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Prof. James Gross: Is H.R.M. a Violation of Human Rights?

by David Doorey December 15, 2008
written by David Doorey December 15, 2008

Professor James Gross of Cornell was the distinguished Fulbright-McGill University Visiting Research Chair last year.
Here is the link to a taped lecture he gave in which he argues that human resource management is a violation of freedom of association and human rights.   He argues that HRM “can be insidious” because it involves the employer using manipulation to convince employees that their interests are always aligned with those of the employers when they are not.  Moreover, insofar as HRM ultimately intends to make employees dependent upon the ‘goodwill’ and ‘kindness’ of the employer, it may violate the employees’ human rights.  That is because freedom of association requires ensuring that employees have some control over and input into important decisions that affect their lives, including the rules of the workplaces.
Gross argues that only collective bargaining gives employees a real say in their terms and conditions of employment.  That is a strong reason why the right to unionize and engage in collective bargaining is considered a fundamental human right in international law and in Canada.  Yet, in North America, the business culture generally perceives unionization to be a symptom of poor management.  Gross tells a story about how the VP of HRM for Estee Lauder announced to a conference audience that the company would fire any manager whose operation is unionized, because unionization is a symptom of bad management.   I’ve seen that happen myself.
What do you think of Gross’s argument?

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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