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50 Osgoode Hall L. J. 813 (2012-2013)
Solving the Problem from Hell: Tripartism as a Strategy for Addressing Labour Standards Non-Compliance in the United States

handle is hein.journals/ohlj50 and id is 865 raw text is: 813 Solving the Problem from Hell: Tripartism as a Strategy for Addressing Labour Standards Non-Compliance in the United States JANICE FINE* The crises of wage theft and industrial accidents in tow-wage America reflect erosion of the social contract but they also reflect a crisis in labour standards enforcement. This article draws upon archival material, case studies, and interviews to make the case for tripartism- an enforcement regime that partners workers' organizations with government inspectors to patrol workers' industries and labour markets for unfair competition. It extends to the federal level previous work in which Jennifer Gordon and I have documented dynamic contemporary examples of tripartism at the state and Local levels. The article explores historical precedents for tripartist collaboration on the federal level at the Department of Labor (DOL) in the Wage and Hour Division and the Occupational Safety and Health Administration. It then considers several tripartist initiatives at the DOL under the Obama administration, the legal obstacles that purportedly stand in the way of more robust approaches, and some potential solutions. The article concludes with an explanation of why formalizing partnerships matters. La crise du vol des salaires et des accidents industriels chez Les travailteurs A faible revenu des Etats-Unis t6moigne de lerosion du contrat social, mais 6galement de [a crise qui s6vit dans le domaine de [application des normes du travail. Cet article se fonde sur des * Associate Professor, School of Management and Labor Relations, Rutgers University. The author acknowledges Jennifer Gordon of Fordham Law School, her co-author on a previous article that forms the base for this article. Thanks go to Matthew Amengual of MIT, whose scholarly work in this area along with his ideas about co-production greatly assist the ideas developed here. David Weil of Boston University, known for his foundational work in this field, is another important influence on the author's thinking. Finally, thanks go to Anne Weismann of Citizens for Ethics in Government for her legal analysis of the FACA and the ADA. An earlier version of this article was originally presented at the Voices At Work North American Workshop (16-17 March 2012), hosted at Osgoode Hall Law School, York University, Toronto and funded by the Leverhulme Trust, the Centre for Labour Management Relations at Ryerson University, and Osgoode Hall Law School.

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