scholarly journals European Level Collective Bargaining: A New Phase?

2005 ◽  
Vol 46 (1) ◽  
pp. 46-74 ◽  
Author(s):  
John Grahl ◽  
Paul Teague
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Industrial Relations ◽  
Political Life ◽  
Nation State ◽  
European Level ◽  
New Developments ◽  
European Trade ◽  
The Impact ◽  
New Phase

After virtually two decades on the side lines, European level collective bargaining is back on the industrial relations agenda. To a large extent, the resurgence ofthis notion can be attributed to the impact of the EC's 1992 programme on European economic and political life. This article examines whether any significant changes or new developments will result from this increase in interest in European collective bargaining. The article suggests that there are two main dimensions to European level collective bargaining: the vertical dimension which covers attempts to get greater collaboration and dialogue between European trade unions and employers inside the institutional framework of the European Community; the horizontal dimension which includes developments at the enterprise and market levels aimed at promoting trade union /employer contact outside the confines of the nation state.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

scholarly journals Internal devaluation and economic inequality in Portugal: challenges to industrial relations in times of crisis and recovery

2021 ◽  
pp. 102425892199500
Author(s):  
Maria da Paz Campos Lima ◽  
Diogo Martins ◽  
Ana Cristina Costa ◽  
António Velez
Keyword(s):  
Collective Bargaining ◽  
Wage Inequality ◽  
Economic Inequality ◽  
Industrial Relations ◽  
National Level ◽  
Wage Share ◽  
Recovery Dynamics ◽  
Wage Increases ◽  
The Impact ◽  
Wage Outcomes

Internal devaluation policies imposed in southern European countries since 2010 have weakened labour market institutions and intensified wage inequality and the falling wage share. The debate in the wake of the financial and economic crisis raised concerns about slow wage growth and persistent economic inequality. This article attempts to shed light on this debate, scrutinising the case of Portugal in the period 2010–2017. Mapping the broad developments at the national level, the article examines four sectors, looking in particular at the impact of minimum wages and collective bargaining on wage trends vis-à-vis wage inequality and wage share trajectories. We conclude that both minimum wage increases and the slight recovery of collective bargaining had a positive effect on wage outcomes and were important in reducing wage inequality. The extent of this reduction was limited, however, by uneven sectoral recovery dynamics and the persistent effects of precarious work, combined with critical liberalisation reforms.

scholarly journals International framework agreements: new paths to workers' participation in multinationals' governance?

2008 ◽  
Vol 14 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Isabelle Schömann ◽  
André Sobzack ◽  
Eckhard Voss ◽  
Peter Wilke
Keyword(s):  
Trade Unions ◽  
Self Regulation ◽  
Industrial Relations ◽  
Negotiation Process ◽  
Social Consequences ◽  
Social Regulation ◽  
International Level ◽  
Political Debate ◽  
Labour Standards ◽  
The Impact

This article describes the results of a major study on the impact of codes of conduct and international framework agreements (IFAs) on social regulation at company level. The limits of labour legislation at the national, as well as the international, level provide a strong motivation for both multinationals and trade unions to negotiate and sign IFAs. IFAs offer a way to regulate the social consequences of globalisation and to secure adherence to labour and social standards. They thus form part of the growing political debate on the international working and production standards of private actors. Examination of the negotiation process, the motivations of the parties, and the content of the agreements and implementation measures provides valuable insights into the impact of IFAs on multinationals' behaviour in respect of social dialogue and core labour standards. Finally, the article highlights the influence of such agreements on public policy-making and the limits of private self-regulation at European and international level, addressing the growing and controversial debate on the need for supranational structures to regulate labour standards and industrial relations.

Reading Hugh Clegg’s ‘The Bullock Report and European Experience’ (1977) in Historical Context

2020 ◽  
Vol 41 (1) ◽  
pp. 189-196
Author(s):  
Peter Ackers
Keyword(s):  
Collective Bargaining ◽  
Free Trade ◽  
Trade Unions ◽  
Industrial Relations ◽  
Historical Context ◽  
Industrial Democracy ◽  
Institutional Practices ◽  
European Experience ◽  
The Subject ◽  
Practical Task

Hugh Clegg’s riposte to the 1977 Bullock Report on Industrial Democracy was one of seven papers published from a conference on the subject in April that year. His contribution has to be seen against his long-standing views (expressed, for example, in 1951 and 1960) on industrial democracy which he saw in practical terms as free trade unions conducting collective bargaining. On the Donovan Commission (1965-68), he supported the majority opposition to recommending even voluntary schemes for worker directors. In 1977 he regarded worker directors as irrelevant to the urgent, practical task of reforming British industrial relations. For Clegg, continental versions of industrial democracy worked where there was already a successful prior industrial relations system, developed through workplace and industry institutional practices over decades. One new, top-level initiative could not create that.

The Early Nineteenth-Century Port of London: Management and Labour in Three Dock Companies, 1800-1825

1994 ◽  
Author(s):  
Anthony R. Henderson ◽  
Sarah Palmer
Keyword(s):  
Nineteenth Century ◽  
Trade Unions ◽  
Industrial Relations ◽  
Early Nineteenth Century ◽  
Labour Relations ◽  
Labour Process ◽  
The Impact ◽  
Labour Management

This essay addresses the impact of industrialisation on the experience of work during the early 1800s. It presents the idea that industrial relations focused less on trade unions and more on broad labour/management contact and gave a new emphasis to the significance of the labour process. Also featured is a map of The Port of London in the 1830s, which is used as an example for evidence of change within the pre-industrial pattern of management/labour relations.

Developments in Worker Participation in New Zealand

1979 ◽  
Vol 21 (1) ◽  
pp. 35-50 ◽  
Author(s):  
David F. Smith
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Marked Effect ◽  
Industrial Relations ◽  
Industrial Democracy ◽  
International Debate ◽  
Worker Participation ◽  
The Social ◽  
The Government

Industrial democracy and worker participation have become important topics for international debate, with developments taking place in many countries. Despite its former reputation for advances in the social field, little has been heard about developments in worker participation in New Zealand. The aim of the present paper is to report and assess such developments whilst placing these within the context of developments in industrial relations in that country. The strong reliance upon legal arrangements and government intervention in industrial relations matters have had a marked effect upon the development of the industrial relations system in New Zealand. Yet, despite this tradition of legalism, successive governments remain singularly reluctant to legislate in the field of worker participation. Recent initiatives by employers have been strongly unitary in nature, whilst the trade unions appear to be concentrating their efforts upon extending the scope of collective bargaining, an opportunity afforded to them due to recent changes in the law. The present Government's wish that voluntary arrangements between employers and trade unions will eventuate to cover worker participation seems less than pragmatic, since employers, unions and the Government itself differ so fundamentally upon what constitutes worker participation, and the forms it might take.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

scholarly journals AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK

2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Good Faith ◽  
Structured Interviews ◽  
Recognition Process ◽  
Primary Focus

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.

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