State Intervention and Assistance in Collective Bargaining

1956 ◽  
Author(s):  
H.A. Logan
Keyword(s):  
Collective Bargaining ◽  
State Intervention

scholarly journals Power and Function in Labour Relations

2014 ◽  
Vol 15 (4) ◽  
pp. 441-452
Author(s):  
H. D. Woods
Keyword(s):  
Collective Bargaining ◽  
State Intervention ◽  
Legal Framework ◽  
Power Relationship ◽  
Policy Decisions ◽  
Labour Relations ◽  
American Case ◽  
And Function

Summary The Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.

scholarly journals Liberté de grève et liberté de commerce. Le régime de la grève légale au Québec au regard de celui découlant de la législation américaine du travail

2005 ◽  
Vol 29 (2) ◽  
pp. 447-467
Author(s):  
Pierre Verge
Keyword(s):  
Collective Bargaining ◽  
State Intervention ◽  
Bargaining Process ◽  
Competitive Situation ◽  
Basic Principles ◽  
American System ◽  
Internal Equilibrium ◽  
Legislative Framework ◽  
Federal Jurisdiction ◽  
The Right

Although built around the same basic principles of exclusive representation of unit employees in favour of the majority union, the legislative systems regulating the collective bargaining process in Quebec and within the American federal jurisdiction present significant differences with respect to both the scope of permissible strike action and the course of a legal strike. A survey of the relevant discrepancies reveals that the legislative framework is more stringent in Quebec. The relative flexibility of the American system tends to work against the employer when one looks at the greater availability of the right to strike that it affords. This is not only the case with respect to so-called economic strikes over collective bargaining issues, but also with respect to different kinds of protest strikes. On the other hand, the American employeur seems to enjoy a relatively freer hand in taking different measures to counteract a strike, for instance, through the use of permanent replacements. A certain internal equilibrium may then be prevalent within each of the compared legal systems. The competitive situation of American and Canadian employers included within the same free trade zone is also dependent upon wider juridical and non juridical factors. As to the more pronounced degree of state intervention with respect to collective bargaining in Canada, its historical roots would tend to preserve it.

Union Democracy and Collective Bargaining: Public Policy in Transition

1999 ◽  
Vol 41 (3) ◽  
pp. 393-416 ◽  
Author(s):  
Carol Fox
Keyword(s):  
Public Policy ◽  
Collective Bargaining ◽  
Union Member ◽  
Policy Issue ◽  
State Intervention ◽  
Public Policy Issue ◽  
Union Democracy ◽  
Primary Union ◽  
High Level ◽  
The Relationship

Union democracy was a preoccupation of the federal legislature from the 1920s to the 1970s. It was quiescent as a public policy issue for two decades until revived by the Howard government in 1996. Examination of the statutory provisions for union democracy reveals deficiencies in terms of the benchmarks provided by both liberal pluralist and Marxist models. The traditional rationale for state intervention in union government is found to have been significantly weakened. At the same time, union democracy has been reinstated as a principal object of the statute. A new rationale for intervention is needed, as is a review of current regulation to assess its capacity to facilitate the achievement of tbe statutory objects. In analysing the relationship between regulation for union democracy and for participation in collective bargaining we can identify otber anomalies. These include: different standards for participation in the arbitration spbere (consent awards) from the bargaining sphere ( certified agreements); variation in the degree of regulation of different decisions—high-level regulation for elections and for merger decisions, and low-level regulation of decisions relating to the primary union function of improving wages and conditions; and extension of participa tion rights to non-unionists in the negotiation of union agreements, that is, elevation of an 'employee constituency' at the expense of a 'union-member constituency'. The industrial citizenship paradigm serves to highlight the anomalies and also resonates with the currently espoused value of employee choice. This model could provide a theoretical foundation for a more comistent and principled approach to public policy concerning participation in collective bargaining.

scholarly journals State Intervention in the Settlement of Interests Conflicts

2014 ◽  
Vol 13 (4) ◽  
pp. 392-416
Author(s):  
Adolf Sturmthol
Keyword(s):  
United States ◽  
Great Britain ◽  
Collective Bargaining ◽  
Government Intervention ◽  
Industrial Relations ◽  
State Intervention ◽  
The United States ◽  
Conflicts Of Interests ◽  
Union Participation ◽  
Numerous Data

The Author first describes the « contradictory values » which surround collective bargaining and industrial peace, going through a brief analysis of various industrial relations theories: those of Market, Government and Union Participation in Management. He then goes on to distinguish between various manifestations of industrial conflicts—one of which being the strike, which is not necessarily a symptom of « unhealthy » industrial relations. The Author states that government intervention in conflicts of interests must be the exception and must have their justification in each case. He founds his thesis on the on-the-spot study of numerous data collected from the United States, Great Britain, France, Germany and, Sweden.

Workers' freedom of association in Botswana

1998 ◽  
Vol 42 (1) ◽  
pp. 64-79 ◽  
Author(s):  
B. Molatlhegi
Keyword(s):  
Collective Bargaining ◽  
Significant Role ◽  
Industrial Relations ◽  
State Intervention ◽  
Market Place ◽  
Freedom Of Association ◽  
Labour Law ◽  
Labour Relations ◽  
Conditions Of Employment

The year 1992 saw significant reforms to the Botswana labour law and industrial relations system. Before then, as was the case elsewhere in Africa, the Botswana government had adopted highly interventionist policies with respect to industrial relations. The changes introduced in 1992 were aimed at shifting labour relations to the market place. State intervention, though not completely eliminated, has been greatly reduced as a result. The changes in labour law and the industrial relations system have brought to the fore the debate about the nature, content and extent of workers' freedom of association in the country. The changes mean that more than ever before collective bargaining will play a significant role in the determination of wages, terms and conditions of employment.

Sign in / Sign up

Export Citation Format

Share Document