Power and Function in Labour Relations

H. D. Woods

doi:10.7202/1021910ar

Power and Function in Labour Relations

Relations industrielles ◽

10.7202/1021910ar ◽

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.

Download Full-text

Workers' freedom of association in Botswana

Journal of African Law ◽

10.1017/s0021855300010494 ◽

1998 ◽

Vol 42 (1) ◽

pp. 64-79 ◽

Cited By ~ 1

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.

Download Full-text

Professional Workers and Collective Bargaining, by Shirley B. Goldenberg, Study no 2, Task Force on Labour Relations, Ottawa, Privy Council Office, 1968, 298 pp.

Relations industrielles ◽

10.7202/028169ar ◽

1970 ◽

Vol 25 (3) ◽

pp. 627

Author(s):

André Roy

Keyword(s):

Collective Bargaining ◽

Task Force ◽

Privy Council ◽

Labour Relations ◽

Professional Workers

Download Full-text

Judicial Conciliation and Mediation: Correlation Problems and Development Prospects

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2021.7.35-44 ◽

2021 ◽

Vol 7 ◽

pp. 35-44

Author(s):

S. I. Pervukhina ◽

Keyword(s):

Dispute Resolution ◽

Legal Status ◽

Legal Framework ◽

Negative Effect ◽

And Function ◽

Further Development ◽

Goals And Objectives ◽

Role And Function ◽

Development Prospects

This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.

Download Full-text

OSTVARIVANjE PRAVA NA KOLEKTIVNO PREGOVARANjE U REPUBLICI SRBIJI

USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9 ◽

10.46793/upssix.099u ◽

2021 ◽

pp. 99-112

Author(s):

Bojan Urdarević ◽

Keyword(s):

Collective Bargaining ◽

Working Conditions ◽

Legal Framework ◽

Academic Community ◽

Fundamental Rights ◽

Freedom Of Association ◽

Conflicting Interests ◽

Collective Negotiations ◽

The One ◽

The Right

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.

Download Full-text

13. Collective bargaining

Concentrate Questions and Answers Employment Law ◽

10.1093/he/9780198745198.003.0013 ◽

2017 ◽

Author(s):

Roseanne Russell

Keyword(s):

Collective Bargaining ◽

Trade Union ◽

Trade Unions ◽

Bargaining Power ◽

Employment Relationship ◽

Relationship Status ◽

Key Issues ◽

And Function ◽

Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Download Full-text

12. Child Protection

Family Law ◽

10.1093/he/9780198811848.003.0012 ◽

2019 ◽

pp. 825-915

Author(s):

Joanna Miles ◽

Rob George ◽

Sonia Harris-Short

Keyword(s):

At Risk ◽

Social Services ◽

Family Life ◽

Child Protection ◽

Well Being ◽

State Intervention ◽

Legal Framework ◽

The Social ◽

The Law ◽

Interim Measures

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.

Download Full-text

Working with MAPPA: ethics and pragmatics

BJPsych Advances ◽

10.1192/bja.2018.5 ◽

2019 ◽

Vol 25 (3) ◽

pp. 157-165 ◽

Cited By ~ 1

Author(s):

Richard Taylor ◽

Jessica Yakeley

Keyword(s):

General Medical Council ◽

Legal Framework ◽

Learning Objectives ◽

Guidance Document ◽

Medical Council ◽

List Type ◽

Management Board ◽

Political Background ◽

And Function

SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal College of Psychiatrists, General Medical Council and British Medical Association.LEARNING OBJECTIVESAfter reading this article you will be able to: •Learn the legal and political background that led to the formation of MAPPA•Understand the structure and function of MAPPA•Understand the role of psychiatrists in the MAPPA processDECLARATION OF INTERESTR.T. is a member of the London Strategic Management Board for MAPPA.

Download Full-text