scholarly journals The Collective Bargaining Process

2005 ◽  
Vol 25 (1) ◽  
pp. 34-45
Author(s):  
Alton W.J. Craig
Keyword(s):  
Collective Bargaining ◽  
Task Force ◽  
Industrial Relations ◽  
Bargaining Process ◽  
Task Force Report ◽  
Labour Relations

This paper attempts to highlight the parts of the Woods 1 Report dealing with the collective bargaining process. The author discusses how the goals (inputs) of labour and management are converted to outputs via the mechanisms of collective bargaining, and gives his personal opinions on the positions advanced in the Task Force Report. 1. Canadian Industrial Relations, The Report of the Task Force on Labour Relations, Ottawa, the Queen's Printer, 1969. This document will be referred to throughout this paper as the Task Force Report.

Background and rationale of collective bargaining around work-family issues in Italy

2017 ◽  
Vol 39 (4) ◽  
pp. 459-474 ◽  
Author(s):  
Egidio Riva
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Content Type ◽  
Labour Relations ◽  
The Great Recession ◽  
Care Services ◽  
Family Issues ◽  
Nuanced Understanding ◽  
Work Family ◽  
Available Information

Purpose The purpose of this paper is to outline and assess the role of industrial relations in introducing work-family-related policies and investigate the drivers, nature and scope of contract provisions that were bargained in the following domains: flexible working arrangements, leave schemes, care services and other supportive arrangements. Analyses draw on information filed in a unique and restricted access repository, the SEcond-level Collective Bargaining Observatory (OCSEL) held by Confederazione Italiana Sindacati Lavoratori (CISL), one of the major trade union organizations in Italy. Design/methodology/approach This paper presents and examines, by means of descriptive statistics and content analysis, available information on 285 company-level agreements around work-family-related issues that were signed in Italy between January 2012 and December 2015, in the aftermath of the great recession. Findings Work-family issues do not seem to be a major bargaining concern. The availability of specific arrangements is mostly limited to the domain of working time flexibility and it is not quite innovative in its contents. Besides, there is little evidence that the mutual gains rationale is embedded in collective bargaining in the field. However, mature and well-established labour relations result in more innovative and strategic company-level bargaining that is also conducive to work-family-related arrangements. Research limitations/implications The sample is not representative. Thus, the results obtained in this study cannot be extended to make predictions and conclusions about the population of collective agreements negotiated and signed in Italian companies in the period under scrutiny. Originality/value Research on the industrial relations context that lies behind the design and implementation of work-family workplace arrangements is still limited. Furthermore, the evidence is inconclusive. This manuscript intends to address this research gap and provide a much more nuanced understanding.

scholarly journals Diverging Trajectories: Economic Rebalancing and Labour Policies in China

2013 ◽  
Vol 42 (4) ◽  
pp. 105-137 ◽  
Author(s):  
Boy Lüthje
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Chinese Economy ◽  
Manufacturing Industries ◽  
New Approach ◽  
Labour Relations ◽  
Labour Standards ◽  
Labour Management

This paper develops a new approach to analyse labour relations at the level of companies, industries, and regions in China. Referring to Western and Chinese labour sociology and industrial relations theory, the author applies the concept of “regimes of production” to the context of China's emerging capitalism. This article focuses on China's modern core manufacturing industries (i.e. steel, chemical, auto, electronics, and textile and garment); it explores regimes of production in major corporations and new forms of labour-management cooperation, the growing inequality and fragmentation of labour policies within the modern sectors of the Chinese economy, consequences for further reform regarding labour standards, collective bargaining, and workers’ participation.

Sweden: At the Turning Point?

1994 ◽  
Vol 5 (2) ◽  
pp. 14-27 ◽  
Author(s):  
Olle Hammarstrom ◽  
Rianne Mahon
Keyword(s):  
Collective Bargaining ◽  
Union Membership ◽  
Turning Point ◽  
Industrial Relations ◽  
White Collar ◽  
Pay Equity ◽  
Bargaining Process ◽  
Social Democratic ◽  
The Past ◽  
Enterprise Level

The Swedish industrial relations system has undergone significant changes in the past decade, as employers have vigorously pursued a strategy to decentralise the collective bargaining process. Issues of co-worker agreements and pay equity dominated the 1993 bargaining round, with employers seeking to limit the unions' role to the enterprise level. Union membership levels, however, have remained high and there has been greater cooperation between blue and white collar union groups. The return of a Social Democratic led Government may see greater support for national agreements and representative forms of participation.

scholarly journals York University and Cupe 3903— Future of Collective Bargaining Rights

2020 ◽  
Vol 9 (2) ◽  
pp. 273-284
Author(s):  
Sonia Mehrotra ◽  
Stephen D. Risavy
Keyword(s):  
Collective Bargaining ◽  
Third Party ◽  
Public Employees ◽  
University Administration ◽  
Bargaining Process ◽  
Labour Relations ◽  
Distributive Negotiation ◽  
The Government ◽  
The University ◽  
Back To Work

The Canadian Union of Public Employees (CUPE) 3903 view the introduction of the new Ontario government’s ‘back to work’ legislation (Bill 2) as detrimental and a threat to their fundamental bargaining rights. Why is the government legislating the CUPE members back to work instead of allowing them to further negotiate with the administration of York University? If resolving issues through the collective bargaining process is not allowed, then what will happen to the relationship between the union and the university authorities? Dilemma Why did the government bring in the bill with ‘back to work’ clause? The concerned parties could have settled the issue through negotiation. Theory: Labour relations, integrative vs. distributive negotiation and third-party interventions Type of the case: Decisional and applied Protagonist: Not needed Options Negotiation, appointing mediator, adopting competitive distributive strategy or collaborative integrative strategy Discussions and Case Questions Suggest a more effective way to resolve the crisis. What are the main contentions of CUPE 3903 and the York University Administration in this negotiation? Discuss the strategies and tactics as used by CUPE 3903 and the York University Administration. Could these be optimized further? Evaluate the gap between the current strategy and the optimal one Is there any way in which a third-party mediator could craft a mutually beneficial agreement?

scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

scholarly journals Canadian Industrial Relations – The Task Force Report

2005 ◽  
Vol 24 (3) ◽  
pp. 489-497
Author(s):  
Adolf Sturmthal
Keyword(s):  
Task Force ◽  
Full Employment ◽  
Industrial Relations ◽  
Industrial Democracy ◽  
Task Force Report ◽  
Union Security ◽  
Wage Parity

After an overall judgment of the Report, the author examines problems such as the emergency strike, the alienation of the worker, the long-term full employment, inflation, industrial democracy, union certification, union security and wage parity.

scholarly journals The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3

2017 ◽  
Vol 17 (1) ◽  
pp. 612
Author(s):  
Shamier Ebrahim
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Bargaining Process ◽  
Stare Decisis ◽  
Labour Relations ◽  
Appeal Court ◽  
Labour Practice ◽  
Northern Cape ◽  
The Right ◽  
Term Benefit

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA. 

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