scholarly journals Compulsory Unionism: A Strength or Weakness? The New Zealand System Compared with Union Security Agreements in Great Britain and in the United States

1969 ◽  
pp. 313 ◽  
Author(s):  
Alexander Szakats

In the following article Doctor Szakats evaluates the workers' position with regard to the necessity of membership in union as an indispensable prerequisite for obtaining and retaining work. In particular, he analyzes current employer-union practices and legislation in New Zealand, Great Britain and the United States. The author points out that in New Zealand the relevant statutes apply only to registered workers' associations. However, registered union has the advantages of: monopoly position; blanket clauses; and unqualified preference clauses. The author concludes that the so-called abolition of compulsory unionism in New Zealand does not change the position of workers seeking employment since by virtue of the unqualified preference clauses in nearly all awards and industrial agreements, compulsory unionism has de facto remained in force. In Great Britain, as in New Zealand, relevant statutes apply only to registered associations. Although it has been recognized in Great Britain since 1871 that trade unions are voluntary associations, the theory does not always conform with the practice. As result, certain arrangements can inhibit worker's choice of specified trade union and closed shop agreements may lawfully counteract this right of not joining, thereby introducing de facto compulsory unionism. By way of contrast to Great Britain and New Zealand, relevant legislation in the United States extends to and binds all trade unions. The author concludes that although com pulsory unionism imposed by the state generally weakens the labour movement, compulsory unionism imposed by employer-union agreement strengthens the movement.

2003 ◽  
Vol 57 (2) ◽  
pp. 225-251 ◽  
Author(s):  
Ron McCallum

Summary When Australia deregulated its economy in the 1980s, political pressures built up leading in the 1990s to the dismantling of Australia’s industry-wide conciliation and arbitration systems. New laws established regimes of collective bargaining at the level of the employing undertaking. This article analyzes the 1993 and 1996 federal bargaining laws and argues that they fail to protect the right of trade unions to bargain on behalf of their members. This is because the laws do not contain a statutory trade union recognition mechanism. The recognition mechanisms in the Common Law countries of the United States, Canada, Britain and New Zealand are examined, and it is argued that Australia should enact trade union recognition mechanisms that are consonant with its industrial relations history and practice.


Legal Studies ◽  
1981 ◽  
Vol 1 (2) ◽  
pp. 190-212
Author(s):  
Richard Townshend-Smith

It is well known that the United States of America has had a mechanism designed to secure the compulsory recognition of trade unions by law since the mid-thirties. Such procedure is part of the bedrock of American labour law. In Great Britain, however, no attempt at compulsion was made until 1971, when the Industrial Relations Act was passed. This Act was repealed three years later, although the operation of the recognition provisions hardly contributed to the factors leading to repeal. Another attempt at compulsion was made by the 1975 Employment Protection Act. However, the relevant sections have now been repealed by the 1980 Employment Act. Furthermore this repeal had at least some support both from the Labour opposition and from the Advisory, Conciliation and Arbitration Service, the statutory body charged with operating the procedure.


Author(s):  
Scott Stephenson

Trade unions are ostensibly democratic organizations, but they often fail to operate as democracies in practice. Most studies of Western trade union democracy have acknowledged that oligarchy is the norm among unions but have nonetheless examined exceptional democratic unions to understand how those unions defied the trend. My study inverts this approach and instead examines two known oligarchical unions, the Australian Workers Union (AWU) and the United Automobile Workers (UAW) in the United States. I argue that union oligarchy requires certain conditions to thrive. Both unions lacked democratic rules, close-knit occupational communities, local autonomy, rank-and-file decision making, internal opposition, equality between members and officials, and free communication, but these absences were expressed in different ways in each organization. Comparing a prominent US union with a prominent Australian union allows for assessment of the extent to which oligarchy was the result of national context. I argue that the experience of trade union oligarchy in the United States and Australia was more similar than different. National differences between the two countries were important, but they manifested primarily as different methods to achieve similar outcomes.


1942 ◽  
Vol 36 (4) ◽  
pp. 539-567 ◽  
Author(s):  
Archibald King

There are at present armed forces of the United States in England, Northern Ireland, Egypt, Australia, New Zealand, New Guinea, China, India, Iceland, in British possessions in the Western Hemisphere from Newfoundland to British Guiana, and in other friendly countries. There are troops of Great Britain or her dominions in Egypt, Iraq, Iran, and a few of them in the United States. English forces were a few months ago in Greece, and ours in the Dutch East Indies and Burma. There are troops of various exiled governments in England. The armed forces of Germany are in Italy, Libya, Hungary, and Rumania; and those of Japan in French Indo-China and Thailand. In every case mentioned, the visiting forces are in the foreign country by invitation, or at least with the consent, of its sovereign or government.


2000 ◽  
Vol 10 (4) ◽  
pp. 397-406 ◽  
Author(s):  
Jed Rowe

Falls are common in late life. Evidence from New Zealand, the United States and Great Britain suggest that about a third of people aged over 65 will fall each year, a proportion that rises to about half for the community-dwelling population older than 85 years. Falls are the leading cause of death from injury in older people. Although many falls do not cause serious injury, nor precipitate referral to the health services for 30–50% of fallers, those that do have major consequences. From a purely financial perspective, acute care of those with falls is estimated to cost $10 billion per annum in the United States.


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