Editorial: Focus on collective bargaining

Abstract

ICTUR □ EDITORIAL Editorial: Focus on collective bargaining This bilities CIUR') edition journal and challenges of is International concerned facing with collective Union the Rights possibar CIUR ')journalis concerned withthepossibilities and challenges facing collective bargaining .The idea forthisstudystemsfroma debate thatopened up betweenJamesClancy, leaderof the NUPGEpublicworkers' unionin Canada, and Canadian academic Roy Adams, who sitson theIUREditorial Board.Clancyand Adams took different views on the potential threat / benefit presented by a Canadiancourt decisionconcerning the institutional protection of a majority bargaining system. WhileClancy believesthatthemajority bargaining system is a bedrockofCanadianindustrial relations andprovides the solidityand negotiating power that makesCanadianunionseffective workers' advocatesAdamssaw a potential clashwiththepositionoutlinedby theCommittee on Freedomof Association('CFA') of the International Labour Organisation ('ILO'). CFA jurisprudence seems clearly to requirethatminority unionism should be possible,atleastincertain circumstances. Astheparties exchanged emailswith theICTUR office, and we agreedto setup a loose dialogue ordebatethat wouldexaminearguments forand against,it became apparentthatthe two sides werenotas farapartas originally seemedto be thecase. Bothrecognised thatCanadianmajority bargaining rights providean important pillarof strength forthetrade unionmovement there, and bothrecognised thatminority unionism can also, in some cases, play a usefulrole. Withthe Canadianpositions inmind, IURapproached Judy Atkins and David Cohen,theauthors ofa recent LaborNotes articleon minority unionism in the US. Both Adams and Clancyagreed thatIUR shouldpublishthatarticlealongsidetheirown contributions. An additional perspectiveon minorityunionism was then provided by Fernando Gapasinwho writes on itssignificance forworkers in right-to-work statesin theUS. As Gapasinillustrates, inthiscontext minority unionismmayservetwopurposes . Firstly, itmaybe the onlygameintown.Secondly, itmayhavestrong disadvantages butithas advantages also andcan transform unionorganising intoa muchstronger, community-based project. Sticking withthe generalthemeof collective bargaining IURwas fortunate tosecurecontributionsfrom twoofICTUR'sVicePresidents, Helen Kelly, President oftheNew Zealandtradeunion centreNZCTU,and law professor KeithEwing. Kellyexplainshow collectivebargaining rights were recently unravelled foractorsunderNew Zealandlabourlaw bythegovernment re-definingtheir default employment status from employee tocontractor. Whatis really concerning about theNewZealandreforms isthat there isnoambiguity aboutthefactthatthey wereintroduced at thebehestofa multinational corporation which sought to and succeeded in changingNew Zealand industrial law. Back in theUK dissatisfaction at British Airways ('BA') rumbles on for cabin crew who remain frustrated by and opposedtoattacks on their terms andconditions. Rather thanresolvethematter through collective bargaining BA has allowedthesituation to escalatetoa seriesofstrikes. BAhasresponded with an aggressive union-busting approachto dealing withitsworkers. Elsewherein thiseditionwe take in a wide rangeof developments in the worldof trade unionrights, including a perspective on howthe current Japanesetradeunionframework evolved since the 1940s and a view of how unionsin Europearechallenging theviewthat thefinancial crisisshouldbe metby austerity measures. We also examinetwo keylegal cases from Turkey, theKESKcase, whereactivists continue to face seriouscriminal charges,and the SinterMetal case, wherea victory was securedin thiscivil case,albeittwoyearsafter theworkers weredismissed ,followednineearlierhearings, each of whichwas adjourneddue to employer intransigenceand stalling tactics. DanielBlackburn, Editor Next issue of IUR Articles between 850and1,900words should besentbyemail (mail@ictur.org) andaccompanied bya photograph andshort biographical note oftheauthor. Photographs illustrating thetheme ofarticles arealways welcome. Allitems must bewith usby10March 2011 if they are tobeconsidered for publication inthenext issueofIUR. Subscribe toJIM; tosubscribe, complete theboxbelow. I/we would like tosubscribe toInternational Union Rights andenclose£20/US$30/€25. Name/Organisation Address PostCode Four issues£20/US$30/€25. Cheques should bemadepayable to"IUR' andsentto:ICTUR, 177Abbeville Road, London SW49RL, UK INTERNATIONAL union rights Page 2Volume 17Issue 42010 ICTURIN ACTION□ ITALY, UNISONREPORT, TRADEAGREEMENTS, COMPLAINTSPROCEDURES Italy InNovember ICTURDirector DanielBlackburn visited the offices oftheCGILinItaly on behalf ofICTURVice President Keith Ewingto participate inthefirst ofa seriesofmeetings examining theright tostrike inEurope. Theevent brought together trade unionists and academics from across Europeinorder tomapthe terms ofreference forthe mainproject. Participants helpedtoidentify appropriate topicsofenquiry that wouldcoverboththose aspectsoflawandindustrial relations intheir countries whicharesharedwithother countries andthosewhich areunusualorunique. UNISON report OverthepastyearICTUR hasbeenassisting UNISON with theproduction ofa report examining ILO Conventions 87,98 and 151, looking athowtheserights applytoworkers inpublic services around theworld, whattypes ofviolations of unionrights occurfor these workers around theworld, andhowtheILO framework helpstoprotect theserights. The report tacklesthe complexinteraction betweenConventions 98 and 151as wellas the complexruleson theright to strike invariousaspects ofthepublic,essential, and fundamental services. The report is scheduledfor publication shortly after this editionofIURgoes to press inbothsummary and full versions. Page 3Volume 17Issue 42010 frade agreements and human rights ICTUR's MiguelPuerto was invited toparticipate inan international seminar to discusstrade agreements and humanrights. Theevent was heldduring thelastweekof November inthecity of OviedoinSpain,atthe headquarters ofthe'Colegio de Abogados'(lawyers organisation) ofOviedo.The seminar was organised by Justicia porColombia ' a Spanish coalition ofsocial andhumanrights organisation, withthe support oftheSpanish Agency forInternational development cooperation (AECI)andtheregional government ofAsturias (.Principado deAsturias...