Injonctions et conflits du travail

Replaçant la procédure d'injonction dans son contexte sociologique en se référant aux caractéristiques essentielles du droit du travail, l'auteur préconise le rapatriement d'une procédure d'injonction modifiée dans la législation du travail et analyse les nouveaux pouvoirs accordés au Conseil canadien des relations du travail (CCRT) en matière d'ordre de ne pas faire (cease and desist order).In our days, the industrial relations field is yet unexplored. It would be quite an incomplete view to examine the injunction in its judicial context ; it is adequate to re-situate it in its sociological context. It is important to question the impact of the sociology of labour regarding the evolution of labour laws The free collective bargaining System imposes itself more and more on our occidental democracies as being the rule and the instrument able to assure industrial peace; it is important to rightly recognize its requirements. The face to face pattern, the « rapport de force », and the conflict are the basic elements of the regime. The protection and the promotion of Freedom of Association, which tends to encourage and privilege collective bargaining, is the cornerstone of this System.Furthermore, labour laws are essentially established for the protection of the workers; this characteristic is largely recognized and implemented. But, there is also a certain particularism attached to labour laws to such an extent that they tend to dissociate from the civil law, and to set up in an independent judicial System. The main reason for this tendency towards autonomy lies in the incompatibility of nature between the two disciplines. For example, notions like the absolute authority of employer regarding dismissals, the civilist theory on risk, the dismissal notice period, the rupture or resiliation of lease of personal service contract, have totally contradictory connotations or applications, as long as you consider them in the civil code perspective, or in the scope of the collective bargaining System.Considering the injunction procedure in the global context of the collective bargaining System, where the right to strike is sanctioned by the law as a « corollaire » of the right to collective bargaining, it is quite easy to realize that the injunction looks like an anachronism, a « cataplasme » artificially imposed and attacking the intergrity of the System. Instead of encouraging or promoting the collective bargaining System, the injunction has the very direct effect of undermining the System itself.Showing the way, and suggesting some guidelines for the future, the author recommends that priority be given to the particularism of labour laws regarding civil law, common law, or criminal law. By doing so, one might contribute to the de-mystification, the de-dramatization or the de-criminalization of the strikes phenomenon.It would be advisable to replace the injunction with an alternative formula. The last amendments recently applied, to the Canada Labour Code, (June, 1978), give new powers to the Canada Labour Relations Board in matters related to illegal strikes, and suggest a new approach. Therefore, at the request of an interested party, the Board, after an investigation, may issue a declaration of illegal strike or lock-out, or an order of « statu quo ante ». But these quasi-judicial decisions may be preceded by an investigation and by mediation efforts, in an attempt to settle the conflicts. The new powers grant considerable pressures and effective means of dissuasion to the C.L.R.B. A judgment of the Supreme Court of Canada, involving a construction union and the Nova Scotia Labour Board reflects this issue. The court established the distinction between the traditional injunction procedure and the new powers given the labour boards. In addition to this, the constitutional aspect concerning the competence of a labour board to issue cease and desist orders was equally decided

Quantum theory of spontaneous and stimulated emission of surface plasmons

We introduce a quantization scheme that can be applied to surface waves propagating along a plane interface. An important result is the derivation of the energy of the surface wave for dispersive non-lossy media without invoking any specific model for the dielectric constant. Working in Coulomb's gauge, we use a modal representation of the fields. Each mode can be associated with a quantum harmonic oscillator. We have applied the formalism to derive quantum-mechanically the spontaneous emission rate of surface plasmon by a two-level system. The result is in very good agreement with Green's tensor approach in the non-lossy case. Green's approach allows also to account for losses, so that the limitations of a quantum approach of surface plasmons are clearly defined. Finally, the issue of stimulated versus spontaneous emission has been addressed. Because of the increasing density of states near the asymptote of the dispersion relation, it is quantitatively shown that the stimulated emission probability is too small to obtain gain in this frequency region.Comment: 14 pages, 5 figures, submitted to Phys. Rev. B

Unusual evolution of a non-hacek Gram-negative endocarditis in a patient with Turner syndrome

Non-HACEK Gram-negative endocarditis is a rare but severe illness, and the diagnosis can be difficult to establish. Here, we report the case of a 72-year-old woman with Turner syndrome suffering from non-typhoid Salmonella endocarditis of the triscupid valve, who benefited from prompt antibiotic treatment allowing a quick and complete recover

Concepts «fondamentaux» en administration de l’éducation

Glossaire élaboré par des membres de la cellule "administration scolaire" au Département d'administration et fondements de l'éducation. Définitions retenues qui s’appliquent toutes au domaine de l’éducation. Document complémentaire aux notions véhiculées dans le cours ETA6900 : Introduction à l’administration de l’éducation

Multiple Routes to Oncogenesis Are Promoted by the Human Papillomavirus-Host Protein Network.

We have mapped a global network of virus-host protein interactions by purification of the complete set of human papillomavirus (HPV) proteins in multiple cell lines followed by mass spectrometry analysis. Integration of this map with tumor genome atlases shows that the virus targets human proteins frequently mutated in HPV- but not HPV+ cancers, providing a unique opportunity to identify novel oncogenic events phenocopied by HPV infection. For example, we find that the NRF2 transcriptional pathway, which protects against oxidative stress, is activated by interaction of the NRF2 regulator KEAP1 with the viral protein E1. We also demonstrate that the L2 HPV protein physically interacts with the RNF20/40 histone ubiquitination complex and promotes tumor cell invasion in an RNF20/40-dependent manner. This combined proteomic and genetic approach provides a systematic means to study the cellular mechanisms hijacked by virally induced cancers.Significance: In this study, we created a protein-protein interaction network between HPV and human proteins. An integrative analysis of this network and 800 tumor mutation profiles identifies multiple oncogenesis pathways promoted by HPV interactions that phenocopy recurrent mutations in cancer, yielding an expanded definition of HPV oncogenic roles. Cancer Discov; 8(11); 1474-89. ©2018 AACR.This article is highlighted in the In This Issue feature, p. 1333

Structure-based design of a disulfide-linked oligomeric form of the simian virus 40 (SV40) large T antigen DNA-binding domain

With the aim of forming the ‘lock-washer’ conformation of the origin-binding domain of SV40 large T antigen in solution, using structure-based analysis an intermolecular disulfide bridge was engineered into the origin-binding domain to generate higher order oligomers in solution. The 1.7 Å resolution structure shows that the mutant forms a spiral in the crystal and has the de novo disulfide bond at the protein interface, although structural rearrangements at the interface are observed relative to the wild type

Distinct Effects of Two HIV-1 Capsid Assembly Inhibitor Families That Bind the Same Site within the N-Terminal Domain of the Viral CA Protein

The emergence of resistance to existing classes of antiretroviral drugs necessitates finding new HIV-1 targets for drug discovery. The viral capsid (CA) protein represents one such potential new target. CA is sufficient to form mature HIV-1 capsids in vitro, and extensive structure-function and mutational analyses of CA have shown that the proper assembly, morphology, and stability of the mature capsid core are essential for the infectivity of HIV-1 virions. Here we describe the development of an in vitro capsid assembly assay based on the association of CA-NC subunits on immobilized oligonucleotides. This assay was used to screen a compound library, yielding several different families of compounds that inhibited capsid assembly. Optimization of two chemical series, termed the benzodiazepines (BD) and the benzimidazoles (BM), resulted in compounds with potent antiviral activity against wild-type and drug-resistant HIV-1. Nuclear magnetic resonance (NMR) spectroscopic and X-ray crystallographic analyses showed that both series of inhibitors bound to the N-terminal domain of CA. These inhibitors induce the formation of a pocket that overlaps with the binding site for the previously reported CAP inhibitors but is expanded significantly by these new, more potent CA inhibitors. Virus release and electron microscopic (EM) studies showed that the BD compounds prevented virion release, whereas the BM compounds inhibited the formation of the mature capsid. Passage of virus in the presence of the inhibitors selected for resistance mutations that mapped to highly conserved residues surrounding the inhibitor binding pocket, but also to the C-terminal domain of CA. The resistance mutations selected by the two series differed, consistent with differences in their interactions within the pocket, and most also impaired virus replicative capacity. Resistance mutations had two modes of action, either directly impacting inhibitor binding affinity or apparently increasing the overall stability of the viral capsid without affecting inhibitor binding. These studies demonstrate that CA is a viable antiviral target and demonstrate that inhibitors that bind within the same site on CA can have distinct binding modes and mechanisms of action

CC9 Livestock-Associated Staphylococcus aureus Emerges in Bloodstream Infections in French Patients Unconnected With Animal Farming

We report 4 bloodstream infections associated with CC9 agr type II Staphylococcus aureus in individuals without animal exposure. We demonstrate, by microarray analysis, the presence of egc cluster, fnbA, cap operon, lukS, set2, set12, splE, splD, sak, epiD, and can, genomic features associated with a high virulence potential in human