Trade Union Democracy and Industrial Relations. Special Issue, Bulletin of Comparative Labour Relations.

ILR Review ◽  
1990 ◽  
Vol 44 (1) ◽  
pp. 178
Author(s):  
Herman Benson ◽  
R. Blanpain
2009 ◽  
Vol 64 (2) ◽  
pp. 250-269 ◽  
Author(s):  
Karen Lang ◽  
Mona-Josée Gagnon

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.


2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.


Author(s):  
Astra Emir

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.


Just Labour ◽  
1969 ◽  
Author(s):  
Michael Lynk

The legal approach in Canada towards the regulation of trade union democracy has sought to balance individual member's rights with respect for the autonomy of unions. While the United States and England have heavily legislated the areas of internal trade union affairs, Canada has enacted relatively few laws in this area. Rather, unions in Canada have enjoyed considerable legal freedom to develop their own democratic practices and culture. The irony of this approach is that it is the Canadian courts, rather than the more experienced and liberal labour relations boards, that are the final legal arbiters over most internal union matters. However, this is slowly changing. Several provinces have recently enacted modest changes that direct their labour boards to hear complaints from union members respecting the fairness of internal hearings. In the absence of extensive statutory regulation, union constitutions and the democratic traditions behind them become significant legal documents. Au Canada, l’approche juridique à l’égard de la réglementation de la démocratie syndicale a consisté à chercher à mettre en équilibre les droits des membres et l’autonomie des syndicats. Les États-Unis et l’Angleterre ont une multitude de lois sur les affaires internes des syndicats, mais le Canada n’a adopté que relativement peu de lois à cet égard. Les syndicats du Canada ont joui d’une liberté juridique considérable dans l’établissement de leurs pratiques et de leur culture démocratiques. L’ironie de cette approche est que ce sont les tribunaux canadiens plutôt que les conseils des relations du travail, plus expérimentés et ayant moins de préjugés, qui sont les arbitres de dernier recours sur la plupart des questions syndicales internes. Toutefois, la situation change peu à peu. Plusieurs provinces ont adopté dernièrement de modestes modifications législatives ordonnant à leurs conseils des relations du travail d’entendre les plaintes de membres de syndicats au sujet de l’équité des audiences internes. En l’absence d’une réglementation étoffée, les statuts des syndicats et les traditions démocratiques qui les sous-tendent deviennent d’importants documents légaux.


2016 ◽  
Vol 71 (3) ◽  
pp. 418-441 ◽  
Author(s):  
David Walters ◽  
Richard Johnstone ◽  
Michael Quinlan ◽  
Emma Wadsworth

This paper explores the practice of worker representation coalmining in Australia, in which there are both serious risks to health and safety and where regulatory provisions on worker representation on health and safety are longstanding. Despite their longevity, their operation has been little studied. The aim of the paper is to address this gap by examining the quality of the practice of worker representation in the sector. In particular, it explores strategies used by representatives to undertake their role in the context of the hostile industrial relations that are characteristic of coalmining. It examines documentary records of statutory inspections by worker representatives and government mines inspectors and analyses the content of qualitative interviews. It finds that the representatives address serious and potentially fatal risks in their activities and make effective use of their statutory powers in doing so, including their power to suspend operations they deem to be unacceptably dangerous. Nevertheless, they strive to operate within the boundaries of regulation in order to offset the negative influences of a hostile labour relations climate, As well as cautious use of their powers to order the cessation of operations where they deem the risks to be unacceptable, they also avoid accusations of unnecessarily impeding production and engaging with labour relations matters that are outside their statutory remit, through good communication between themselves and other workplace representatives. This is made possible by support from the relatively high level of workplace trade union organization present in the mines and further support derived from the trade union more widely and from the unique two-tier form of representation provided for by legislation. Both ensure the representatives are well informed, well trained and supported in their role. Overall, the study highlights the positive role representatives and unions play in preventive health and safety even in hostile labour relations climates.


2020 ◽  
pp. 390-401
Author(s):  
Astra Emir

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.


1984 ◽  
Vol 29 (1) ◽  
pp. 1-33 ◽  
Author(s):  
Arthur J. McIvor

The historical development of employers' associations and the role these organisations played in strikebreaking has been considerably neglected in industrial-relations history. With a few notable recent exceptions, research has tended to concentrate on the development and struggles of the organisations of men, rather than the masters. This is partly the result of the secrecy and anonymity of employers' associations and their reluctance to allow access to their records or to attract media interest, and partly because the defensive and conservative attitudes and policies of employers' organisations have proved less attractive to historians than the more militant political and social theories that lie at the foundation of trade-union policy. In particular, the strikebreaking activities of employers and their organisations were not widely publicised. As a result, this whole emotive area is shrouded in exaggeration, sensationalism, distortion and the propagation of myths by both workers and employers. The object of this paper is to analyse the parameters of employers' coercive strikebreaking tactics from the 1880's to 1914 and to shed some light on the role employers' associations played during industrial stoppages. The first section briefly outlines the main developments in employers' organisation, solidarity and labour-relations policy before 1914. Following this is a discussion of the various strikebreaking tactics utilised by employers in this period, broken down into sections on labour replacement, victimisation and legal action, strike compensation and internal solidarity, and, finally, the lock-out.


2019 ◽  

This special edition of ‘WSI-Mitteilungen’, the academic journal of the Institute of Economic and Social Research (WSI), focuses on the state of labour relations in Germany. The system of German industrial relations aroused lively interest following the corporatist crisis management of 2009/2010, which was credited with ‘Germany’s jobs miracle’. In 2019, it is apparent that although works councils and multi-employer collective bargaining—the core institutional pillars which shape the dual system of German industrial relations—are still alive, labour relations as a whole are undergoing substantial changes. It is the aim of this special issue to contribute to improving our understanding of these changes, and also to open up new perspectives on both the theory and practice of industrial relations. With contributions by Nadine Absenger, Martin Behrens, Wolfram Brehmer, Heiner Dribbusch, Helge Emmler, Anke Hassel, Wolfgang Schroeder, Thorsten Schulten and Daniel Seikel.


Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations


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