain.[13] Some will likely be offered an additional two years as the government faces pressure from the workers. Between December 2016 and May 2021, a total of 23,077 contract doctors were reportedly appointed as medical officers, with only 789 receiving permanent positions.[14] It has been suggested that they are appointed into permanent positions based on merit but the criteria for the appointments remain unclear. Those who fail to acquire a permanent position inevitably seek employment elsewhere. During the COVID-19 pandemic, there have been numerous calls for the government to absorb contract doctors into the public service as permanent staff with normal benefits. This is important considering a Malaysian study that revealed that during the pandemic over 50 percent of medical personnel feel burned out while on duty.[15] This effort might be side-lined as the government prioritizes curbing the pandemic. As these issues remain neglected, the call for a strike should be viewed as a cry for help to reignite the discussions about these issues. ll. Right to strike The right to strike is recognized as a fundamental human right by the UN and the EU.[16] Most European countries also protect the right to strike in their national constitutions.[17] In the US, the Taft-Hartley Act in 1947 prohibited healthcare workers of non-profit hospitals to form unions and engage in collective bargaining. But this exclusion was repealed in 1947 and replaced with the requirement of a 10-day advanced written notice prior to any strike action.[18] Similarly, Malaysia also recognizes the right to dispute over labor matters, either on an individual or collective basis. The Industrial Relations Act (IRA) of 1967[19] describes a strike as: “the cessation of work by a body of workers acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workers to continue to work or to accept employment, and includes any act or omission by a body of workers acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with their employment” According to the same act, only members of a registered trade union may legally participate in a strike with prior registration from the Director-General of Trade Unions.[20] Under Section 43 of the IRA, any strike by essential services (including healthcare) requires prior notice of 42 days to their employer.[21] Upon receiving the notice, the employer is responsible for reporting the particulars to the Director-General of Industrial Relations to allow a “cooling-off” period and appropriate action. Employees are also protected from termination if permitted by the Director-General and strike is legalized. The Malaysian contract healthcare workers’ strike was announced and transparent. Unfortunately, even after legalization, there is fear that the government may charge those participating in the legalized strike.[22] The police have announced they will pursue participants in the strike.[23] Even the Ministry of Health has issued a warning stating that those participating in the strike may face disciplinary actions from the ministry. However, applying these laws while ignoring the underlying issues may not bode well for the COVID-19 healthcare crisis. lll. Effects of a Strike on Health Care There is often an assumption that doctors’ strikes would unavoidably cause significant harm to patients. However, a systematic review examining several strikes involving physicians reported that patient mortality remained the same or fell during the industrial action.[24] A study after the 2012 British Medical Association strike has even shown that there were fewer in-hospital deaths on the day, both among elective and emergency populations, although neither difference was significant.[25] Similarly, a recent study in Kenya showed declines in facility-based mortality during strike months.[26] Other studies have shown no obvious changes in overall mortality during strikes by HCWs.[27] There is only one report of increased mortality associated with a strike in South Africa[28] in which all the doctors in the Limpopo province stopped providing any treatment to their patients for 20 consecutive days. During this time, only one hospital continued providing services to a population of 5.5 million people. Even though their data is incomplete, authors from this study found that the number of emergency room visits decreased during the strike, but the risks of mortality in the hospital for these patients increased by 67 percent.[29] However, the study compared the strike period to a randomly selected 20-day period in May rather than comparing an average of data taken from similar dates over previous years. This could greatly influence variations between expected annual hospital mortality possibly due to extremes in weather that may exacerbate pre-existing conditions such as heart failure during warmer months or selecting months with a higher incidence of viral illness such as influenza. Importantly, all strikes ensured that emergency services were continued, at least to the degree that is generally offered on weekends. Furthermore, many doctors still provide usual services to patients despite a proclaimed strike. For example, during the 2012 BMA strike, less than one-tenth of doctors were estimated to be participating in the strike.[30] Emergency care may even improve during strikes, especially those involving junior doctors who are replaced by more senior doctors.[31] The cancellation of elective surgeries may also increase the number of doctors available to treat emergency patients. Furthermore, the cancellation of elective surgery is likely to be responsible for transient decreases in mortality. Doctors also may get more rest during strike periods. Although doctor strikes do not seem to increase patient mortality, they can disrupt delivery of healthcare.[32] Disruptions in delivery of service from prolonged strikes can result in decline of in-patient admissions and outpatient service utilization, as suggested during strikes in the UK in 2016.[33] When emergency services were affected during the last strike in April, regular service was also significantly affected. Additionally, people might need to seek alternative sources of care from the private sector and face increased costs of care. HCWs themselves may feel guilty and demotivated because of the strikes. The public health system may also lose trust as a result of service disruption caused by high recurrence of strikes. During the COVID-19 pandemic, as the healthcare system remains stretched, the potential adverse effects resulting from doctor strikes remain uncertain and potentially disruptive. In the UK, it is an offence to “willfully and maliciously…endanger human life or cause serious bodily injury.”[34] Likewise, the General Medical Council (GMC) also requires doctors to ensure that patients are not harmed or put at risk by industrial action. In the US, the American Medical Association code of ethics prohibits strikes by physicians as a bargaining tactic, while allowing some other forms of collective bargaining.[35] However, the American College of Physicians prohibits all forms of work stoppages, even when undertaken for necessary changes to the healthcare system. Similarly, the Delhi Medical Council in India issued a statement that “under no circumstances doctors should resort to strike as the same puts patient care in serious jeopardy.”[36] On the other hand, the positions taken by the Malaysian Medical Council (MMC) and Malaysian Medical Association (MMA) on doctors’ strikes are less clear when compared to their Western counterparts. The MMC, in their recently updated Code of Professional Conduct 2019, states that “the public reputation of the medical profession requires that every member should observe proper standards of personal behavior, not only in his professional activities but at all times.” Strikes may lead to imprisonment and disciplinary actions by MMC for those involved. Similarly, the MMA Code of Medical Ethics published in 2002 states that doctors must “make sure that your personal beliefs do not prejudice your patients' care.”[37] The MMA which is traditionally meant to represent the voices of doctors in Malaysia, may hold a more moderate position on strikes. Although HCW strikes are not explicitly mentioned in either professional body’s code of conduct and ethics, the consensus is that doctors should not do anything that will harm patients and they must maintain the proper standard of behaviors. These statements seem too general and do not represent the complexity of why and how a strike could take place. Therefore, it has been suggested that doctors and medical organizations should develop a new consensus on issues pertaining to medical professional’s social contract with society while considering the need to uphold the integrity of the profession. Experts in law, ethics, and medicine have long debated whether and when HCW strikes can be justified. If a strike is not expected to result in patient harm it is perhaps acceptable.[38] Although these debates have centered on the potential risks that strikes carry for patients, these actions also pose risks for HCWs as they may damage morale and reputation.[39] Most fundamentally, strikes raise questions about what healthcare workers owe society and what society owes them. For strikes to be morally permissible and ethical, it is suggested that they must fulfil these three criteria:[40] a. Strikes should be proportionate, e., they ‘should not inflict disproportionate harm on patients’, and hospitals should as a minimum ‘continue to provide at least such critical services as emergency care.’ b. Strikes should have a reasonable hope of success, at least not totally futile however tough the political rhetoric is. c. Strikes should be treated as a last resort: ‘all less disruptive alternatives to a strike action must have been tried and failed’, including where appropriate ‘advocacy, dissent and even disobedience’. The current strike does not fulfil the criteria mentioned. As Malaysia is still burdened with a high number of COVID-19 cases, a considerable absence of doctors from work will disrupt health services across the country. Second, since the strike organizer is not unionized, it would be difficult to negotiate better terms of contract and career paths. Third, there are ongoing talks with MMA representing the fraternity and the current government, but the time is running out for the government to establish a proper long-term solution for these contract doctors. One may argue that since the doctors’ contracts will end in a few months with no proper pathways for specialization, now is the time to strike. However, the HCW right to strike should be invoked only legally and appropriately after all other options have failed. CONCLUSION The strike in Malaysia has begun since the drafting of this paper. Doctors involved assure that there will not be any risk to patients, arguing that the strike is “symbolic”.[41] Although an organized strike remains a legal form of industrial action, a strike by HCWs in Malaysia poses various unprecedented challenges and ethical dilemmas, especially during the pandemic. The anonymous and uncoordinated strike without support from the appropriate labor unions may only spark futile discussions without affirmative actions. It should not have taken a pandemic or a strike to force the government to confront the issues at hand. It is imperative that active measures be taken to urgently address the underlying issues relating to contract physicians. As COVID-19 continues to affect thousands of people, a prompt reassessment is warranted regarding the treatment of HCWs, and the value placed on health care. [1] Ministry of Health (MOH) Malaysia, “Current situation of COVID-19 in Malaysia.” http://covid-19.moh.gov.my/terkini (accessed Jul. 01, 2021). [2] “Future of 4,000 young doctors who are contract medical officers uncertain,” New Straits Times - November 26, 2020. https://www.nst.com.my/news/nation/2020/11/644563/future-4000-young-doctors-who-are-contract-medical-officers-uncertain [3] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [4] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327; G. Russo et al., “Health workers’ strikes in low-income countries: the available evidence,” Bull. World Health Organ., vol. 97, no. 7, pp. 460-467H, Jul. 2019, doi: 10.2471/BLT.18.225755. [5] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [6] E. Quinn, “Irish Doctors Strike to Protest Work Hours Amid Austerity,” The Wall Street Journal, 2013. https://www.wsj.com/articles/no-headline-available-1381217911?tesla=y (accessed Jun. 29, 2021). [7] “NHS workers back strike action in pay row by 2-to-1 margin,” The Guardian, 2014. https://www.theguardian.com/society/2014/sep/18/nhs-workers-strike-pay-unison-england (accessed Jun. 29, 2021); M. Limb, “Thousands of junior doctors march against new contract,” BMJ, p. h5572, Oct. 2015, doi: 10.1136/bmj.h5572. [8] J. Parry, “China coronavirus: Hong Kong health staff strike to demand border closure as city records first death,” BMJ, vol. 368, no. February, p. m454, Feb. 2020, doi: 10.1136/bmj.m454; “MultiCare healthcare workers strike, urging need for more PPEs, staff support,” Q13 FOX, 2020. https://www.q13fox.com/news/health-care-workers-strike-urging-need-for-ppes-risks-on-patient-safety (accessed Jun. 29, 2021); “Bolivia healthcare workers launch strike in COVID-hit region,” Al Jazeera, 2021. https://www.aljazeera.com/news/2021/2/9/bolivia-healthcare-workers-strike-covid-hit-region (accessed Jun. 29, 2021). [9] K. Arin, “Why are Korean doctors striking?” The Korea Herald, 2020. http://www.koreaherald.com/view.php?ud=20200811000941 (accessed Jun. 29, 2021). [10] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [11] “Hartal,” Oxford Advanced Learner’s Dictionary. https://www.oxfordlearnersdictionaries.com/definition/english/hartal (accessed Jun. 29, 2021). [12] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [13] R. Anand, “Underpaid and overworked, Malaysia’s contract doctors’ revolt amid Covid-19 surge,” The Straits Times, 2021. [14] Anand. [15] N. S. Roslan, M. S. B. Yusoff, A. R. Asrenee, and K. Morgan, “Burnout prevalence and its associated factors among Malaysian healthcare workers during covid-19 pandemic: An embedded mixed-method study,” Healthc., vol. 9, no. 1, 2021, doi: 10.3390/healthcare9010090. [16] Maina Kiai, “Report by the Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association,” 2016. [Online]. Available: http://freeassembly.net/wp-content/uploads/2016/10/A.71.385_E.pdf. [17] ETUI contributors, Strike rules in the EU27 and beyond. The European Trade Union Institute. ETUI, 2007. [18] National Labor Relations Board, National Labor Relations Act. 1935, pp. 151–169. [19] Ministry of Human Resources, Industrial Relations Act 1967 (Act 177), no. October. 2015, pp. 1–76. [20] Article 10 of the Federal Constitution states that all citizens have the right to form associations including registered trade or labor unions. A secret ballot with two-third majority will suffice to call for a strike required for submission to the DGTU within 7 days as stated in Section 25(A) of the Trade Union Act 1959. [21] Ministry of Human Resources Malaysia, Guidelines on Strikes, Pickets and Lockouts in Malaysia. Putrajaya, 2011. [22] Ordinance Emergency which was declared in Malaysia since 12 January 2021. Under the Ordinance Emergency, the king or authorized personnel may, as deemed necessary, demand any resources. [23] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [24] S. A. Cunningham, K. Mitchell, K. M. Venkat Narayan, and S. Yusuf, “Doctors’ strikes and mortality: A review,” Soc. Sci. Med., vol. 67, no. 11, pp. 1784–1788, Dec. 2008, doi: 10.1016/j.socscimed.2008.09.044. [25] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [26] G. K. Kaguthi, V. Nduba, and M. B. Adam, “The impact of the nurses’, doctors’ and clinical officer strikes on mortality in four health facilities in Kenya,” BMC Health Serv. Res., vol. 20, no. 1, p. 469, Dec. 2020, doi: 10.1186/s12913-020-05337-9. [27] G. Ong’ayo et al., “Effect of strikes by health workers on mortality between 2010 and 2016 in Kilifi, Kenya: a population-based cohort analysis,” Lancet Glob. Heal., vol. 7, no. 7, pp. e961–e967, Jul. 2019, doi: 10.1016/S2214-109X (19)30188-3. [28] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [29] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [30] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [31] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [32] D. Waithaka et al., “Prolonged health worker strikes in Kenya- perspectives and experiences of frontline health managers and local communities in Kilifi County,” Int. J. Equity Health, vol. 19, no. 1, pp. 1–15, 2020, doi: 10.1186/s12939-020-1131-y. [33] The study has shown that there were 9.1% reduction in admissions and around 6% fewer emergency cases and outpatient appointments than expected. An additional 52% increase in expected outpatient appointments cancelations were made by hospitals during that period. D. Furnivall, A. Bottle, and P. Aylin, “Retrospective analysis of the national impact of industrial action by English junior doctors in 2016,” BMJ Open, vol. 8, no. 1, p. e019319, Jan. 2018, doi: 10.1136/bmjopen-2017-019319. [34] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [35] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [36] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010. [37] Malaysian Medical Association, “Malaysian Medical Association Official Website.” https://mma.org.my (accessed Jun. 29, 2021). [38] M. Toynbee, A. A. J. Al-Diwani, J. Clacey, and M. R. Broome, “Should junior doctors strike?” J. Med. Ethics, vol. 42, no. 3, pp. 167–170, Mar. 2016, doi: 10.1136/medethics-2015-103310. [39] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [40] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010; A. J. Roberts, “A framework for assessing the ethics of doctors’ strikes,” J. Med. Ethics, vol. 42, no. 11, pp. 698–700, Nov. 2016, doi: 10.1136/medethics-2016-103395. [41] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow

Our capacity to tell stories is a skill that can be considered both natural and learned. Storytelling and oral history are parts of all human societies, and we seek to understand ourselves and each other through our stories. Our individual and collective memories collide in our stories, and reconcile to construct what Kansteiner calls our "collectively shared representations of the past" (182). It is our personal narratives that are the building blocks to public understanding, and as Harter, Japp and Beck maintain in Narratives, Health and Healing, "narrative is a fundamental human way of giving meaning to experience" (3). Adding to this idea of narrative as way of illuminating meaning, Goodall posits narrative as also being a way of knowing and as a research methodology, stating "narrative provides us with a range of forms and styles for discovering meaning and communicating it to readers through stories. It is an epistemology" (13). This re-imaging and re-purposing of narrative and storytelling has the capacity to significantly influence and shift the ways in which cultural and social research is carried out. This emerging approach can also influence the ways we understand the experiences of marginalised groups, and consequently how we respond to issues around social inclusion through policy and community based solutions. For researchers personal stories and narratives have the capacity to illuminate the nuances of broad issues; this potential also means that seemingly intractable social problems are given a human face with which to engage. It is in this way that personal narratives energise public narratives and shape our ways of thinking and collective understandings (Harter et al. 4). This paper investigates a digital storytelling project conducted in late 2009 with a group of Forgotten Australians in the months leading up to the public apology in the Australian Parliament, and how the personal stories of the participants brought to life previous research about the marginalisation of individuals who had experienced out-of-home care as children. This paper also explores how the endemic, institutionalised abuse of a group of people was translated to the broader community and galvanised support through the impact of their personal stories. Digital Storytelling As a dynamic practice storytelling, in all its forms, must be nurtured and developed if it is to contribute to the lives of individuals and communities. The number of storytelling, and in particular digital storytelling, initiatives and projects in Australia has increased rapidly since the early 2000s, and are utilised by various public and community organisations for a variety of reasons. Digital technology has had a profound impact on the ability for "ordinary" people to tell their stories, and research has identified the potential of digital storytelling in these contexts to assist in the representation of multiple voices and viewpoints in society through inclusive processes of co-creation (cf. see Burgess; Hartley, Uses and "TV"; Klaebe and Burgess). The storytelling project that forms the basis for this paper used some traditional written storytelling practices but was mainly concerned with digital storytelling. Digital stories are generally a two to four minute multi-media story that uses photographs, film and drawings to convey a personal story which the author narrates in their own voice over the series of images. Much has been, and continues to be written, about digital storytelling as a site of participatory culture and as a means of improving digital literacy in pockets of the community traditionally absent in the realm of digital citizenship (cf. Hartley, Uses; Hartley and McWilliam; Burgess; Meadows; Lundby). As Hartley points out digital storytelling has become such a compelling medium in which to record stories in communities because it "fills a gap between everyday cultural practice and professional media" (Uses 122). As a means of creating narratives digital storytelling has proven to be a significant mode, due in part to its ability to reach a large number of people relatively easily. The rise of digital storytelling partially mirrors the broad shift towards more participatory online culture that privileges user generated content and ordinary voices over official content. The origins of digital storytelling lie in a response to the absence of "ordinary" voices in mainstream media and policy making and grew with the increasing affordability of digital technology. The potential for social inclusion and participation along with the promise of self-representation is implicit in the discourse surrounding digital storytelling. "The ability to express oneself in digital media and in the case of digital storytelling using digital video editing, has become a central literary for full participation in society" (Lambert 85). Social Inclusion in an Australian context is defined by the Australian Government as all Australians feeling valued and having "the opportunity to participate fully in the life of our society. Achieving this vision means that all Australians will have the resources, opportunities and capability to" learn, work, engage in the community and have a voice (Social Inclusion Unit). The aims articulated by Lambert in the previous paragraph and the philosophy of social inclusion and the belief that individual stories have the capacity to impact on national agendas and policy lay at the heart of the digital storytelling project outlined later in this paper. The Forgotten Australians As cohort the Forgotten Australians are defined as individuals who were removed from their families, or were orphaned or child immigrants from the United Kingdom. These children were placed in institutions where they suffered abuse or neglect between 1930 and 1970, and it is estimated that up approximately 500,000 children were placed in out of home care during this time. In November 2009 the Australian Parliament delivered a bi-partisan apology to the Forgotten Australians for the pain and suffering they experienced in church and state run institutions. The stories of the Forgotten Australians were beginning to make their way into the consciousness of the Australian public in the lead up to the apology through documentaries on the national broadcasting service and stories in the mainstream media. Like most large groups the demographic of the Forgotten Australians is diverse, within those who identify as part of this group are successful and well-known Australians, along with ordinary Australians many of whom have struggled significantly as a direct result of their childhood experiences. Those involved in this project were considered to be individuals who were quite profoundly marginalised in mainstream society. A number lived with mental illness, the majority lacked stable housing and all had been severely emotionally, physically and sexually abused during their time in State or Church run institutions as children. The apology to the Forgotten Australians was preceded many years of advocacy and activism by community groups and individuals. They utilised personal stories, the digitisation of records and as the apology drew closer a number of digital storytelling projects to bring the personal narratives into the public arena in the hope of affecting change. Stories from these projects were broadcast across a variety of platforms such as YouTube, the websites for the major advocacy groups and community organisations and more recently the National Library Australia website. The stories differed from site to site and served different functions depending on the place from which they were disseminated. Hildebrand identifies the role of YouTube as a site for the intersection of personal experience, popular culture and historical narratives, and, as such, a vehicle for cultural memory "allow[ing] users to seek out the media texts that have shaped them and that would otherwise be forgotten in 'objective' histories" (54). YouTube videos relevant to the Forgotten Australians ranged from locally made stories and documentation, news items and presentations recorded by major organisations, but uploaded by individuals, and also those posted by these institutions themselves. A notable feature of all of these contributions is their role in the representation of witnesses' stories. In the case of reports on Forgotten Australians from major news organisations the commentary they attracted was largely from those who identified as fellow forgotten Australians attesting to—and corroborating—the interviewees' stories. Whether they were posted by survivors themselves or by mainstream media or other institutions, they exhibited a unity around a particular will to memory: setting the record straight through testimony. Here, the clips and posts were characterised by the provision of information as evidence for the assertion of cultural trauma as a shared experience and focus of identification (Adkins et al. 15). Storytelling functions as one of our most powerful forms for experiencing, expressing, and enacting sorrow and pain...it is pivotal in the process of sense making, allowing individuals to cope with chaotic, equivocal, and confusing conditions of everyday life, including illness and suffering. (152) Advocacy and community groups such as CLAN were focused on creating a sense of community amongst survivors with no story or artefact too small or insignificant to be included, which differed slightly from the agenda of the National Library of Australia—the institution of public memory that has been most closely involved in recording and disseminating the stories of the Forgotten Australians. The Forgotten Australians and Former Child Migrants Oral History Project conducted by the National Library Australia was one of the recommendations of the two Senate Community Affairs References Committee reports following the Senate Inquiries and receives funding from the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs. According to the National Library Australia website, this oral history project will run for three years and aims to document a rounded history of the experiences of the children in institutional care and the lifelong impact of these experiences on their lives and their families. This project will also interview a selection of advocates, and allied professionals including welfare officers, employees of institutions and administrators. (Project Team) In many important ways the purposes served in this project were those of the governments—previous and present, which was to capture and keep the stories, memories, documents and artefacts, and to share the officially selected stories with the rest of the nation, and those stories would support and affirm the government's roadmap for moving on from the apology. These digital storytelling projects, to varying degrees and levels of impact, served to provide the public with the personal narratives behind the issue being presented in the media and by advocacy groups as a large scale issue concerning hundreds of thousands of victims. Although the sheer size of the numbers of children affected was confronting, it was the personal stories that created a momentum towards the public apology. The findings of both Senate Inquiries recommended a formal apology; however this did not occur until the individual experiences of the Forgotten Australians were translated and represented in narratives and, through this, the construction of a sense of cultural memory resulting in formal recognition. Many Australians were sceptical about the importance of a public apology to the Forgotten Australians, as they had been of the apology to the Stolen Generation in 2008. To be a genuine act of reconciliation an apology requires the act of listening as much as speaking, fittingly Prime Minister Rudd quoted predominantly from personal oral history testimonies that had been collected over the years and that were of public record, but had not been digitally accessible to all, as many stories now are in the Bringing Them Home report. The Case Study In August 2009 I was funded by the Australasian Centre for Interactive Design (ACID) to conduct a series of digital storytelling and writing workshops in conjunction with Micah Projects, a community building and social justice organisation based in Brisbane. Micah delivers services for people experiencing homelessness, runs programmes for young mothers and is responsible for the Historical Abuse Network which is a network servicing the Forgotten Australians. After some discussion with the CEO of Micah it was decided that the clients involved with the Historical Abuse Network would benefit most from this project. Many of the participants had been involved in the 2003 senate inquiry into the treatment of children in institutional care. In the intervening years they had told the story of their abuse many times in official contexts and provided statements of harm for the inquiry. However, for this project we wanted to encourage the participants to create stories that allowed them some agency in their own lives rather, to re-claim some of their story from the official framework of abuse, and to use digital storytelling as a tool for this. The participants were between 45 and 65 in age, and were divided equally between women and men. There were a number of complexities inherent in this project, some of which were specific to this particular cohort and some specific to all marginalised individuals and groups. The most significant problem arose out the expectation that the "authors" will bring with them photographs and keepsakes from their lives to use in the stories. Many of the participants did not have photographs of their childhoods or of their families; some did not know how old they were (in many institutions all birthdays were celebrated on a single day, and consequently most lost track of their age and birth date) or had not had contact with their biological family for decades and as a result had few keepsakes. These hallmarks of legitimate biography were absent from their pasts and their presents. The combination of these factors meant that for many the ability to create a coherent narrative about their life or to feel ownership over their life had been seriously compromised. However, it became apparent that by using sounds and images in the digital story the technology was able to create a materiality out of memory for the participants. As it became clearer that the foundation of the stories was memory rather than a narrative arc, the more it became imperative to embrace the fragmentation, inconsistency and incoherence of the memories, and to incorporate these aspects into the digital stories. Instead of being easy to follow or emotionally satisfying narratives, some of the stories had much more in common with what is referred to in psychology and health frameworks as "chaos narratives". A chaos narrative has a sense of disconnected events characterised by a lack of closure and the presence of day-to-day uncertainty (Harter 4). Often such stories seem too incoherent to be told and too painful to be heard by others, as was certainly the case with some of the stories created for this project. Conclusion The Finding a Voice digital storytelling project led by Professor Jo Tacchi aligns with the aims of this project in its social innovation, and the role of storytelling and voice as having the genuine potential to impact on the understanding of poverty and disadvantage. Tacchi states that it "is an approach that allows those who are living in conditions that might constitute 'poverty' to tell those who are not what this experience is like, in their own words. Such an approach might challenge our 'expert' conceptions of poverty itself" (170), and confront mainstream or approved versions of social issues. Carabas posits that the agency embedded in the narrative act reforms or reframes the meanings of events through counter narratives and the act of telling transformed personal and social suffering. Those who had been objects of other's reports started to tell their own stories and rewrite official history in the first person singular (154). For the Forgotten Australians, those involved in this project and in similar ones the opportunity to tell their stories in their own words allowed them to push past the detached, impersonal representation of their experiences. Instead they could re-position the debate to being about individuals and the effect of government policy on their lives, and in doing so agitate for a formal apology. Storytelling and narrative as a research methodology, and as a way of knowing, is continuing to be refined by social and cultural researchers and by community organisations. Despite the emerging and nebulous nature of this field one thing is clear: our human desire to tell stories has the ability to be harnessed to build narratives which create understanding and insight and consequently demand that as communities and nations we respond to injustice and disadvantage accordingly. References Adkins, Barbara, Donna Hancox, and Helen Klaebe. "The Role of the Internet and Digital Technologies in the Struggle for Recognition of the Forgotten Australians." Proceedings of the A Decade in Internet Time: OII Symposium on the Dynamics of the Internet and Society, 21-24 September 2011. Oxford U of Oxford, 2011: 1-23. Burgess, Jean. "Hearing Ordinary Voices: Cultural Studies, Vernacular Creativity and Digital Storytelling." Continuum 20.2 (2006): 201-14. Carabas, Teodora, and Lynn Harter. "State-Induced Illness and Forbidden Stories: The Role of Storytelling in Healing, Individual and Social Traumas in Romania." Narratives, Health and Healing. Eds. Lynn Harter, Linda Japp, and Christina Beck. New York: Taylor and Francis, 2005. 149-69. Harter, Lynn, Linda Japp, and Christina Beck, eds. Narratives, Health & Healing. New York: Taylor & Francis. 2005. Hartley, John. "TV Stories: From Representation to Productivity." Story Circle: Digital Storytelling around the World. Eds. John Hartley and Kelly McWilliam. Oxford: Blackwell, 2009. 16-37.———. Uses of Digital Literacy. St. Lucia: U of Queensland P. 2009. Hildebrand, Lucas. "YouTube: Where Cultural Memory and Copyright Converge." Film Quarterly 61.1 (2007): 48-57. Kansteiner, Wolf. "Finding Meaning in Memory: A Methodological Critique of Collective Memory Studies." History & Theory 41 (2002): 179-97. Klaebe, Helen, and Jean Burgess. "Mediatisation and Institutions of Public Memory: Digital Storytelling and the Apology." Australian Historical Studies 41 (2002): 149-65. Lambert, Joe. "Where It All Started: The Centre of Digital Storytelling in California." Story Circle: Digital Storytelling around the World. Eds. John Hartley and Kelly McWilliam. Oxford: Blackwell, 2010. 79-90. Lundby, Kunt. Digital Storytelling, Mediatized Stories: Self-Representations in New Media. New York: Peter Lang, 2008. Meadows, Daniel. "Digital Storytelling - Research Based Practice in New Media." Visual Communication 2.2 (2003): 189-93. McWilliam, Kelly. "The Global Diffusion of a Community Media Practice: Digital Storytelling Online." Eds. John Hartley and Kelly McWilliam. Oxford: Blackwell, 2010. 37-77. Project Team. "Forgotten Australians and Former Child Migrants Oral History Project." National Library of Australia. 16 Sep. 2011 ‹http://www.nla.gov.au/oral-history/forgotten-australians-and-former-child-migrants-oral-history-project›. Social Inclusion Unit. "The Social Inclusion Agenda." Social Inclusion. Australian Government, 2011. 19 Sep. 2011 ‹http://www.socialinclusion.gov.au/›. Tacchi, Jo. "Finding a Voice: Participatory Development in Southeast Asia." Story Circle: Digital Storytelling around the World. Eds. John Hartley and Kelly McWilliam. Oxford: Blackwell, 2009. 167-75.