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Wells, Dominic. "From Collective Bargaining to Collective Begging: State Expansion and Restriction of Collective Bargaining Rights in the Public Sector." Kent State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=kent1522790947706508.
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Even, Jozef Harmen. "Transnational Collective Bargaining in Europe." [S.l.] : Rotterdam : [De Auteur] ; Erasmus University Rotterdam [Host], 2008. http://hdl.handle.net/1765/13755.
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Even, J. H. "Transnational Collective Bargaining in Europe : a proposal for a European regulation on transnational collective bargaining /." Rotterdam : Boom Juridische uitgevers, 2008. http://hdl.handle.net/1765/13755.
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Spence, Alan Robert. "Collective bargaining in Washington community colleges /." Thesis, Connect to this title online; UW restricted, 2006. http://hdl.handle.net/1773/7772.
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Conti, Barbara A. "A comparative analysis of four model states in teachers' negotiations : Pennsylvania, New Jersey, New York, and Connecticut /." Access Digital Full Text version, 1994. http://pocketknowledge.tc.columbia.edu/home.php/bybib/11624395.
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Thesis (Ed.D.)--Teachers College, Columbia University, 1994.Includes tables and appendices. Typescript; issued also on microfilm. Sponsor: Jonathan T. Hughes. Dissertation Committee: Margaret Terry Orr. Includes bibliographical references (leaves 159-163).
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Qotoyi, Thanduxolo. "Dismissals within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1039.
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Competitive forces in the market force employers to change the way they operate their businesses. The changes that employers have to make often demand an alteration of the employees’ terms and conditions of employment. By law employers are not permitted to unilaterally effect changes to the employee’s terms and conditions of employment. They have to obtain the consent of the affected employees. This is where collective bargaining fits in. The employer has to negotiate with the employees. One way in which through the process of collective bargaining an employer can exert pressure on the employees to accept the changes is to effect a lock-out. Under the Labour Relations Act 28 of 1956 within the context of a lock-out, an employer was permitted to use conditional dismissal as a bargaining weapon. This conditional dismissal had to be coupled with an offer of reemployment should the employees accept an employer’s demand. In essence, the lock-out had a bite in the form of the conditional dismissal. This made the lock-out quite effective. The 1995 Labour Relations Act prohibits in no uncertain terms the use of a dismissal as a means of compelling employees to accept an employer’s demand in any matter of mutual interest. Within the collective bargaining context, dismissal is not a legitimate option. The employer only has the lock-out as a tool of compulsion. The definition of a lock-out in terms of this Act does not accommodate the use of dismissal. This makes the lock-out option to be less potent than it was under the 1956 Labour Relations Act. However, employers are permitted to dismiss on operational grounds, provided that they follow a fair procedure. Terms and conditions of employment greatly feature in the operational requirements of a business. If the employees’ terms and conditions of employment are not responsive to the operational requirements of the business and they are unwilling to accept changes to those terms, the employer has the right to dismiss them. The employer will not be dismissing the employees as a way of inducing them to accept the changes. He will instead be dismissing them on the basis of operational requirements. iv The question that then arises is how should a dismissal that is intended to compel employees to accept an employers demand (falling within section 187(1)(c) of the 1995 Labour Relations Act be distinguished from a dismissal that is genuinely based on operational requirements as contemplated by section 188(1)(a)(ii). Doesn’t the fact that section 187(1)(c) explicitly prohibits the use of dismissal within the context of collective bargaining give rise to some tension with section 188(1)(a)(ii) which categorically gives employers the right to dismiss on operational grounds. The decision of the Labour Appeal Court in Fry’s Metals v NUMSA has stated that there is no tension whatsoever between the two sections. The court has also ruled that the dismissals that are hit by section 187(1)(c) are those dismissals that are accompanied by an offer of reemployment. According to the court, this offer is indicative of the real purpose of the employer, namely to compel employees to accept his demand. Dismissals not accompanied by an offer of re-employment are on the other hand a true reflection of the fact that the employer is indeed dismissing the employees for operational requirements. This literal interpretation of the meaning and scope of section 187(1)(c) has the potential of opening the floodgates. Instead of resorting to the use of the lock-out to secure the agreement of employees in the collective bargaining process, employers now have a potent tool in the form of a dismissal. As long as the employer makes it abundantly clear that the dismissal is final and irrevocable, he is free from the claws of section 187(1)(c). Given the fact that the lock-out option is not always effective, employers may find it hard to resist the temptation to use the threat of permanent dismissal as a bargaining chip. It is an option that is emasculated by the fact that in an employer initiated lock-out the use of replacement labour is prohibited. The threat of not just a conditional dismissal but a permanent one may force employees to capitulate to the employer’s demand during negotiations. This would effectively render negotiations about changes to terms and conditions of employment a farce. The employer would have an upper hand. The implications of this narrow interpretation are quite far-reaching. The long held view that dismissal is not a legitimate weapon of coercion in the collective bargaining process is under serious challenge. Only conditional dismissals are illegitimate in the collective bargaining v arena. Permanent dismissals are permitted. This negates the very purpose of the collective bargaining process. This study seeks to examine the anomalies that flow from this interpretation of the meaning of section 187(1)(c). The study further investigates if this interpretation is not at odds with what the legislation really intended to achieve by enacting this clause. The study also explores ways in which the sanctity of collective bargaining could be restored. Recommendations are made to that effect.
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Colebrook, Peter. "Collective bargaining in British Columbia's community colleges." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/32244.
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This study examines collective bargaining in 14 unionized community colleges in British Columbia. It provides a broad overview of bargaining in the colleges and insights into the tensions commonly associated with collective bargaining. The study combines qualitative data and quantitative data through the use of interviews, contractual analysis and two questionnaires. One survey examined the opinions of board members, senior administrators and faculty leaders on various aspects of collective bargaining. The latter included the competitive characteristics of distributive bargaining, governance, the scope of the collective agreements and a number of proposed modifications aimed at improving bargaining in the colleges. The study is significant as it fills a void in the research related to the above issues in British Columbia's colleges.
The literature review encompassed a wide range of research. This included material related to the evolution of collective bargaining in higher education; factors that influence opinions of bargaining; constructive conflict, destructive conflict and dysfunctional competition; conflict resolution techniques associated with bargaining; and integrative bargaining.
The study revealed a competitive collective bargaining climate in the colleges, characterized by such factors as a
lack of trust and respect, inexperienced faculty negotiators, contractual constraints and a lack of bargaining priorities. The competitive climate was aggravated by a number of external factors (government policies); internal factors (the management style of a president); the composition of the faculty associations (combined vocational and academic faculty associations); and personal factors (age and political preferences). In terms of governance issues, the scope of the collective agreements and their political orientation, the board members and the senior administrators are essentially from the same population. The faculty leaders come from a different population. The respondents favour modifications that would enhance communications, training, and equal access to information, as well as the resolution of labour matters at the local level rather than at the provincial level.
Distributive bargaining will likely remain the cornerstone of negotiations in British Columbia's colleges. Although it does not have to be as competitive as it is, the distributive model appears to be best suited to the resolution of Level I issues, e.g. salaries, benefits. Given the collegial traditions of higher education, the varying professional needs of the faculty, the issue of management rights and the intrinsic values of the parties involved, a more collaborative model of bargaining is necessary to accommodate Level II issues. The latter include faculty participation in college governance, peer evaluation, and the selection of other
faculty. The study contributed to the research literature and produced a number of recommendations for practice.Education, Faculty of
Graduate
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Archibald, Thomas. "Improving Patient Safety Through Nurse Collective Bargaining." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/36169.
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Nursing workload and time worked are two key working conditions tied to the risk of adverse events and medical error. In Canada at the provincial level, these issues, which I call “patient safety issues”, are raised, negotiated and ultimately resolved within collective bargaining structures that are based on traditional “Wagnerist” labour law theory. I reviewed the results of decisions on patient safety issues within fifteen years of nurse collective bargaining in six of the thirteen provinces/territories. My findings are that patient safety issues of workload are inadequately addressed in nurse collective agreements, but at the same time these agreements contained strong patient safety-driven protections relating to time-worked issues of scheduling, hours of work and overtime. I further conclude that these limitations can be attributed to a series of trends in the process of nurse collective bargaining that tended to limit the ability of nurses’ unions to push for patient safety protections and more generally to marginalize patient safety issues in the bargaining process in favour of more traditional economic issues. To overcome these problems, I propose that patient safety issues in nursing be decided instead in locally-based “patient safety committees” instead of in the current traditional labour law model.
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Horn, Carlos Henrique Vasconcellos. "Collective bargaining in Brazilian manufacturing, 1978-95." Thesis, London School of Economics and Political Science (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.406088.
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Sánchez, Reyes Christian, Olivares Mauro Ugaz, and Lizárraga Mario Pasco. "Roundtable "Collective Bargaining and Group of Companies"." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118644.
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In this roundtable, our speakers analyze, evaluate and criticize the new legal scenario which is the collective labor law, specifically related to collective bargaining, in an area influenced by the development of capitalism, which is beginning to cause different forms business organizations that break the paradigm of the definition of company we know, and thus leads us to redesign legal parameters to meet the challenges of the now called “business groups” and “network companies” for a proper defense of the collective rights of workers and defend the interests of employers.En la presente mesa redonda, nuestros ponentes analizan, evalúan y critican el nuevo escenario legal en el cual se encuentra el derecho colectivo del trabajo, específicamente relacionado con las negociaciones colectivas, en un ámbito influenciado por desarrollo del capitalismo, que empieza a originar distintas formas de organizaciones empresariales, que rompen el paradigma de la definición de empresa que conocemos, y que de esta manera, nos lleva a rediseñar parámetros legales para sobrellevar los desafíos de los ahora llamados “grupos empresariales” y “empresas en red” para un adecuada defensa de los derechos colectivos de los trabajadores y la defensa de los intereses de los empleadores.
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Oliphant, Lukhanyo Shane. "The right to engage in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19463.
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The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
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Belcher, Vanessa. "The Promotion of Collective Bargaining: Different Models." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4503.
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Shella, Andrew Jospeh Shella. "Negotiating Technology in Faculty Collective Bargaining Agreements." University of Toledo / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1513090944291521.
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Monteblanco, Vinces Alejandro. "The Extension of Collective Agreements Within Collective Bargaining at Company Level." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118932.
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In this article, a review is conducted to the implementation of Peruvian law of collective agreements and their impact at company level. To achieve this purpose, in principle we mentioned what the Peruvian labor laws and their current application, and then compared with other Latin American visions, and finally outline a more peaceful solution considering the guidelines of the International Labour Organization labor standards and our constitutional current.En el presente artículo, se realizará una crítica a la aplicación de la legislación peruana de los convenios colectivos y sus efectos a nivel de empresa. Para alcanzar tal finalidad, en principio analizaremos lo que menciona la normativa laboral peruano y su aplicación actual, para luego compararla con otras visiones latinoamericanas, y finalmente, esbozar una solución más pacifica considerando los lineamientos de la Organización Internacional de Trabajo y nuestra normativa constitucional laboral vigente.
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De, Leon Maria Cristina A. "Collective bargaining, the worker's hope for deliverance? : a study and comparison of the Philippine and Ccanadian collective bargaining laws." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq20627.pdf.
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Arnaud, Manon. "L'extinction des conventions et accords collectifs de travail." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD035.
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La volonté exprimée par le législateur de renforcer la place de la norme conventionnelle au sein du droit du travail, témoigne de l’importance devant être accordée à l’acte conventionnel de sa formation à son extinction, en passant par son exécution. Cette thèse aura ainsi pour objet d’étudier la phase d’extinction et plus spécifiquement les différents mécanismes conduisant à l’anéantissement des conventions et accords collectifs de travail. L’analyse de ces derniers conduit ainsi à opérer une distinction selon l’origine du fait générateur de l’extinction. L’extinction sera dite assumée lorsqu’elle sera la conséquence directe de la volonté des parties de mettre un terme à l’acte conventionnel. Un tel choix imposera dès lors le recours à la dénonciation ou bien aux conventions et accords à durée déterminée. Par opposition, l’extinction pourra être subie. L’anéantissement de l’acte s’imposera alors aux parties en raison de la survenance d’un événement déterminé. Dans pareilles circonstances, ce sont la mise en cause et la caducité qui devront alors être mises en oeuvre. La pluralité des situations que de tels mécanismes ont vocation à régir atteste de leur pertinence et de leur intérêt. Dès lors, au-delà de leur définition, c’est un régime complet de chacun de ces différents mécanismes d’extinction de l’acte conventionnel qui sera proposé au travers de cette étudeThe decision expressed by the legislator to strengthen conventional norm’s position in labor law, shows the importance of collective bargaining agreement from their conclusion through their application to their extinction. This PhD work aims to study the extinction phase and more precisely various mechanisms which lead to the end of collective bargaining agreements. There should be a clear distinction according to the origin of the operative event. Extinction will be shouldered when it will be the direct result of the choice made by the contracting parties to put an end to collective bargaining agreement. This choice will require the use of specific mechanisms such as denunciation or fixed term collective bargaining agreement. In contrast, extinction can be induced. Extinction should be binding on the parties because of a determinate event occurrence. In such cases different mechanisms have to be used such as caducity or « mise en cause ». These several situations show their relevance and interest. Therefore, beyond their definition a comprehensive scheme for each extinction mechanism will be suggested in this study
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Chan, Yin-chiu. "The absence of collective bargaining legislation in Hong Kong : an examination of its impact on public sector employees /." Hong Kong : University of Hong Kong, 1999. http://sunzi.lib.hku.hk/hkuto/record.jsp?B21038193.
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Thom, Leslie McCasey Lynn Mary Ann. "Attitudes of baccalaureate registered nurses toward collective bargaining." Normal, Ill. Illinois State University, 1986. http://wwwlib.umi.com/cr/ilstu/fullcit?p8626595.
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Thesis (Ed. D.)--Illinois State University, 1986.Title from title page screen, viewed July 19, 2005. Dissertation Committee: Mary Ann Lynn (chair), Lois M. Frels, Ronald Halinski, John McCarthy, Rodney Riegle. Includes bibliographical references (leaves 107-117) and abstract. Also available in print.
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Quinn, Colleen M. "Collective Bargaining And Faculty Unionization: An Administrative Perspective." FIU Digital Commons, 2011. http://digitalcommons.fiu.edu/etd/424.
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The purpose of this qualitative case study was to gain insight into the perspectives of experienced higher education administrators regarding faculty unionization, the collective bargaining process, and the interpersonal relationships between higher education faculty members and administrators.
The primary method of data collection was semi-structured face to face interviews with nine administrators from two community colleges and two universities in the south Florida area. All of the study participants worked with unionized faculty members and had direct experience participating in bargaining negotiations.
Upon the completion of each interview, the researcher listened to the taped audio recording of the interview several times and then transcribed all of the information from the audiotape into a Word file. Data collection and analysis for each participant were performed concurrently. Using a modified concept mapping approach, the research questions were written on large yellow sticky notes and placed in the middle of a wall in the researcher’s home with nine descriptive categorical themes written on smaller sticky notes placed around the study questions. The highlighted quotes and key phrases were cut from each transcript and placed under each of the descriptive categories. Over the course of a few months repeatedly reviewing the research questions that guided this study, the theory of symbolic interactionism, and relevant literature the categorical descriptive themes were refined and condensed into five descriptive themes.
Study findings indicated that the administrators: (a) must have a clear understanding of what it is that the faculty does to be an effective representative at the bargaining table, (b) experienced role ambiguity and role strain related to a lack of understanding as to their role at the bargaining table and a lack of organizational support, (c) were not offered any type of training in preparation for bargaining, (d) perceived a definite “us versus them” mentality between faculty and administration, and (e) saw faculty collective bargaining at public institutions of higher education in Florida as ineffectual.
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Elorza, Guerrero Fernando. "Law and collective bargaining on retirement in Spain." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116672.
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The process of legislative reform driven in Spain since 2010 within the framework of the economic crisis that is plaguing the country, has touched in a significant effect on the legal regime of the retirement. Institution which is not outside to the reform of the legal regime of collective bargaining, which, in parallel, has been practiced in these years. In this sense, the adoption of legislative measures in favor of the prolongation of the active life of the workers and the increase in retirement age, has coincided in time with the promotion of legal enterprise collective bargaining, by declaring its applicative preference. To analyze these issues is dedicated this article, in which, on the other hand, it highlights the lack of a credible legislative action in favor of the development of complementary social protection in the area of retirement.El proceso de reformas legislativas impulsadas en España desde 2010, en el marco de la crisis económica que asola al país, ha incidido de forma significativa sobre el régimen jurídico de la jubilación. A esta institución tampoco es ajena la reforma del régimen jurídico de la negociación colectiva que, paralelamente, se ha practicado en estos años. En este sentido, la adopción de medidas legislativas en favor de la prolongación de la vida activa de los trabajadores y el incremento de la edad de jubilación ha coincidido en el tiempo con la promoción legal de la negociación colectiva de empresa, mediante la declaración de su preferencia aplicativa. Al análisis de estas cuestiones se dedica el presente artículo, en el que, por otra parte, se destaca la falta de una acción legislativa creíble en favor del desarrollo de la protección social complementaria en materia de jubilación.
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Sánchez, Reyes Christian. "About economics and salaries content of collective bargaining." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116535.
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El caso analizado corresponde a una demanda de inconstitucionalidad presentada por 34 congresistas de la República contravarios artículos de la Ley de Servicio Civil, ley 30057. En el presente comentario se analiza la resolución emitida por tres miembros del Tribunal Constitucional que declara infundada la demanda de inconstitucionalidad respecto de la prohibición de negociar colectivamente materia económica y salarial en el Estado.
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Rogers, Richard Kent. "San Joaquin County teachers' perceptions of collective bargaining." Scholarly Commons, 1988. https://scholarlycommons.pacific.edu/uop_etds/3418.
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Purpose of the study. The purpose of this study was to determine the perceptions teachers in California's San Joaquin County have regarding collective bargaining. The problem. To determine to what extent teachers perceive that collective bargaining has had an affect upon wages, working conditions, communications, and morale. Furthermore, to determine to what extent teachers support statewide collective bargaining. In addition, to determine if teachers' perceptions of collective bargaining vary based on the number of years taught, gender, grade level taught, and current level of association involvement. Methodology. The research was descriptive in nature and employed a survey questionnaire which consisted of 34 items related to collective bargaining. The questionnaire was sent to a stratified random sample of 200 participants. 150 surveys were completed and returned. Frequency distributions and percentages of response were determined for all survey items. Chi-Square was used to determine if demographic factors affect responses. The level of significance was set at the.01 level. Findings. In analyzing the level of agreement and disagreement for each of the thiry-four items on the questionnaire the consensus of teachers agreed with eighteen (18) of the items. There was no consensus of opinion on five (5) items. Furthermore, teachers disagreed with five (5) of the items. Teachers were evenly divided between their agreement and disagreement on five (5) items. On one (1) item teachers were evenly split between disagreement and uncertainty. "Current Level of Association Involvement," was the only demographic factor which influenced a teacher's perception of collective bargaining. The demographic factors of "Gender," "Experience," and "Grade Level Taught" produced no significant variance in responses. Recommendations. (1) It is recommended that follow-up research be conducted to determine why teachers responded to certain items. Specifically, why do active association members believe that collective bargaining has improved instruction and working environment? (2) Additional research is recommended to compare the perceptions of teachers in different counties, states, and regions of the United States toward collective bargaining. (3) Additional research is recommended to compare the perceptions of teachers, administrators, and state level union officials toward collective bargaining. (4) Teacher associations should develop strategies to educate teachers, specifically, new teachers, about the benefits of association involvement and should seek ways to more actively involve their membership.
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Hall-Baker, Tre'Shawn. "Conflict, Knowledge, and Collective Bargaining in Public Education." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4631.
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Negative conflict in public school districts during collective bargaining impedes efforts towards creativity and student success. The purpose of this phenomenological study was to explore the experiences of conflict for participants in collective bargaining in California public school districts. Complexity theory and social construction theory were used as the conceptual framework for the research, and ideas related to conflict, social interactions, knowledge management, and collective bargaining were examined to gain an understanding as they related to the central phenomenon. The specific research questions pondered in this study related to how conflict was experienced in California public schools during collective bargaining, what the perception of conflict was when knowledge management tools were used, and what some of the outcomes from conflict were when knowledge management tools were used. Data were collected from 25 participants who met the specified criteria of having experienced collective bargaining in a California public school setting, having experienced conflict during collective bargaining as a part of the negotiating teams, and must have experienced the use of knowledge management tools when in conflict during collective bargaining. Findings showed that knowledge management tools were a benefit to positive perceptions of conflict and positive conflict outcomes during collective bargaining in California public schools. The findings effectuate positive social change because when in conflict, knowledge is an intermediary that fills a void where there is a gap in understanding and a lack of viable solutions between the parties.
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Kunimoto, Takashi. "Essays on bargaining, contracts, and implementation /." View online version; access limited to Brown University users, 2005. http://wwwlib.umi.com/dissertations/fullcit/3174630.
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Skipton, Susan Margaret. "Collective bargaining and pay equity : a study of pay equity bargaining in two Canadian provinces." Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/4190/.
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The aim of this study was to explore the interrelationship between collective bargaining and pay equity. A qualitative case study methodology was used. Eighty-six interviews were conducted with union and management pay equity negotiators, labour lawyers, Pay Equity Commission Review Officers, and other informants. A collection of documentary evidence supplemented these interviews. The empirical work focused on explaining issues of structure, style and power in pay equity bargaining and the complex intertwinings of the structural properties of gender and class were considered crucial to an explanation of these. The key structural dynamic in the negotiation of pay equity was found to be the degree and effectiveness of a labour-feminist politic combined with employer/state commitment, which are themselves interconnected and represent the transformative face of gender and class power relations. The thesis, in providing a theoretically informed discussion of detailed case study material, contributes towards the debate on the effectiveness of collective bargaining as a vehicle for implementing equal pay policy. It also informs the debate on labour-management cooperation in labour relations, especially in public sector collective bargaining. Because legislated pay equity is bargained within a new set of legal parameters, the study may also aid our understanding of the relationship between collective bargaining and the law. Finally, the thesis attempts to unravel the interwoven complexities of gender and class power relations in the collective bargaining process.
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Friedlander, Andrew. "The 2011 NFL Collective Bargaining Agreement: Intentions vs. Incentives." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2099.
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This thesis examines the impacts of four major negotiating elements in the 2011 NFL Collective Bargaining Agreement. This first entails considering the financial impacts of the Collective Bargaining Agreement through adjustments to the salary cap and changes in the rookie pay scale in conjunction with the increase of the veteran minimum salary. Veteran players sought to improve their earnings potential through the creation of the rookie pay scale and increases in the veteran minimum salary, but research has shown that these policies may not have actually accomplished the goal. Next, I inspect the changes in preseason training rules, which were intended to keep players safer and fresher during the offseason. This also may not have had the anticipated result, since the incidences of players with conditioning related injuries has increased since the implementation of the new rules. Finally, the impact of increased punitive powers for Commissioner Goodell on the NFL presents one of the most interesting debates for the upcoming negotiations. While players strongly dislike Goodell’s level of influence over league discipline, they must be willing to sacrifice something significant in the next round of negotiations to initiate change. After careful consideration, it is evident that the players were the worst off from the 2011 Collective Bargaining negotiations because they were unable to accurately anticipate the impacts of their new policies.
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McChesney, Allan. "Is collective bargaining protected by Canada's Charter of Rights?" Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5852.
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Salmon, Laura Roleen. "The viability of collective bargaining on a transnational level." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65511.
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In the study, the researcher conducted a qualitative systematic literature review and a document analysis of secondary data, to determine the viability of collective bargaining on a transnational level. This was achieved by conceptualising collective bargaining, the fundamental International Labour Organisation (ILO) conventions on freedom of association and collective bargaining, transnational labour relations, and transnational collective bargaining in the European Union (EU), in order to obtain an in-depth understanding of the new phenomenon that is transnational collective bargaining. Globalisation and powerful transnational corporations have caused employees and their representatives to lose power. This has led to transnational labour relations, a new form of labour law which is still in the developing stage. Collective bargaining is acknowledged as a basic human right, and has improved the working and living standards of employees. The ILO has been a significant actor in the promotion of collective bargaining on a national level. The EU is seen as the pioneer of transnational collective bargaining on company level, and established European Work Councils (EWCs) that have conducted transnational collective bargaining effectively. The researcher firstly discussed the parties, rules, and environmental context of the voluntary collective bargaining process. This was followed with the analysis of Conventions 87 and 98 of the ILO granting the right of freedom of association and collective bargaining. The study discusses the principles countries should implement in order to ensure that these rights are enforced, compliance with these rights, the ILO’s credibility and legal capacity. Thereafter, the terms transnational and transnationalism were defined. Furthermore, current transnational labour methods were described, such as the international framework agreements concluded by transnational union networks and transnational corporations. Global union federations, European trade union federations, non-governmental organisations, and EWCs were identified as the main transnational collective bargaining parties forming transnational networks. Transnational collective bargaining in the EU was investigated by identifying the EU strategies that have been put in place for the implementation of transnational collective bargaining, together with reasons why a voluntary collective bargaining framework has not been implemented in the EU. The researcher’s conclusion was that collective bargaining could be viable on a transnational level, but that it is hampered by various factors.Dissertation (MCom)--University of Pretoria, 2017.
Human Resource Management
MCom
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Briggs, Harry Allen. "The Illinois superintendent's role in the collective bargaining process /." Available to subscribers only, 2008. http://proquest.umi.com/pqdweb?did=1559855691&sid=9&Fmt=2&clientId=1509&RQT=309&VName=PQD.
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Thesis (Ph.D.)--Southern Illinois University Carbondale, 2008."Department of Education Administration and Higher Education." Includes bibliographical references (p. 156-166). Also available online.
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Au, Suk-mei May. "An analysis of the development of collective bargaining in Hong Kong." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22050528.
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Wentz, Aric D. "The potential for successful application of interest based bargaining in public sector labor negotiations." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 2004. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A. )--Kutztown University of Pennsylvania, 2004.Source: Masters Abstracts International, Volume: 45-06, page: 2964. Typescript. Abstract precedes thesis as 1 preliminary leaf ( iii ). Includes bibliographical references ( leaves 106-109 ).
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Ndumo, Mothepa E. "The duty to bargain and collective bargaining in South Africa, Lesotho and Canada : comparative perspectives." Master's thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/4517.
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Chan, Bing-tai. "Collective bargaining in the Hong Kong public service : a study of Post Office Staff Unions /." [Hong Kong : University of Hong Kong], 1990. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12816966.
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O'Brien, Fiona. "The role of employers' associations in collective bargaining : a study of the transformation of German employers' associations and their collective bargaining strategies 1995-1999." Thesis, London South Bank University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271808.
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Ngalo, Osmond Tolo. "Trust building strategies to enhance collective bargaining processes in organisations." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1312.
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The main research problem in this study was to identify what trust-building strategies can be utilised by organisations to enhance collective bargaining processes. To achieve this objective a theoretical Institutional Arrangements-Based Model of trust-building was conceptualised, developed and presented in Chapter 5. The presentation of this model was the culmination of the research design phases outlined below: -The first phase consisted of a literature survey undertaken to discover the nature and dynamics of the concept "trust". -The second phase consisted of surveying the literature attempting to understand the nature of the collective bargaining process, its elements and types and the environmental factors that tend to impinge on it. -The final phase of the literature survey focused on various trust-building strategies, theories and models that can be utilised by organisations to ii enhance collective bargaining processes. Trust is generally acknowledged as a necessary requirement for effective and successful workplace relationships. Because of this factor it is crucial that South African employer-employee relationships are improved in a conscious and sustainable way in order for our businesses to remain competitive in the face of global competition. With this reality in mind there is still much in the South African labour relations environment that fosters conflict. One of the primary factors that impinge on trust in employer-employee relations in South Africa is the previous government‘s divisive and racist apartheid policies. These policies have resulted in serious structural imbalances in the economy, the skewed distribution of wealth and the general scarcity of resources to address these attendant challenges. Finnemore and van Rensburg (2002, p. 36) surveys the current labour relations scenario and comments about the extent to which it has been severely affected by apartheid. Some of its appalling outcomes are: racial divisions between skilled and unskilled workers, apartheid wage gaps, poorly educated workers, dictatorial management styles and a lack of protection for the most vulnerable workers. As revealed in this research study there are still widely divergent views at the workplace regarding the nature and levels of trust that are prevalent. The overwhelming view, however, is that there is, generally, a lack of trust between managerial and employee collective bargaining teams. This lack of trust which is evident between employer and employee parties will tend to result in collective bargaining processes being embarked upon in a climate imbued with the negative spirit of distrust. The recommended Institutional Arrangements-Based Model of trust-building advocates for a process of trust-building prior to any collective bargaining initiatives. This process, as depicted in the elements of the recommended model, needs to begin with phases which will focus on frame-alignment and the identification of all sources of distrust between the parties. These prescribed sessions seek to culminate in a common understanding, between the contesting parties, of their real divergent issues and concerns as well as their existing commonalities. The next phases of the recommended model entail the parties, jointly, developing proposals and policies that in the short and long term will aim at the resolution of the identified sources of distrust and thereby reduce the psychological distance between them. The final phase of the model entails the implementation of joint problem–solving resolutions and the development of appropriate policies i.e. institutional arrangements, to deal with all conflict-prone areas of the business operations. Simultaneously, there needs to be continuous evaluation and monitoring of organisational trust and the "agreed to" trust-building strategies to ensure that distrust is reduced or eliminated in the long term, allowing the organisation and the individual employees to perform at their optimum in order to achieve their common goals.
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Schwartzrock, Karen D. "The impact of state labor relations policy on teacher collective bargaining /." view abstract or download file of text, 2003.
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Thesis (Ph. D.)--University of Oregon, 2003.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 213-225). Also available for download via the World Wide Web; free to University of Oregon users.
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Mfaxa, Mncedisi. "Dismissal for operational requirements in the context of collective bargaining." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/13923.
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The highly competitive environment in which companies functions prompts the need to review their operations which may include reconsideration of the manning levels, and or changing terms and conditions of employment in order to be able to survive and prosper economically. The difficulty arises when the employers have to respond to the challenges. By law the employers are legally prohibited from unilaterally effecting the changes to the terms and conditions of employment. Furthermore, changing terms and conditions of employment is dealt with through collective bargaining and as such, the dismissal is outlawed as a legitimate instrument to coerce the employees to concede to the proposals. So the employers have to obtain an agreement or consent with the affected employees. In terms of the 1956 LRA the employer could justifiably terminate the contract of employment within the context of collective bargaining. For the employer to avoid offending the lock out provisions in terms of the 1956 LRA, the lock-out dismissal had to be effected in order to achieve a specific purpose, and it had to be conditional. Unlike its predecessor, the 1995 Labour Relations Act introduced section 187(1)(c) which renders the so-called lock-out dismissal by an employer, within the context of collective bargaining, automatically unfair. Section 187(1)(c) categorises a dismissal as automatically unfair, if the reason is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. The employers are however permitted in terms of the 1995 LRA, to dismiss the employees based on operational grounds, as long as the requisite process has been adhered to. The employers need to restructure their operations in order to ensure that terms and conditions of employment are responsive to operational needs. Where the employees’ terms and conditions of employment are not in line with the company operational requirements, the need to terminate the employment contracts of the employees may arise. The employers are within their right to terminate the service of the employees who refuse to accept changes to their conditions of service based on the employers’ operational requirements. The court in Schoeman v Samsung Electronics confirmed that employer’s right to run its business in a successful manner, which includes affecting changes to the existing terms and conditions of employment to be aligned with the market demand. The dismissal is outlawed as a mechanism to coerce the employees to acceptance the employer’s demand relating to matters of mutual interest. At the same time, the employers are within their rights terminate the service of the employees who refuse to accept changes to their conditions of service based on the employers operational requirements. There is a clear tension between sections 187(1) (c), 188(1) (ii) and 189 of LRA. When the employers seek to review the terms and conditions of employment, the tension between these sections becomes more common, as it involves the matters of mutual interest which are dealt with through the collective bargaining arena and the dispute of right through arbitration. In Fry’s Metals v Numsa the court rejected the notion that there is tension between section 187(1) (c) and section 188(1) (a) (ii) of the LRA. Instead the court was of the view that, there is a historical context to section 187(1) (c) which is the now repealed 1956 Labour Relations Act. The 1956 LRA included in its definition of a lock-out the termination by the employer. Secondly, the court interpreted section 187(1)(C) to only give protection to employees who are dismissed in order to compel them to accept a demand on a matter of mutual interest, and only where the dismissal was of a temporary nature. The court interpretation in Fry’s metals implied that, section 187(1)(c) will only come to the defence of employees if they are dismissed for the purpose compelling them to accept a demand on a matter of mutual interest, and if the dismissal was of a temporary nature. Where a permanent dismissal is effected because employees would not accept its demands, section 187(1) (c) could not come to the employees’ protection. Considering that the lock out provided for in terms of the 1995 LRA is not a preferred option by most of the employers, they will rather resort to use the loophole created by the narrow interpretation of section 187(1)(c) to circumvent having to secure consensus from the affected employees and rather dismissed them based on operational requirements. This study seeks to deal with the questions relating to the relationship between collective bargaining related dismissals in particular the automatically unfair dismissal in terms of section 187(1) (c) and business restructuring related dismissal. As such the relationship between sections 187(1) (c) and dismissals based on operational requirements will be central to this study.
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Gweshe, Rufaro. "Collective bargaining in a globalised era : a change in approach." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12658.
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Includes bibliographical references.The government in the new democratic South Africa prioritised resolving the problems plaguing the industrial relations system. It did this by enacting a new labour relations Act. This Act repealed the 1956 LRA and enacted the Labour Relations Act of 1995 which established a collective bargaining system combining new elements with elements from the previous legislative dispensation. The new system retained the voluntary duty to bargain. It balanced this by entrenching a protected right to resort to industrial action as well as by creating organisational rights available to unions with ‘sufficient’ and/or majority representivity. The former enabled unions to compel the employer to bargain, whilst the latter assisted unions in bargaining. The Act also promoted centralised bargaining. It did this by retaining, but renaming industrial councils, bargaining councils and by ensuring that bargaining council agreements could be extended where parties to the agreement covered the majority of workers in a sector. Therefore, the effectiveness of trade unions depended, to a substantial extent, ‘on their representativeness and their cohesiveness’. The collective bargaining mechanism established by the 1995 LRA thus became the primary ‘mechanism for setting wages and other terms of employment…a way of managing complex organisations…a form of joint industrial government, and generally…a means of regulating labour-management relations’.
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Shiimbi, Toivo Ndinelago. "Trends in collective bargaining In post-independence Namibian . Public sector." University of the Western Cape, 1997. http://hdl.handle.net/11394/7761.
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Magister Administrationis - MAdminThe emergence of collective bargaining in the public sector is viewed as a product of economic, political, technological and social dynamics regulating the economic relationship between the government as employer and public sector employees. Although public sector employees have been denied the right to organize themselves and to bargain collectively with their respective governments, especially in many African countries, the profound changes during the recent years has dramatically changed labour relations in the public sector. In many African countries, particularly English speaking countries, the process of collective bargaining between the government and public sector employees has gained prominence as the struggle to reconcile the broad interest of the government and its employees has been waged in order to deal effectively with public employment issues. Namibia is one of the many English speaking African countries which is making tremendous efforts to harmonize the employment relationship between the government and the public servants. But these efforts are being hampered by the structural handicaps emanating from the historical legacy of apartheid and its adjunt- authoritarianism (which has found firm roots in the country even after five years of independence).
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Wilson, Marie Elaine. "Collective bargaining in higher education: A model of statutory constraint." Diss., The University of Arizona, 1990. http://hdl.handle.net/10150/185108.
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This dissertation explores the impact of the state public sector legal environment as a determinant of the governance content of faculty collective bargaining agreements. Using content analysis, the legal environment and contractual content are reduced to quantities that may be explored through the lens of population ecology. Legal environment is determined to have a significant impact on the development of contractual content and individual factors of governance and statutory form are identified. Specifically, the statutory scope language and reservation of management rights are seen as the primary environmental forces determining policy and rule issues in contractual content. Further, the relevant temporal element for an ecological model appears to be the tenure of public sector bargaining in each state. National affiliation, institutional type and other temporal variables do not have a significant impact on governance language. Implications and directions for further research are discussed.
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Massa-Wirth, Heiko. "Zugeständnisse für Arbeitsplätze? : konzessionäre Beschäftigungsvereinbarungen im Vergleich Deutschland - USA /." Berlin : Ed. Sigma, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/522188702.pdf.
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Carneiro, Francisco Galrao. "Labour market institutions, insider power and informal employment in Brazilian wage determination : 1980-1993." Thesis, University of Kent, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308838.
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Johnston, Robert L. "Collective action and changes in wage labor." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54452.
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This study attempted to address the relative merits of the Weberian and Structural Marxist perspectives for explaining changes in the distribution of wage labor. The findings of the study suggested that many of the common assumptions held by Weberians and Structural Marxists concerning the effects of technological growth, increasing bureaucratization of production, increasing concentration of capital, and growth in the ranks of white-collar workers are not supported with data on manufacturing industries in the post-war era. Moreover, this study introduced collective action as an important determinant for explaining changes in the labor process and in the distribution of wage labor. The findings indicate that workers collective action enhances our understanding of labor process development and changes in wage labor. And, the findings suggest that the struggle between workers and capitalists is vital to understanding the process of capitalist development since World War II, contrary to the popularly held beliefs of many post-industrial theorists.Ph. D.
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Rycx, François. "Collective bargaining, labour market performance, wage structures and poverty: an international perspective." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211604.
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Pintea, Ioana. "L'accord collectif de travail et l'emploi." Thesis, Montpellier, 2020. http://www.theses.fr/2020MONTD006.
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Depuis plus d’une trentaine d’années, la conception française de l’accord collectif qui améliore la loi en créant des avantages supplémentaires pour les salariés, n’a cessé d’être bouleversée. Alors que ce bouleversement a débuté par l’avènement d’accords de type « dérogatoires » et « supplétifs à la loi » portant sur le temps de travail, c’est désormais l’emploi qui transforme profondément le rôle de l’accord collectif. Fonction sociale et fonction organisationnelle se complètent désormais, faisant émerger des innovations conventionnelles liées à l’emploi : accord de GPEC, accord de maintien de l’emploi, accord sur le plan de sauvegarde de l’emploi, accord de mobilité interne, accord de performance collective, accord portant rupture conventionnelle collective… C’est désormais acquis : l’emploi est devenu un thème important de la négociation collective française. Il s’agit d’une évolution notable du droit du travail qui conforte la contractualisation de ce dernier, met en exergue le renforcement de l’accord collectif de travail et nécessite une plus grande maturité des partenaires sociaux. C’est à partir d’un tel constat que nous nous proposons d’étudier les liens renforcés qui unissent l’accord collectif de travail à l’emploi en examinant des questions récurrentes telles que les fonctions assignées à l’accord collectif qui porte sur l’emploi ; l’organisation conventionnelle de l’emploi dans le système de production normative ou encore le rôle des acteurs de la négociation collective. Le sujet nous invite à mettre en lumière la dynamique d’une mobilisation de l’accord collectif de travail au service de l’emploiFor more than thirty years, the French concept of the collective agreement, which improves the law by creating additional benefits for employees, has been in constant upheaval. While this upheaval began with the advent of agreements of the "derogatory" and "supplementary to the law" type relating to working time, it is now employment that is profoundly transforming the role of the collective agreement. The social and organizational functions now complement each other, giving rise to employment-related conventional innovations: the GPEC agreement, job maintenance agreement, agreement on the job protection plan, internal mobility agreement, collective performance agreement, agreement on the termination of the collective bargaining agreement, etc. It is now a given: employment has become an important theme in French collective bargaining. This is a significant development in labour law which reinforces the contractualisation of labour law, highlights the strengthening of the collective labour agreement and requires greater maturity on the part of the social partners. It is on the basis of this observation that we propose to study the strengthened links between the collective labour agreement and employment by examining recurrent questions such as the functions assigned to the collective agreement on employment; the conventional organization of employment in the normative production system or the role of the actors of collective bargaining. The subject invites us to shed light on the dynamics of mobilizing the collective labour agreement in the service of employment
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.
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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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Grover, John Hanley. "Winnipeg meat packing workers' path to union recognition and collective bargaining." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq23324.pdf.
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Archibald, Thomas L. "Dispute resolution in hospital collective bargaining, the Ontario and Quebec approaches." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ28172.pdf.
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Foss, Pal. "Problems of centralized collective wage bargaining and incomes policies in Norway." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333994.
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Au, Suk-mei May, and 區淑美. "An analysis of the development of collective bargaining in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31966081.
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