Статті в журналах: "Trade union representation"

1

Hagen, Inger Marie, and Ragnhild Steen Jensen. "Trade union representatives from ethnic minorities. Representation revisited." Transfer: European Review of Labour and Research 25, no. 4 (October 22, 2018): 437–50. http://dx.doi.org/10.1177/1024258918800214.

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The Nordic countries have experienced major labour immigration since the EU enlargement round in 2004. Recruiting workers from ethnic minorities is a major challenge for all Nordic trade unions. Less attention has been directed towards the need also to integrate these members inside the unions, for example, by having them serve as trade union representatives at different levels in companies, as well as in the unions. A glance at the top positions in the Swedish, Danish and Norwegian trade unions reveals an almost all-white picture. There is considerable imbalance between the number of ethnic minority trade union members and the number of ethnic minority representatives. This article argues that looking into the concept of representation, and especially the features attributed to trade union representatives and how these features are perceived, enables us to investigate the mismatch between trade union density and trade union representatives among employees from different ethnic minorities.

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2

Pavlovskaya, O. Yu. "Digital Unions. Right to Association and Representation: New Challenges." Voprosy trudovogo prava (Labor law issues), no. 01 (January 22, 2022): 56–61. http://dx.doi.org/10.33920/pol-2-2201-07.

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The article is devoted to the issue of ensuring the right to representation and the right to unite employees by creating digital trade unions. The analysis of the practice of the Trade Union of Public Education and Science Workers of the Russian Federation on the transition to a single electronic database (platform) leads the author to the conclusion that the digital trade union in modern conditions is an effective means of implementing the statutory functions and protecting the social and labor rights of trade union members. The article also reflects the problems of creating digital trade unions at enterprises using non-standard forms of employment: the majority of non-standard employees are not members of a trade union, which deprives them of the opportunity for appropriate protection from trade union organizations. And with the growth of non-standard forms of employment, there is a reduction in solidary participants in labor relations, and a reduction in subsidiary ones. In addition, there is a tendency to reduce the total number of trade union organizations, as clearly evidenced by trade union statistics.

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3

Meer, Marc Van Der, Roos Van Os Van Den Abeelen, and Jelle Visser. "The focus of the new trade union. Opinions of members and non-members regarding social differences and trade union priorities in the Netherlands." Transfer: European Review of Labour and Research 15, no. 3-4 (August 2009): 439–60. http://dx.doi.org/10.1177/10242589090150031401.

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Trade union legitimacy at national level is increasingly coming under pressure due to the new social challenges arising from the shifting of decision making from national to both international and decentralised levels. In this article we discuss representative opinion research on the social differences perceived by Dutch citizens and the priorities on which trade unions should focus. This allows us to relate the emerging criticisms of the unbalanced composition of Dutch trade union membership to issues of ‘positive’ coordination and policy-making legitimacy in light of internal trade union democracy and the representation of younger labour market cohorts.

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Cabeza Pereiro, Jaime. "Representation, Trade Union Activity And Technologies." Oñati Socio-legal Series 9, no. 1 (April 1, 2019): 96–108. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1014.

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Labour relations have been hit deeply by information and communication technologies (ICT). A wide bibliography has described this impact on all the working conditions and in all the circumstances that surround subordinate work. However, less attention has been devoted to the realm of trade union activity, representation, participation and involvement rights, collective bargaining and industrial action. All that huge field has to be re-thought from the point of view of the technological footprint as well. It is a discussion about strategies and adaptation to the current ways of information and communication. Consequently, a problem of adaptation of labour relations players to those channels. This paper tries to answer briefly to some of those questions taking the Spanish system as an example when necessary. Spanish legislation and case-law are described and criticized as long it is necessary for the overall discussion but taking into consideration the globalized literature on this subject. Las relaciones laborales han sido fuertemente afectadas por las TIC. Una amplia bibliografía ha descrito este impacto en todas las condiciones de trabajo y en todas las circunstancias que rodean el trabajo subordinado. Sin embargo, se ha prestado menos atención al ámbito de la actividad sindical, de los derechos de representación, participación e implicación, negociación colectiva y conflicto. Todo este vasto campo también debe ser reinterpretado desde el punto de vista de la huella tecnológica. Es, antes que nada, un debate sobre estrategias y sobre adaptación de los canales actuales de información y comunicación y, en consecuencia, un problema de adaptación de los actores de las relaciones laborales a esos cauces. Este artículo pretende responder brevemente a algunas de esas cuestiones, tomando como ejemplo el sistema español. Se describen y critican la legislación y la jurisprudencia españolas, pero se toma en consideración la literatura global sobre el tema.

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5

Klikauer, Thomas. "Trade union shopfloor representation in Germany." Industrial Relations Journal 35, no. 1 (January 2004): 2–18. http://dx.doi.org/10.1111/j.1468-2338.2004.00297.x.

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6

Pernicka, Susanne. "Trade union representation of contingent workers in further education in the UK and Austria." Transfer: European Review of Labour and Research 15, no. 3-4 (August 2009): 461–80. http://dx.doi.org/10.1177/10242589090150031501.

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The subject of this article is trade union strategies for contingent workers. On the assumption that trade unions’ strategic responses vary in accordance with their national institutional contexts, we compare Austria and the UK in the area of further education. In both countries, we found various trade union strategies for dealing with the growing heterogeneity of members and potential members of trade unions in further education. From a cross-country perspective, however, we found some evidence that the spread of contingent work might lead to a convergence of union strategies and a reduction of the influence on their behaviour of national institutions.

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7

Melnychuk, N. "PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION." Social Law, no. 2 (April 27, 2019): 63–68. http://dx.doi.org/10.37440/soclaw.2019.02.09.

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The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.

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8

Kornelakis, Andreas, and Horen Voskeritsian. "Getting together or breaking apart? Trade union strategies, restructuring and contingent workers in Southern Europe." Economic and Industrial Democracy 39, no. 2 (February 29, 2016): 357–75. http://dx.doi.org/10.1177/0143831x15627500.

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The article considers the strategies of trade unions towards the representation of call centre workers. Using a comparative case study, it examines the divergent union responses to the growth of contingent labour by looking at the telecommunications industries in Italy and Greece. Although the trade unions in Italy pursued inclusive strategies embracing the call centre workers and negotiating the restructuring of the whole sector, the unions in Greece followed a policy of exclusion leaving call centre workers outside representation and negotiating their internal restructuring. The article argues that the different union identities, and the diverse power resources and internal organizational politics help explain the variation in the trade unions’ strategic responses.

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9

Walters, David. "Trade Unions and the Effectiveness of Worker Representation in Health and Safety in Britain." International Journal of Health Services 26, no. 4 (October 1996): 625–41. http://dx.doi.org/10.2190/7hna-uc0t-lu1b-r9p1.

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A feature of British legislation on employee representation in health and safety is its restriction to recognized trade unions. This has made British provisions unique within the European Union. New legislative provisions are under consultation and are likely to widen the existing Safety Representatives and Safety Committees Regulations. The approach of the proposed regulations raises a number of questions about the determinants of effectiveness of worker representation in health and safety that are discussed in this article. The significance of trade union support for representation in health and safety is shown to play an important role in determining the effectiveness of health and safety representatives, both through the role of trade unions within the workplace and through their ability to provide support for representation through training and information. Trends in national economies and employment patterns in Europe mean that trade unions' influence is diminishing, but their supportive role in health and safety representation has not been replaced by any alternative form of employee organization. The proposed new British Regulations are discussed in the light of these observations.

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10

Ngulumbu, Benjamin Musembi, and Fanice Waswa. "Abdul, G., A., & Sehar, S. (2015). Conflict management and organizational performance: A case study of Askari Bank Ltd. Research Journal of Finance and Accounting. 6(11), 201. Adhiambo, R., & Simatwa, M. (2011). Assessment of conflict management and resolution in public secondary schools in Kenya: A case study of Nyakach District. International Research Journal 2(4), 1074-1088. Adomi, E., & Anie, S. (2015). Conflict management in Nigerian University Libraries. Journal of Library Management, 27(8), 520-530. https://doi.org/10.1108/01435120610686098 Amadi, E., C., & Urho, P. (2016). Strike actions and its effect on educational management in universities in River State. Kuwait Chapter of Arabian Journal of Business and Management Review, 5(6), 41-46. https://doi.org/10.12816/0019033 Amah, E., & Ahiauzu, A. (2013). Employee involvement and organizational effectiveness. Journal of Management Development, 32(7), 661-674. https://doi.org/10.1108/JMD-09-2010-0064 Amegee, P. K. (2010). The causes and impact of labour unrest on some selected organizations in Accra. University of Ghana Awan, A., G., & Anjum K. (2015). Cost of High Employees turnover Rate in Oil industry of Pakistan, Information and Knowledge Management, 5 (2), 92- 102. Bernards, N. (2017). The International Labour Organization and African trade unions: tripartite fantasies and enduring struggles. Review of African Political Economy, 44(153), 399-414. https://doi.org/10.1080/03056244.2017.1318359 Blomgren Amsler, L., Avtgis, A. B., & Jackman, M. S. (2017). Dispute System Design and Bias in Dispute Resolution. SMUL Rev., 70, 913. Boheim, R., & Booth, A. (2004). Trade union presence and employer provided training in Great Britain industrial relations 43: pp 520-545. https://doi.org/10.1111/j.0019-8676.2004.00348.x Bryson, A., & Freeman, R. B. (2013). Employee perceptions of working conditions and the desire for worker representation in Britain and the US. Journal of Labor Res 34(1), 1–29. https://doi.org/10.1007/s12122-012-9152-y Buccella, D., & Fanti, L. (2020). Do labour union recognition and bargaining deter entry in a network industry? A sequential game model. Utilities Policy, 64, 101025. https://doi.org/10.1016/j.jup.2020.101025 Constitution, K. (2010). Government printer. Kenya: Nairobi. Cortés, P. (Ed.). (2016). The new regulatory framework for consumer dispute resolution. Oxford University Press. https://doi.org/10.1093/acprof:oso/9780198766353.001.0001 Creighton, B., Denvir, C., & McCrystal, S. (2017). Defining industrial action. Federal Law Review, 45(3), 383-414. Daud, Z., & Bakar, M. S. (2017). Improving employees' welfare. European Journal of Industrial Relations, 25(2), 147-162. Deery, S., J., Iverson, R., D., & Walsh, J. (2010). Coping strategies in call centers: Work Intensity and the Role of Co-workers and Supervisors. International Journal of employment relations, 48(1), 189-200. https://doi.org/10.1111/j.1467-8543.2009.00755.x Durrani, S. (2018). Trade Unions in Kenya's War of Independence (No. 2). Vita Books. https://doi.org/10.2307/j.ctvh8r4j2 Dwomoh, G., Owusu, E., E., & Addo, M. (2013). Impact of occupational health and safety policies on employees’ performance in the Ghana’s timber industry: Evidence from Lumber and Logs Limited. International Journal of Education and Research, 1 (12), 1-14. Edinyang, S., & Ubi, I. E. (2013). Studies secondary school students in Uyo Local government area of AkwaIbom State, Nigeria. Global Journal of Human Resource Management, 1(2), 1-8. Ewing, K., & Hendy, J. (2017). New perspectives on collective labour law: Trade union recognition and collective bargaining. Industrial Law Journal, 46(1), 23-51. https://doi.org/10.1093/indlaw/dwx001 Fitzgerald, I., Beadle, R., & Rowan, K. (2020). Trade Unions and the 2016 UK European Union Referendum. Economic and Industrial Democracy. https://doi.org/10.1177/0143831X19899483 Gall, G., & Fiorito, J. (2016). Union effectiveness: In search of the Holy Grail. Economic and Industrial Democracy, 37(1) 189211. https://doi.org/10.1177/0143831X14537358 Gathoronjo, S. N. (2018). The Ministry of labour on the causes of labour disputes in the public sector. University of Nairobi. Iravo, M. A. (2011). Effect of conflict management in performance of public secondary schools in Machakos County, Kenya. Kenyatta University. Jepkorir, B. M. (2014). The effect of trade unions on organizational productivity in the cement manufacturing industry in Nairobi. University of Nairobi. Kaaria, J. K. (2019). Trade Liberalization and Export Survival In Kenya. University of Nairobi. Kaburu, Z. (2010). The relationship between terms and conditions of service and motivation of domestic workers in Nairobi. University of Nairobi. Kambilinya, I. (2014). Assessment of performance of trade unions. Master’s Thesis Submitted to University of Malawi. Kamrul, H., Ashraful, I., & Arifuzzaman, M. (2015). A Study on the major causes of labour unrest and its effect on the RMG sector of Bangladesh. International Journal of Scientific & Engineering Research, 6 (11). Kazimoto, P. (2013). Analysis of conflict management and leadership for organizational change. International Journal of Research in Social Sciences, 3(1), 16-25. Khanka, I. (2015). Industrial relations in Tanzania. University of Dar-es-salaam. Kisaka, C. L. (2010). Challenges facing trade unions in Kenya. Master’s Thesis Submitted to University of Nairobi. Kituku, M. N. (2015). Influence of conflict resolution strategies on project implementation. A Case of Titanium Base Limited Kwale County Kenya. University of Nairobi. Kmietowicz, Z. (2016). Ballot on industrial action by GPs averted as government accepts BMA’s demands. https://doi.org/10.1136/bmj.i4619 KNHCR (2020). Key Business and Human Rights Concerns in Kenya. Retrieved from http://nap.knchr.org/NAP-Scope/Key-Business-and-Human-Rights-Concerns-in-Kenya. Magone, J. (2018). Iberian trade unionism: Democratization under the impact of the European Union. Routledge. https://doi.org/10.4324/9781351325684 Menkel-Meadow, C. J., Porter-Love, L., Kupfer-Schneider, A., & Moffitt, M. (2018). Dispute resolution: Beyond the adversarial model. Aspen Publishers. Mlungisi, E. T. (2016). The liability of trade unions for conduct of their members during industrial action. MoLSP (2020). Ministry of Labor and Social Protection, Registrar of Trade Unions. Retrieved from https://labour.go.ke/department-of-trade-unions/ Msila, X. (2018). Trade union density and its implications for collective bargaining in South Africa. University of Pretoria. Mulima, K. J. (2017). Trade Union Practices on Improvement of Teachers Welfare. University of Nairobi). Năstase, A., & Muurmans, C. (2020). Regulating lobbying practices in the European Union: A voluntary club perspective. Regulation & Governance, 14(2), 238-255. https://doi.org/10.1111/rego.12200 Otenyo, E. E. (2017). Trade unions and the age of information and communication technologies in Kenya. Lexington Books. Powell, J. (2018). Towards a Marxist theory of financialised capitalism. https://doi.org/10.1093/oxfordhb/9780190695545.013.37 Razaka, S. S., & Mahmodb, N. A. K. N. (2017). Trade Union Recognition in Malaysia: Transforming State Government’s Ideology. Proceeding of ICARBSS 2017 Langkawi, Malaysia, 2017(29th), 175." Journal of Strategic Management 6, no. 1 (January 22, 2022): 43–58. http://dx.doi.org/10.53819/81018102t2041.

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The Constitution of Kenya specifically recognizes the freedom of association to form and belong to trade unions. However, despite the adoption of the Labour Relations Act, union practice is still hampered by excessive restrictions. The EPZ companies are labor intensive requiring a large amount of labor to produce its goods or service and thus, the welfare of the employees play a key role in their functions. This study sought to determine the effect of trade union practices on employees’ welfare at export processing zones industries in Athi River, Kenya. The specific objectives sought to determine the effect of collective bargaining agreements, industrial action, dispute resolution and trade union representation on employees’ welfare at export processing zones industries in Athi River, Kenya. The study employed a descriptive research design. Primary data was collected by means of a structured questionnaire. The target population of the study was employees in EPZ companies in Athi River, Kenya with large employees enrolled in active trade unions. The unit of observation was the employees in the trade unions. The findings indicated that collective bargaining agreements had a positive and significant coefficient with employees’ welfare at the EPZ industries. Industrial action had a positive but non-significant effect with employees’ welfare at Export Processing Zones industries. Dispute resolution had a positive and significant coefficient with employees’ welfare at the EPZ industries. Trade union representation had a positive and significant coefficient with employees’ welfare at the EPZ industries. The study recommended that trade union should avoid the path of confrontation but continue dialogue through the collective bargaining process and demands should be realistic in nature with what is obtainable in the related industry. An existence of a formal two way communication between management and trade unions will ensure that right message is properly understood and on time too. Keywords: Collective Bargaining Agreements, Industrial Action, Dispute Resolution, Trade Union Representation, Employees Welfare & Export Processing Zones

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11

Webster, Edward, and Christine Bishoff. "New Actors in Employment Relations in the Periphery: Closing the Representation Gap amongst Micro and Small Enterprises." Articles 66, no. 1 (June 28, 2011): 11–33. http://dx.doi.org/10.7202/1005075ar.

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This paper aims to contribute to our understanding of how the representation gap in micro and small enterprises (MSEs) in nine countries can be closed through a mapping exercise (both horizontal and vertical). The study draws on peripheral workers in MSEs predominantly from countries on the periphery of the global economy. The assumption underlying the research is that the failure of traditional industrial relations actors, especially trade unions, to respond to the representation gap has created the space and the need for new actors to fill the gap. We identify a number of dimensions in trade union responses to non-standard employment relations and focus on their awareness of the specific nature of non-standard workers’ interests and their willingness to innovate with representation models.The paper identifies four main responses by trade unions to non-standard employees. The first response is where trade unions are indifferent to workers in MSEs as they are seen as marginal and unorganizable. Secondly, there are trade unions that are very much aware of the need to revise and revitalize their representation strategies, but they respond by attempting to extend existing forms of representation. Thirdly there are those who believe that non-standard employment should be resisted. The fourth, and most interesting response, is where unions create specific kinds of representation and protection for the new forms of employment.While there were positive outcomes both individually and organizationally from this mapping exercise, as an organizational tool designed to recruit members into the union, mapping is limited. In five of the nine case studies peripheral workers were recruited into a union or worker association. The paper confirms the existence of new actors in employment relations in developing countries. In particular the emergence of NGOs and community based worker associations and co-operatives have been identified as crucial intermediaries in developing new forms of workplace organization.

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12

Gasparri, Stefano, Peter Ikeler, and Giovanna Fullin. "Trade union strategy in fashion retail in Italy and the USA: Converging divergence between institutions and mobilization?" European Journal of Industrial Relations 25, no. 4 (December 19, 2018): 345–61. http://dx.doi.org/10.1177/0959680118817681.

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We investigate trade union strategies in fashion retail, a sector with endemic low wages, precarity and a representation gap. Unions in Milan organized ‘zero-hours contract’ workers, while their counterparts in New York established an alternative channel of representation, the Retail Action Project. We argue, first, that the dynamics of both cases are counterintuitive, displaying institution-building in the USA and grassroots mobilization in Italy; second, union identity stands out as a key revitalizing factor, since only those unions with a broad working-class orientation could provide an effective representation for fashion retail workers.

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13

Thomas, Adrien, and Nadja Doerflinger. "Trade union strategies on climate change mitigation: Between opposition, hedging and support." European Journal of Industrial Relations 26, no. 4 (October 1, 2020): 383–99. http://dx.doi.org/10.1177/0959680120951700.

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This article aims to provide a better understanding of trade unions’ climate change strategies. Using a qualitative methodology based on an analysis of interviews and documents, the article sets out the three ideal-typical strategies of unions towards climate change mitigation policies: opposition, hedging and support. Our analysis finds that current trade union strategies on climate change are primarily rooted in sectoral interests mediated by union identities and conceptions of union democracy. At a theoretical level, the article contributes to broader debates on interest representation and collective bargaining behaviour by trade unions, in particular to the much-discussed tendency of organized groups to pursue private gains at the expense of common goods.

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Forth, John, and Alex Bryson. "State substitution for the trade union good: the case of paid holiday entitlements." Journal of Participation and Employee Ownership 2, no. 1 (June 20, 2019): 5–23. http://dx.doi.org/10.1108/jpeo-06-2018-0022.

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Purpose The literature on the union wage premium is among the most extensive in labour economics but unions’ effects on other aspects of the wage-effort bargain have received much less attention. The purpose of this paper is to contribute to the literature through a study of the union premium in paid holiday entitlements. Design/methodology/approach The authors examine the size of the union premium on paid holidays over time, with a particular focus on how the premium was affected by the introduction of a statutory right to paid holidays. The data come from nationally representative surveys of employees and workplaces. Findings The authors find that the union premium on paid holidays is substantially larger than the union premium on wages. However, the premium fell with the introduction of a statutory minimum entitlement to paid leave. Originality/value This is the first study to examine explicitly the interaction between union representation and the law in this setting. The findings indicate the difficulties that unions have faced in protecting the most vulnerable employees in the UK labour market. The authors argue that the supplanting of voluntary joint regulation with statutory regulation is symptomatic of a wider decrease in the regulatory role of unions in the UK.

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15

Pringle, Tim, and Quan Meng. "Taming Labor: Workers’ Struggles, Workplace Unionism, and Collective Bargaining on a Chinese Waterfront." ILR Review 71, no. 5 (April 12, 2018): 1053–77. http://dx.doi.org/10.1177/0019793918768791.

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This article examines the case of the Yantian International Container Terminal (YICT) to consider under what conditions unions can provide effective workplace representation in China. The authors draw on semi-structured interviews to analyze how and why the union was effective, despite rigid prohibitions against organizing outside of the Party-led All-China Federation of Trade Unions. The authors argue that the YICT union developed a system of annual collective bargaining that tamed the power of militant dockworkers and helped prevent strikes. This outcome required an effective enterprise-level trade union that was nevertheless able to influence and manage members’ somewhat ambiguous acceptance of its role. Ultimately, workers’ interests were partially represented and their acquisition of associational power—in the form of trade unions—increased.

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16

Heery, Edmund. "Worker Representation in a Multiform System: A Framework for Evaluation." Journal of Industrial Relations 52, no. 5 (November 2010): 543–59. http://dx.doi.org/10.1177/0022185610381565.

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The system of worker representation in many countries today is comprised of multiple institutions: trade unions, statutory works councils, employer-sponsored participation and civil society organizations that speak on behalf of particular groups in the workforce or on particular issues. The purpose of this article is to propose an evaluation framework that can be applied to all of the institutions of representation within this multiform system. Application of the framework, using secondary evidence from the United Kingdom, suggests that trade unions are the most effective institution of worker representation but that they can operate successfully in conjunction with other forms. A multiform system of worker representation can advance the interests of people at work, provided a revitalized trade union movement lies at its heart.

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Schlachter, Monika. "Trade union representation for new forms of employment." European Labour Law Journal 10, no. 3 (September 2019): 229–39. http://dx.doi.org/10.1177/2031952519870018.

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Defining the personal scope of application of the right to be represented by a trade union for collective bargaining purposes starts by defining the notion of employee/worker on whose behalf the conclusion of collective agreements is not disputed. In the German legal system, a sub-category of self-employed persons, known as ‘employee-like’ persons, is also included in the scope of the statute on collective agreements. For all other self-employed persons, however, no such statutory inclusion exists. They are, rather, prevented from collective price setting by (national und EU) competition law. Upon a closer look at the social purpose of exempting collective agreements from the restrictions of competition law, it is necessary to differentiate according to the existence of a structural power imbalance to the detriment of one contracting party much rather than according to the type of contract concluded. Some self-employed persons, specifically those categorised as workers under a new form of employment, do need collective bargaining as much as employees do, as they find themselves in a comparably weak individual bargaining position.

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18

Mina, Simona. "Social exclusion in Romania. The insufficiency of a correct social representation within Romanian unions." Annals Constanta Maritime University 27, no. 2018 (2018): 155–60. http://dx.doi.org/10.38130/cmu.2067.100/42/27.

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Trade union movement in Romania is mostly oriented on actions by reaction type, and the decrease of the impact of trade unionism would be generated by the fact that, for various reasons, these reactions are emptied of content, and are simple reflexes of mobilizing structures now deprived of their engine: the political action. My thesis is that already long enough, Romanian unionism preferred the participation in the construction of policies in areas of interest, against the old social reaction and trade union struggle. Unions should be transformed into some important social actors, who are establishing social rules regarding civil society. This should be an important way for eliminating the gap of power between employers and employees.

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Kasiliauskas, Nerijus. "Profesinių sąjungų ir darbo tarybų veiklos santykis Lietuvoje ir Europos Sąjungoje." Teisė 68 (January 1, 2008): 51–64. http://dx.doi.org/10.15388/teise.2008.0.341.

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Straipsnyje1 nagrinėjamas papildomų darbuotojų atstovų institucionalizavimas Europos Sąjungos valstybėse ir Lietuvoje. Straipsnio tikslas – nustatyti profesinių sąjungų ir darbo tarybų veiklos santykį. Norint įdiegti realiai veikiančią papildomą darbuotojų atstovavimo sistemą, nepakanka priimti vien darbo tarybų įstatymą. Todėl daugelio naujųjų Europos Sąjungos valstybių, ir Lietuvos, teisėkūra yra tik teorinio, o ne praktinio lygmens, ir darbuotojai, be profesinės sąjungos atstovavimo, retai naudojasi papildoma atstovavimo galimybe. In the article author analyses the institution of workers’ subsidiary representatives in Lithuania and the European Union. The purpose is to describe relations between trade unions and works councils. To establish an effective subsidiary system of workers’ representation an adoption of a Law on Works Councils is not enough. In many cases in new member states of European Union and Lithuania also an adoption of legal acts is of a theoretical level only, and not a practical one, as workers, beside a representation by a trade union, rarely use a subsidiary channel of representation.

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Fergus, Emma, and Shane Godfrey. "Effective Representation: Whereto for Workers on Fruit and Wine Farms in South Africa?" International Journal of Comparative Labour Law and Industrial Relations 37, Issue 1 (February 1, 2021): 1–34. http://dx.doi.org/10.54648/ijcl2021001.

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This article draws on empirical research that reveals the role played by farmworkers’ committees in the fruit and wine farming sectors in the Western Cape of South Africa, where trade union density is extremely low. It examines the legitimacy of these committees as a form of worker representation, with reference to relevant domestic labour legislation, common law, International Labour Organization (ILO) instruments and key private social codes, including the international Fairtrade Standard for Hired Labour. In the process, the relationship between the public and private governance instruments in the sector is considered. Farmworkers’ committees are found to fall through a regulatory gap between the different governance systems, highlighting their lack of integration and legal recognition. This is notwithstanding their potential to fill the representation gap which exists for many workers on farms. The article concludes by proposing a new approach to regulating these committees, primarily with a view to promoting more effective but still legitimate organizing and collective bargaining for all farmworkers, in the absence of representative trade unions. Freedom of Association, Collective Bargaining, Representation Gap, Low Union Density, Good Practice Farms, Western Cape Farmworkers, Fairtrade Standard for Hired Labour, South Africa

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Sierocka, Iwona. "The Issue of Representativeness in the Lights of the Amended Trade Unions Act." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 39–50. http://dx.doi.org/10.18778/0208-6069.95.04.

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The subject of the deliberations are issues regarding the representativeness and size of workplace trade union organisations after the changes introduced in the Trade Unions Act in 2018. According to the obligatory provisions, the “representativeness” of a trade union organisation is traditionally conditional on its size, but not only the employees, but also other categories of the employed are taken into account. It is, inter alia, about persons providing work under a contract of mandate or a specific work contract and sole proprietors. By expanding the full rights of coalition onto persons performing work on the basis other than employment relationship, the legislator increased the percentage limits decisive in the matter of representativeness. At present, the representative trade union organisation above the workplace level is also an organisation uniting at least 15% of all people performing gainful work under the articles of association, not fewer, however, than 10,000 persons performing gainful work. It works similarly at the workplace level. With reference to workplace trade union organisations which belong to organisations above the workplace level which meet the criteria for representativeness as specified in the Social Dialogue Council Act, at least 8% of the staff of the given employer is required. In the case of workplace trade union organisations which do not participate in such structures, the representativeness is conditional on uniting of at least 15% of persons performing gainful work for the given employer (7% and 10%, respectively, were required earlier). Determining the number of the staff, the employees and persons providing gainful work under other bases being employed for at least 6 months before the commencement of negotiations or arrangements must be included. A significant novelty is the necessity to select a joint representation of the representative organisations at the workplace level that belong to the same Trade Union Federation or National Trade Union Confederation in matters regarding collective rights and interests of the persons performing gainful work.

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Standing, Guy. "Arbeitsmärkte und Arbeitsbeziehungen in Osteuropa." PROKLA. Zeitschrift für kritische Sozialwissenschaft 29, no. 114 (March 1, 1999): 95–116. http://dx.doi.org/10.32387/prokla.v29i114.824.

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This article provides an overview of recent changes in the former Soviet Union and other countries of Central and Eastern Europe. State regulation has been reduced through relaxation of statutory prescriptions and through privatization. Trade unions often retain significant nominal representative status, but have little effective regulatory power, and employers’ representation is fragmented. Although most countries have introduced tripartite institutions, real decision making takes place at company level where management is in the driving seat.

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Nichols, Theo, David Walters, and Ali C. Tasiran. "Trade Unions, Institutional Mediation and Industrial Safety." Journal of Industrial Relations 49, no. 2 (April 2007): 211–25. http://dx.doi.org/10.1177/0022185607074919.

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Results of studies that examine the relation between trade union presence and injury rates are often indeterminate and trade unions are sometimes apparently associated with danger not safety. The British WIRS data set has provided a unique resource whereby researchers may examine the relation between trade unions and injury rates as mediated through particular arrangements for health and safety. Yet here, too, most investigations have failed to find a negative relation. It is in this context that this article returns to the original data. Utilizing improved statistical techniques, it concludes that cases where trade unions have an input into health and safety committees and where there are representatives are to be preferred to those where there is no such trade union input or no representatives. It argues that considerable strengthening of regulatory provision is required on employee representation and consultation if health and safety is to be improved.

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Kappo-Abidemi, Christiana O., Charles Allen-Ile, and Chux Gervase Iwu. "The underbelly of trade unionism in Africa: A comparative analysis of two national trade union federations." Corporate Ownership and Control 12, no. 2 (2015): 455–67. http://dx.doi.org/10.22495/cocv12i2c4p5.

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Since the evolution of organised labour, workers the world-over have depended upon and trusted their trade union federations to defend and advance their social, political and economic interests. These and other worker-related issues have been the focus of successful trade unionism before the emergence of globalization, privatization, outsourcing, contracting and labour-related phenomena associated with diminishing power of organised labour. These factors have been used as indices to determine the growth and effectiveness of trade union federations globally. This article, however, examines ways by which selected trade union federations in Africa have been able to tackle factors militating against their effectiveness. The article draws on perspectives from two biggest federations in Africa- Congress of South Africa Trade Unions (COSATU) and the Nigeria Labour Congress (NLC). These two countries are often referred to as ‘African powerhouses’. COSATU is by far, the largest of the three union federations in South Africa. The NLC on the other hand, is the only recognized trade union federation in Nigeria. The aim of this paper is to shed ‘new’ light on the performance of trade union federations in Africa by comparatively analysing how they are perceived by their general membership in relation to their effectiveness in securing or promoting governance and the resultant effect on their members and non-members alike are examined and compared with respect to their effectiveness in both countries. The paper is based on research that utilised quantitative and primary data collected through survey questionnaires administered to members of selected trade unions that are affiliated to these two trade union federations. Results emerging from empirical analyses indicate that COSATU and NLC activities go far beyond traditional workers representation

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Pisarczyk, Łukasz. "TRADE UNION REPRESENTATION OF EMPLOYEE INTERESTS AT THE WORKPLACE LEVEL." Roczniki Administracji i Prawa specjalny II, no. XXI (December 30, 2021): 445–56. http://dx.doi.org/10.5604/01.3001.0015.6444.

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The article discusses trade union representation of employee interests at the workplace level. The author analyzes the structure of the company trade union organization, the facilitations in its functioning and the most important rights, including the right to collective bargaining. The analysis is the basis for assessing the current regulation and formulating conclusions for the future.

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Salamon, Errol. "(De)valuing Intern Labour: Journalism Internship Pay Rates and Collective Representation in Canada." tripleC: Communication, Capitalism & Critique. Open Access Journal for a Global Sustainable Information Society 13, no. 2 (September 30, 2015): 438–58. http://dx.doi.org/10.31269/triplec.v13i2.573.

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Unpaid journalism internships have attracted increasing media coverage, but they have received limited scholarly attention. This paper traces the connections between trade unions (in unionized media organizations) and the labour conditions marking journalism internships. While some unions can be complicit in sustaining the exploitation and devaluation of interns with regard to the standard market value of entry-level labour, other unions have fought to establish internships, locking higher salaries into collective agreements. Building on the concept of precarity, this article surveys internships at 19 mainstream English-language newspapers and magazines in Canada. It draws on documentary evidence from and personal communication with labour unions and journalism organizations, internship advertisements, and media coverage to offer a typology of the relationships between pay rates and collective representation within journalism internships: unpaid/low paid and not under union jurisdiction; unpaid/low paid and under union jurisdiction; paid at intern rates and not under union jurisdiction; paid at intern rates and under union jurisdiction; and paid at entry-level employee rates and under union jurisdiction.

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Heinrich, Steffen, Karen Shire, and Hannelore Mottweiler. "Fighting (for) the margins: Trade union responses to the emergence of cross-border temporary agency work in the European Union." Journal of Industrial Relations 62, no. 2 (March 18, 2020): 210–34. http://dx.doi.org/10.1177/0022185619900649.

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Recent research suggests that trade unions in the European Union have become more receptive towards temporary and migrant workers and recognise their distinct interests. This article investigates to what extent this shift in attitude informs union responses to cross-border temporary agency work, an important variant of migrant non-standard work in the European Union. This employment form entails several potential lines of intra-labour conflicts of interests, that is, insider versus outsider and domestic versus migrant workers, and thus offers a particularly promising case to study whether and how unions seek to aggregate the interests of an increasingly heterogeneous workforce. Our findings suggest that although trade unions have gained considerable regulatory influence and new capacities to mediate conflicts of interest between different worker groups, a considerable degree of ambiguity remains in union positions and strategies towards temporary agency work and cross-border labour. Instead of gradual steps towards full inclusion of workers regardless of status and origin, union responses are best described as selective representation.

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Crinis, Vicki. "Innovations in Trade Union Approaches in Malaysia's Garment Industry." Economic and Labour Relations Review 14, no. 1 (June 2003): 80–89. http://dx.doi.org/10.1177/103530460301400107.

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Women workers employed in the export-oriented manufacturing sector in Malaysia have traditionally had poor access to representation by trade unions for two reasons. Firstly, government rules and regulations have prevented sectoral trade unions from representing large sections of the workforce, and secondly, unions themselves have not considered women their primary constituency. As a result, non-governmental organisations (NGO), rather than trade unions, have played an important role in educating women workers about their rights since the 1980s. In the garment industry in recent years, NGO activism has precipitated a change in the trade unions' focus towards women workers in general, and towards female overseas migrant workers in particular. Where once unions viewed migrant workers as undermining the wages and conditions of Malaysian workers, they now assert their right to equality in the workplace. This paper explores the context in which NGOs became involved in union-like activities and unions' responses to that involvement.

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González Begega, Sergio, Holm-Detlev Köhler, and Mona Aranea. "Contested industrial democracy discourses in transnational companies. The case of the ArcelorMittal European Social Dialogue Group." Transfer: European Review of Labour and Research 24, no. 4 (June 7, 2018): 451–65. http://dx.doi.org/10.1177/1024258918775838.

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This article discusses the potential of European transnational company agreements for developing industrial democracy at European company level. It describes the experience of the ArcelorMittal European Social Dialogue Group, established in 2009 through a European transnational company agreement as an innovative channel for trade union involvement in corporate decision-making. The conceptual framework draws on a cross-national comparison of industrial democracy discourses in two European countries, Germany and Spain. A qualitative approach based on semi-structured interviews with trade union representatives and management is used to identify divergent national discourses of employee voice giving rise to common misunderstandings of industrial democracy at European level. The findings illustrate the persisting communication challenges faced by trade unions when engaging in employee representation structures at transnational company level. The article also shows that trade union representatives are able to adapt their national discourses on industrial democracy under the influence of European practice.

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Fairbrother, Peter, and Nikolaus Hammer. "Global Unions." Articles 60, no. 3 (January 26, 2006): 405–31. http://dx.doi.org/10.7202/012153ar.

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International trade unionism faces a major challenge. Historically, Global Union Federations have been small and relatively remote international union secretariats with limited capacity to mobilize and speak on behalf of local members. However, with the changing architecture of international capital and nation states, these union bodies have started to renew themselves. The argument is that the emergent political economy provides the base upon which these unions can begin to campaign and represent members in more dynamic ways than in the past. Critical to these developments has been the promulgation of International Framework Agreements which adapt and extend familiar tools of representation. The outcome is the possibility of a multi-faceted form of trade unionism.

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van den Berg, Annette, Arjen van Witteloostuijn, and Olivier Van der Brempt. "Employee workplace representation in Belgium: effects on firm performance." International Journal of Manpower 38, no. 2 (May 2, 2017): 130–44. http://dx.doi.org/10.1108/ijm-06-2015-0094.

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Purpose The purpose of this paper is to examine whether works councils (WCs) in Belgium have a positive effect on firm performance, notably productivity and profitability, while taking the role of trade unions into account. Design/methodology/approach The authors first introduce the typical Belgian industrial relations system, discussing the similarities and differences with neighboring countries. This is followed by a brief overview of the relevant literature. Subsequently, the impact of Belgian employee representation on firm performance is estimated by means of OLS, using a newly developed questionnaire administered among Belgian CEOs. Special attention is given to moderating and mediating effects. Findings The authors find that Belgian WCs have a small (direct) significantly positive effect on labor productivity, but not on profitability. The additional results of the mediation test show tentatively that WCs might affect profitability indirectly, through their impact on productivity. Despite trade unions’ dominance in practice, the findings reveal that their impact is insignificant. Research limitations/implications Although nationwide, rich and representative, as well as statistically valid, the data set is rather small (196 usable observations). The data set offers ample opportunities to further explore what makes effective Belgian WCs different from their non-effective counterparts. Originality/value The data set is unique, and combines subjective CEO with objective performance data. The data offer the opportunity to do a first study into the special case of Belgium, which has a distinct union-dominated IR regime. In this study, the focus is furthermore on the rarely studied WC-trade union interaction. In addition, subtle moderation and mediation effects are estimated.

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Schwenken, Helen, and Claire Hobden. "Mapping domestic workers’ organizing globally." Atlánticas. Revista Internacional de Estudios Feministas 5, no. 1 (December 31, 2021): 59–89. http://dx.doi.org/10.17979/arief.2020.5.1.4959.

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Domestic workers face challenges for organizing, e.g. decentralization of the workforce, nature of the employment relationship. This article analyses, based on a multiple country-comparison, how domestic workers organize despite constrictions. We identify three forms of organizing: the trade union model and the association model (Shireen Ally). We propose, though, an additional third model, the ‘hybrid type’: domestic workers organize ‘amongst themselves’ in associations and at the same time these associations are linked to or integrated into trade unions, which provides representation, services and contact with other workers. Related to this finding, we see a trend of an ‘emerging trade unionism’. Which means that we tend to find more trade union-related forms of organizing than a decade ago. One explanatory factor is the “governance struggle” of winning the International Labour Organization’s Convention “Decent Work for Domestic Workers” in 2011, which led to an increased collaboration and trust-building between organized domestic workers and trade unions.

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Пламеннова, Кристина, and Kristina Plamennova. "Legal Basis of Non-Union Employee Representation in Germany." Journal of Russian Law 2, no. 1 (December 12, 2013): 124–31. http://dx.doi.org/10.12737/1823.

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Anyango, Christine, Nelson Obange, Evans Abeka, Gerald Ochieng Ondiek, Odhiambo Odera, and Mary Evelyn Ayugi. "Factors Affecting Performance of Trade Unions in Kenya." American Journal of Business and Management 2, no. 2 (May 30, 2013): 181. http://dx.doi.org/10.11634/216796061706313.

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Trade unions have been used to settle disputes between members and management, the implementation of changes and securing adequate representation of members in government, public and private sector. The objective of this research was to determine factors affecting performance of Kenya National Union of Teachers (KNUT). The research was a cross- sectional survey done in Nyando District, Kisumu, Kenya using structured and unstructured questionnaire administered to KNUT officials and the teachers. Sample size used was 352 comprising of 341 teachers and 11 KNUT officials. Face to face interview technique was adopted for this study and descriptive statistics was used to analyse the data. The findings of this research indicate that only 71.6 % of the teachers are members of KNUT, the remaining 28.4 % are not. The factors affecting performance of the union were observed as financial, declining membership, political interference among others and this has worsened the performance of the union in the district.

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Laroche, Mélanie, and Mélanie Dufour-Poirier. "Revitalizing Union Representation through Labor Education Initiatives: A Close Examination of Two Trade Unions in Quebec." Labor Studies Journal 42, no. 2 (March 20, 2017): 99–123. http://dx.doi.org/10.1177/0160449x17697442.

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This article aims to explain whether and to what extent formal and informal labor education and training initiatives help increase union participation among young members. Between 2009 and 2014, twenty-two interviews were conducted with ten national union leaders and twelve young leaders in two trade union organizations operating in the public and private sectors in Quebec. To complement these data, fifty-three focus group discussions were held, involving more than four hundred thirty young members (under the age of thirty). Our results reveal the presence of three areas of tension associated with the internal functioning of these unions. They also point out some factors that may boost the participation of young workers, internally.

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Krajewski, Marcin. "Staff Representation Rights Related to The Creation Of Employee Capital Plans (PPK)." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 123–33. http://dx.doi.org/10.18778/0208-6069.95.11.

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The article presents the role of the staff representation under the Act of 4 October 2018 on Employee Capital Plans. Employee Capital Plans (PPK) are the part of third pillar of polish pension system. By creating the PPK, the legislature placed the staff representation and the employer under an obligation to co-decide on the form of the created capital plan. The method of identifying the staff representation, as defined in the Act on Employee Capital Plans, is modelled on the regulation contained in the Act on Occupational Pension Schemes. The Act on Employee Capital Plans states, that an occupational trade union organisation operating within the premises of the company excludes the competence of representation of employees. The legitimacy of the primacy of the trade union over the non-union representation of the staff stems, first of all, from the possibility of guaranteeing the employees’ effective participation in the selection of the financial institution.

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Klikauer, Thomas, and Nadine Campbell. "Book Review: Organizing Matters – Two Logics of Trade Union Representation." Transfer: European Review of Labour and Research 27, no. 4 (November 2021): 547–51. http://dx.doi.org/10.1177/10242589211061068a.

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Thornthwaite, Louise. "A Half-hearted Courtship: Unions, Female Members and Discrimination Complaints." Journal of Industrial Relations 34, no. 4 (December 1992): 509–29. http://dx.doi.org/10.1177/002218569203400401.

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Research suggests that since the 1970s, while union membership has been declining in Australia, trade unions have become more supportive of women workers and their specific concerns. This change of heart has been assessed largely in terms of union policy positions and union representation of particular issues. Anti-discrimination and equal opportunity laws have emerged during the same period as this observed change of heart has taken place. It may be hypothesized that, if unions have indeed altered their approach towards gender-based concerns in recent years, women workers will be seeking union assistance with gender-specific grievances such as discrimination complaints. This paper examines why women workers who belong to male-dominated unions are not seeking their union's support with discrimination grievances, suggesting that the extent of change in women's relationships with unions may have been limited.

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Stolte, Carolien. "Bringing Asia to the world: Indian trade unionism and the long road towards the Asiatic Labour Congress, 1919–37." Journal of Global History 7, no. 2 (July 2012): 257–78. http://dx.doi.org/10.1017/s174002281200006x.

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AbstractThis article considers Asianism in the Indian trade union movement, against the backdrop of increasing international cooperation between Asian trade union movements in the interwar period, which culminated in the short-lived Asiatic Labour Congress (1934–37). It demonstrates how Asianist enthusiasm both propelled and hampered Indian workers’ representation at the International Labour Organization and other international bodies. Finally, it considers Asianism as a crucial characteristic of Indian trade unionism in the interwar period, by showing how the All-India Trade Union Congress, once the hope of Indian labour as an organized force, split into rival federations over the issue of its Asian affiliations.

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Rizzo, Matteo, and Maurizio Atzeni. "Workers’ Power in Resisting Precarity: Comparing Transport Workers in Buenos Aires and Dar es Salaam." Work, Employment and Society 34, no. 6 (July 8, 2020): 1114–30. http://dx.doi.org/10.1177/0950017020928248.

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The growing precariousness of employment across the world has radically altered the conditions upon which the representation of workers’ interests has traditionally been built, as it has posed challenges for established trade unions: individualized employment and fragmented identities have displaced the centrality of the workplace and the employee–employer relationship in framing collective issues of representation. In this article, we compare the processes of collective organization of two groups of precarious workers in the transport and delivery sector of Buenos Aires and Dar es Salaam. Through this comparison we investigate how existing trade union structures, industrial relations frameworks, socio-political contexts and labour processes interact with the processes of workers’ organization that take place even in the harsher conditions of informal work, critically engaging with the argument that the growing precariousness of work represents the end of trade unionism as we know it.

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Ndlovu, Sifiso. "The Role of Public Sector Trade Unions in the Representation of Civil Servants." Cross Current International Journal of Economics, Management and Media Studies 1, no. 2 (April 23, 2019): 61–63. http://dx.doi.org/10.36344/ccijemms.2019.v01i02.003.

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As long as there are employees who are disappointed with the way things are being run in their organisation, as long as there are executives who trample upon the rights of employees on the lower strands, and as long as management and the employees cross each other's path, the formation of public sector unions is not only unavoidable but should even be encouraged. As long as the government has responsible public sector employee unions which will uphold public interest to private interest, good governance will no longer be an aspiration but a reality. As long as there is a responsive management which lends a sympathetic ear to a responsible public sector union which supports the country’s mission and vision, we will achieve the government worthy of the trust and confidence of the people

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Ndlovu, Sifiso. "The Role of Public Sector Trade Unions in the Representation of Civil Servants." Cross Current International Journal of Economics, Management and Media Studies 1, no. 2 (April 23, 2019): 61–63. http://dx.doi.org/10.36344/ccijemms.2019.v01i02.003.

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As long as there are employees who are disappointed with the way things are being run in their organisation, as long as there are executives who trample upon the rights of employees on the lower strands, and as long as management and the employees cross each other's path, the formation of public sector unions is not only unavoidable but should even be encouraged. As long as the government has responsible public sector employee unions which will uphold public interest to private interest, good governance will no longer be an aspiration but a reality. As long as there is a responsive management which lends a sympathetic ear to a responsible public sector union which supports the country’s mission and vision, we will achieve the government worthy of the trust and confidence of the people

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43

Brewster, Chris, Patrick Gunnigle, and Mike Morley. "Trade Union Representation: The UK and Ireland in the European Context." Management Research News 16, no. 5/6 (May 1993): 56–57. http://dx.doi.org/10.1108/eb028313.

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Heery, Edmund, Hazel Conley, Rick Delbridge, and Paul Stewart. "Beyond the enterprise: trade union representation of freelances in the UK." Human Resource Management Journal 14, no. 2 (April 2004): 20–35. http://dx.doi.org/10.1111/j.1748-8583.2004.tb00117.x.

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Bogg, Alan, and Tonia Novitz. "The Politics and Law of Trade Union Recognition: Democracy, Human Rights and Pragmatism in the New Zealand and British Context." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 259. http://dx.doi.org/10.26686/vuwlr.v50i2.5745.

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In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form.

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Lavelle, Jonathan, Patrick Gunnigle, and Anthony McDonnell. "Patterning employee voice in multinational companies." Human Relations 63, no. 3 (January 6, 2010): 395–418. http://dx.doi.org/10.1177/0018726709348935.

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Employee voice has been an enduring theme within the employment relations literature.This article profiles the incidence of a range of direct and indirect employee voice mechanisms within multinational companies (MNCs) and, using an analytical framework, identifies a number of different approaches to employee voice. Drawing from a highly representative sample of MNCs in Ireland, we point to quite a significant level of engagement with all types of employee voice, both direct and indirect. Using the analytical framework, we find that the most common approach to employee voice was an indirect voice approach (i.e. the use of trade unions and/or non-union structures of collective employee representation). The regression analysis identifies factors such as country of origin, sector, the European Union Directive on Information and Consultation and date of establishment as having varying impacts on the approaches adopted by MNCs to employee voice.

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Pietrogiovanni, Vincenzo, and Andrea Iossa. "Workers’ representation and labour conflict at company level." European Labour Law Journal 8, no. 1 (March 2017): 45–66. http://dx.doi.org/10.1177/2031952517699107.

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This Article critically evaluates the recent trends in Italian industrial relations in order to highlight the clash between Italian constitutional principles and the autonomous development of self-regulation as for the relationship between representation, conflict and collective agreement. By conducting a comparative analysis with the Swedish model, the article argues that the constitutional principles of the Italian system of industrial relations conceive the collective agreement as a contingent element in the relationship between representation and conflict, whereas the Fiat case (2010) and the latest interconfederal agreements (2013 and 2014) place it at the centre of such a relationship. The Swedish model, instead, regards the collective agreement as a central mechanism through which the signatory trade union trades social peace with privileged rights of representation in the workplace. Through the prism of the Swedish model, the article suggests that Italian industrial relations are turning towards a restrictive system centred on the collective agreement, in which however the obligation of social peace is not exchanged with any strengthening of union representation in the workplace.

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48

Zybała, Andrzej. "Board-level employee representation in the Visegrád countries." European Journal of Industrial Relations 25, no. 3 (February 21, 2019): 261–73. http://dx.doi.org/10.1177/0959680119830572.

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This article addresses the complexity of trade-union approaches to board-level employee representation in the Visegrád countries, and the barriers it faces in particular national settings. Trade unionists in these countries accept the relevance of such employee representation in theory, but their practical agenda covers other issues which they perceive as more important as they struggle to survive at many levels of activity, and face growing existential uncertainty and risk. Unions also lack capacity to overcome obstacles such as reluctance on the part of the political class and managerial hostility to board-level representation; they cannot exert influence on major policy decisions at national level. They are operating in a more and more difficult environment, reflecting not merely a declining membership base, but also the recent economic crisis that failed to change the economic policy paradigm in the Visegrád countries: policies there still rely on a neoliberal approach and hence are not conducive to labour participation. What can still be seen as the predominant model is the traditional one of the market economy in which rights of ownership reign supreme.

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49

Connolly, Heather. "‘We just get a bit set in our ways’: renewing democracy and solidarity in UK trade unions." Transfer: European Review of Labour and Research 26, no. 2 (April 30, 2020): 207–22. http://dx.doi.org/10.1177/1024258920920822.

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In a broader context of austerity, sustained financial pressures and policies of restructuring and outsourcing have steadily eroded traditional features of UK public sector employment such as job security, fair reward and collective representation through trade unions. This article examines how a UK trade union representing local government workers attempted to respond more effectively to radical restructuring plans. By engaging in a process of democratic experimentation, full-time officials from above and activists from below sought to challenge the existing ‘insider’ relationship between branch officers and management, which was seen as ineffective in responding to a severe disruption in the regulation of local government employment. Drawing on participatory ethnographic research, the findings show the importance of leadership in the processes towards union renewal and the tensions and struggles underlying democracy and solidarity. Union renewal is presented here as a dialectical process and set of responses involving both strategic direction from above and membership pressure and activism from below.

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50

Yatskevych, Ivan. "Reforming Legislation on Collective Labour Relations Engaging Trade Union as a Party." NaUKMA Research Papers. Law 6 (February 15, 2021): 57–72. http://dx.doi.org/10.18523/2617-2607.2020.6.57-72.

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The paper covers problematic issues of reforming the legislation on collective labour relations with the participating trade union representing the interests and defending the rights of employees, consisting in a workers’ collective, during collective bargaining, concluding a collective agreement, holding a social dialogue on the local level. The article contains an analysis of a draft legislation such as draft laws On Labour, On Amending Certain Legislative Acts of Ukraine (Regarding Certain Issues of Trade Unions’ Activity), On Amending the Law of Ukraine On Collective Agreements and Contracts in order to reveal the main trends of the proposed drafts, their scientific analysis, and producing own conclusions regarding impact of these draft laws upon the efficiency of the trade unions movement in Ukraine.The study of the proposed amendments to certain legislative acts as well as corresponding conclusions are made in observance of the current trends in the development of judicial application of legislative provisions on the preferential right of a unit trade union to represent a collective’s interests during collective bargaining regarding concluding or amending a collective agreement at an enterprise or institution. The paper contains a discussion on problematic (from a perspective of legal exercising and research) issues of the current legislative provisions on the safeguarding implementation of trade unions competence conformity to the Constitution of Ukraine, ILO Convention No. 87, and the recent case-law.The accordance of principles of rule of law and legality, representation, and efficient representing of workers’ collective interests during the in-court dispute resolution regarding representing the collective of workers and accession to an effective collective agreement is highlighted.In the conclusion it is stated that there is a negative trend on further deterioration of the trade unions’ position as representatives of labour collectives empowered with representative and defensive functions in relations with employers. Besides that, it is stressed that adoption and implementation of the argued legislative initiatives will eventually cause deepening the crisis of trade unionism and deteriorating of social standards. It will make a negative impact on a person’s social security in the state. There are grounds to assert forming case-law acknowledging works councils as equally authorized representatives of the workers’ collective in collective bargaining. In the meantime, the practice of rejection of new trade union’s units to join an effective collective agreement within the employer’s enterprise persists. It is concluded with the necessity to improve the system of normative safeguards for the trade unions activity and creating an efficient mechanism for countering abuse of rights, including safeguarding provisions, by parties of collective labour relations.

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