Intersectionality and trade unions: A tale of class and identity?

10 | International Union Rights | 23/3 FOCUS | TURKEY Legal Barriers to Freedom of Association and Collective Bargaining Turkey’s current legal protection of trade union rights remains a long way from compliance with international norms. Labourers are divided into ‘workers’ and ‘public officers’. The Law on Trade Unions and Collective Bargaining (Law 6356) regulates the trade union rights and freedoms of workers. The Law on Trade Unions and Collective Bargaining of Public Officers (Law 4688) regulates the trade union rights and freedoms of the public officers but provides public officers very limited rights of association, collective bargaining and strike. Besides, the parties to the collective bargaining under Law 4688 do not have to reach an agreement and the final decision is given by the Government. If the parties disagree, the public officers have no right to strike. This legal rule - enacted in 2012 - provides no rights to association, collective bargaining or strike for public officers to protect their interests. Therefore, the following analysis of these rights will focus on the Law on Trade Unions and Collective Bargaining (Law 6356). Freedom of Association: only sector-based unions can be formed The right to form a trade union and freedom of association are assured in Article 51 of the Turkish Constitution. However, Law 6356 was enacted with a limited scope in contrast with international norms. Article 3 says that a ‘trade union is formed to operate in a certain sector’. This regulation contradicts Article 2 of Convention 87 of the ILO Convention 87 which accepts the ‘liberty’ principle on the matter of the freedom of association. Additionally, the ILO Committee on Freedom of Association (CFA) assessed Article 2 of Convention 87 and stated that workers can form a trade union with reference to the sector, profession or regional and other criteria. Moreover, Law 6356 Article 2 does not allow trade unions to organise themselves under umbrella organisations like federations or others, other than confederations. This is also in contradiction with the liberty principle in Article 7 of Convention 87. Collective Bargaining Rights The most important discrepancy in Law 6356 is that while it only permits the formation of trade unions in the sectors, the collective bargaining system is organised on the basis of the workplace or business. Apart from the workplace and business in the collective bargaining, it was not defined on the scale of country, industry and sector (Articles 33-4). This certainly violates ILO norms (Convention 98, Article 4). One of the most important obstacles in Turkey for trade union association and collective bargaining is the legal restrictions and thresholds to have authority for collective bargaining. There are two major problems in Turkey in the system of authorisation. The first obstacle is having the majority in the country and then in the workplace and business, as the law requires. The prerequisite for collective bargaining rights is union membership of 1 percent of workers in respective sector in the country. After the trade union achieves this condition, if more than half of the workers working in the same workplace become members of this trade union, collective bargaining can be signed for the workers in this workplace. If the company has more than one workplace or branches, the union must also organise 40 percent of all the workers in all these workplaces. If a trade union cannot ensure these conditions, it has no authority for collective bargaining. For instance, according to the data from July 2016, there are almost 3,079,761 workers work in Sector 10 (Education and Commerce Offices). A trade union in this sector has to have at least 30,790 members working in this sector for a collective bargaining in any workplace. Otherwise, even if all 20,000 workers from a single workplace of 20,000 workers are in membership this trade union still has no legal power for collective bargaining. The second is that collective bargaining power is given by the Ministry of Labour and Social Security – a political institution. The processes determining if a trade union meets those thresholds are controversial. These are implemented by the Ministry. If an employer or another trade union in the same sector objects to the processes to be performed by...

lective agreements of domestic workers (Article 7, line XXVI), therefore there is a logical obstacle to recognise the right of collective bargaining for these workers’5 . In 2013, the Federal Constitution was amended giving domestic workers all of the same fundamental rights as other workers, including the right to collective bargaining. This guarantee opens a whole new world of possibilities for these workers, since there is no legal doubt about their right to register as trade unions, nor their right to collective bargaining. An immediate consequence of the constitutional change was an increase in the number of registered trade unions and applications for registration . In 2015, there were 21 domestic workers’ trade unions and 3 employers’ trade unions registered at the Ministry of Labour6 . In the context of the Brazilian corporatist system, however, this increase does not entirely reflect an effective organisation and representation of domestic workers. The same is valid for employers’ trade unions, because in Brazil, employers’ associations are also considered trade unions and have the same legal treatment as workers’ trade unions. To better understand the challenges, it is important to briefly explain the Brazilian system of defining a professional category, the unicity rule and mandatory trade union dues that flow from it. Brazilian corporatist trade union law In Brazil, workers and employers can only organise themselves by professional and economic categories , respectively, and there is no pre-definition by law of the professional categories. The trade union proposes the category it will represent . Each category can only be represented by one trade union within a minimal territory of a municipality, that is, there is no enterprise level trade union. This exclusivity of representation by the trade union (called unicity) is achieved in a first-come, first-served basis, that is, the first trade union that applies for the Ministry of Labour to represent a professional category is the one that will hold that representation without having to demonstrate that they enjoy the support of the majority of workers they propose to represent. Different from a voluntarist trade union regime, there is no certification vote or signing of membership cards by workers. The whole process is done through the Ministry of Labour or decided by the Labour courts (in the case where two trade unions dispute the representation of the same category of workers). The chronological criteria is used in both cases: the first trade union that applies for certification of a certain category will be granted the exclusivity of representation7 . The one trade union that holds the representation The corporatist system produced two dysfunctional consequences: low representativeness of trade unions and a fragmented labour movement INTERNATIONAL union rights Page 20 Volume 22 Issue 3 2015 B razil is an important case in the regulation of domestic work. Not only is it one of the largest employers of domestic workers in the world with six million workers, Brazil has also developed one of the most comprehensive labour rights regimes for the regulation of domestic work in the last two decades1 . But even Brazil faces tough challenges ahead in ensuring that rights already granted by law such as recognition of freedom of association and collective bargaining (FA/CB) are effectively exercised2 . In this article I analyse the compatibilities and incompatibilities of the Brazilian trade union system with domestic workers’ collective organisation and to draw inferences for future policy. The Brazilian case The first domestic workers’ trade union in Brazil was created in 1936 in São Paulo – the Santos Professional Association of Domestic Workers – organising a campaign against live-in domestic workers. The campaign sought to allow domestic workers to live in their own homes. Their argument was that in order to emancipate domestic workers it was essential to deny the prevalent notion that domestic workers were a part of employers’ families3 . Domestic workers’ trade unions in Brazil have played an essential role over the decades in the movement for advancing domestic workers’ rights, even though they were legally recognised as trade unions only in 1988 with the promulgation of the Federal Constitution. Before 1988, they acted as private associations and they could not negotiate nor receive trade union’s dues4 . The domestic workers’ trade unions fought against...

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

Trade union rights have always been at the very bottom of the rights and freedoms agenda in Turkey – not just for the last years but during the entire history of the republic. In the post-2002 period of single party rule by the Adalet ve Kalkınma Partisi (AKP, English: Justice and Development Party), trade union rights were seen to suffer a considerable meltdown. Currently trade union density in Turkey is much lower than in the decade following the military coup of September 12th, 1980. Due to higher thresholds for entering into collective bargaining system, a very low number of workers benefit from collective agreements or are able to engage in collective action, including strikes. Union members are insufficiently protected from dismissal on the grounds of their trade union activities. Moreover the right to strike has been abolished de facto. Trade union legislation undermines trade union rights Turkey’s industrial relations legislation as a whole has not encouraged trade unionism – indeed, to some degree it has been hostile to the unions. There were no remarkable changes in trade union legislation during the AKP rule and the legislation of the coup d’état of 1980 went untouched. In 2010, some amendments were made to the provisions of the Constitution related to trade union rights. However, these changes, contrary to some claims, are not capable of creating meaningful expansion of trade union rights. The changes cannot satisfy the criticisms of the European Court of Human Rights, along with the ILO’s and the EU’s demands. Turkey’s new Law on Trade Unions and Collective Agreements (No. 6356) was enacted in December 2012. Even though the new law introduces some limited improvements especially as far as the founding of unions, as concerns the internal functioning of unions and union membership (within the context of freedom of association), it maintains, and in some areas even increases limitations, especially those concerning the rights to collective agreements and to strike. The Act did amend the double threshold system – 10 percent all of workers in a particular industry and more than 50 percent at in individual firms/workplace must join a union for it to be recognised – that had inhibited unionisation for 30 years. At first, the industry threshold was reduced to 3 percent for independent unions and 1 percent for unions affiliated with confederations under the umbrella of the Economic and Social Council (ESC). In 2015 the Constitutional Court decreed that all unions shall be subject to the 1 percent industry threshold. The law continues to maintain the workplace threshold of more than 50 percent where a company is composed of a single workplace, while lowering the threshold to 40 percent for enterprises composed of multiple workplaces, for example, banks. These high workplace and enterprise thresholds hamper union organisation, the effective representation of workers and the exercise of their right to bargain collectively. There are several unions and confederations for civil servants in Turkey but these have been left out of the analysis here for several reasons. They are regulated differently from the workers’ unions and differ markedly from them in terms of rights. It is still forbidden for some public officials to be unionised, and no civil servants have rights to genuinely free collective bargaining. They must submit to compulsory arbitration and are forbidden to strike. Moreover, while workers (in both the private and the public sector) work under individual employment contract, civil servants are subject to administrative law. Civil servants’ unions in Turkey work as associations rather than trade unions. The structure of trade unionism in Turkey Industry based unionism or the principle of ‘industrial unionism’ has been adopted in Turkey. Workplace and profession-based unions, along with regional unions and federations were not allowed. Instead, Turkey adopted a uniform, centralised industrial unionism by force of law. The new trade union law No. 6356 also limits the formation of unions to industry level and prohibits the formation of workplace, enterprise or occupation-based unions. Nor does it allow union federations, city- or region-based unions, or unions representing retired people, farmers or the unemployed. The trade unions in Turkey are organised mainly under three confederations or umbrella organisations. The leading one is the...

Strength in Numbers: The Impact of Trade Union Mergers on Trade Union Power

Using a mixed methods approach, this study examined the meanings that emerging adults (N = 261; 195 women, 66 men; M age≈22 years old) ascribed to their online self-presentation. A thematic analysis based on 761 Facebook photo descriptions and 714 wall posts and status updates revealed that these emerging adults presented their individual, social, gender, ethnic, and spiritual identities as well as their positive, neutral, and negative affective states online. Individual and social identities were presented more frequently than other types of identities, and were linked to positive and negative affective states. The emerging adult women presented their social and gender identities in their photos more frequently, whereas the men presented their individual identity more often. When presenting their individual identity, women disclosed positive states more frequently whereas men disclosed neutral states more often. Latino American participants presented their individual identity less frequently than their Asian and European American peers, whereas Asian American participants presented their gender identity less frequently than their Latino and European American peers. When presenting their individual and social identities, Asian American participants disclosed neutral states more frequently and positive states less frequently than their Latino and European American peers. Findings have implications for the psychosocial development of emerging adults from ethnically diverse backgrounds, as well as for theory and research about self-development within online contexts.

Legal issues pertaining to the collection of sociodemographic data in emergency departments.

Trade unions are important social and political actors in Africa. Their role goes beyond the perimetry of the world of work or industrial relations to enter the political sphere. A large literature exists on these workers’ organizations. Trade unions have been studied from multiple angles and disciplines. To put some order to this body of academic and popularizing work, it is necessary to depart from the acknowledgment of the multidisciplinary nature of studies on African trade unions. Therefore, apart from a general overview, this article divides this body of literature into six main subgroups: trade unions in industrial relations in Africa, which means membership, collective bargaining, and collective action, including labor unrest and strikes; trade unions structure and governance, which includes legal aspects and labor rights; sector-specific literature, given the fact that trade unions are more prominent in some sectors than in others; literature on trade union internationalism and regional trade unions; the relationship of trade unions with politics, which includes country-specific studies; and, finally, life histories. As highlighted by the literature, two factors determined the birth and growth of unionism in Africa in the twentieth century: first, the capitalist transformation of African economies, especially but not exclusively during colonialism; and second, the expansion of a particular kind of labor relation, namely waged labor, which was exploited to profit capital. Hence literature on trade unions is often preoccupied with the role of trade unions within the capitalist transformation of African societies and with trade unions’ attitudes toward capital, capitalists or employers, and governments that are usually there to serve them. Many studies conceptualize trade unions in relation to the economic sector, including the role of trade unions in public services, education, public administration, transport, health, mining, manufacture, and other areas. To a lesser extent, studies exist on commercial agriculture. This is because trade union density is higher in these sectors, with higher capital investment, both private and public. This is not the same in all regions and countries in Africa. Trade unions play an important and historical role in African politics. Numerous studies exist on trade unions’ opposition to colonial vested economic interests that employed African labor. With the postcolonial formal recognition of trade unions came their involvement in national politics, but also their co-optation by both ideological camps opposing each other during the Cold War. In some cases, African trade unions have been subjected to repression and banning. In other instances, they have been co-opted by political power. There are, however, also cases of African trade unions that managed to retain their autonomy from political and economic power. Since the end of the Cold War, trade unions have generally enjoyed a relatively higher degree of freedom. New approaches to the study of labor—such as global labor studies and global labor history—have increasingly marginalized trade unions. This is because in Africa trade unions represent a minority of workers—i.e., the formal wage worker, often male. The idea that trade unions epitomize a “labor aristocracy” has been slow to die. Postmodern studies on African trade unions are based on an algebraic truth: unionized formal wage workers are a small minority in Africa. This quantitative reality does not take into account the qualitative role played by trade unions for African social progress. It is a fact that trade unions continue to be repressed and prohibited in many African realities by employers and governments. Literature on African trade union agency also examines the international dimension. In addition, African trade unions developed and continue to maintain international links with trade unions outside the continent and with the International Labour Organization (ILO) and other international organizations. African trade unions have also formed organizations at the continental and regional level.

INTERNATIONAL union rights Page 10 Volume 23 Issue 2 2016 British laws on trade unions are the most restrictive in the Western World FOCUS ❐ BREXIT I n the same month as the Brexit referendum result, the UK’s Institute for Employment Rights (IER) has published its Manifesto for Labour Law: towards a comprehensive revision of workers’ rights. The IER’s proposals on reform of the UK’s labour laws could not be timelier. Fortythree years of EU membership may have contributed some gains for the rights of British workers , but current comparisons with Europe present a stark picture of working life in the UK: ‘On average, British workers work more hours per week, more days per year, more years before they retire, after which they receive lower levels of pension than most of their European counterparts. In comparison to other European workers they have generally received less education and training, and (because of lack of employer investment ) their productivity is lower. They get fewer paid holidays than almost all European comparators (the Working Time Directive notwithstanding). Their pay is so low that a great proportion of them are in poverty (and the State subsidises employers’ low wages in respect of a higher proportion of workers) than almost anywhere elsewhere in Europe. The gender pay gap is at a wholly unacceptable level’. As the manifesto’s authors explain in detail, the UK has ‘a framework of law born out of 19th century conditions, which has bypassed many advances of the 20th century, which ignores today’s economic and workplace realities, and which is not fit for purpose in 21st century Britain’. A debate on the future of British labour law is long overdue. The authors address head on the relationship between the dire state of workers’ rights in the UK and the current legal restrictions on the exercise of trade union rights, which have increasingly made collective actions such as striking so burdensome as to be almost impracticable. British laws on trade unions in 2016 remain ‘the most restrictive in the Western World. This is indisputable in relation to the right to trade union autonomy, right to strike, and the right to bargain collectively’. The Conservative government’s latest legislative attack on trade unions – the Trade Union Act 2016 – was roundly criticised for containing provisions which violate ILO Convention 87, and concerns were raised about its compatibility with the European Convention on Human Rights. Some of these aspects were watered down in response to pressure from trade unions. Nonetheless, many contested provisions – concerning ballot thresholds and the expanded role of the trade union Certification Officer – have now been enacted. The Manifesto calls for that Act to be repealed in its entirety, immediately. The restoration of collective bargaining The Manifesto’s principle recommendation for reform is to shift the balance of regulation from legislation to collective bargaining. The IER’s 25 comprehensive policy recommendations are founded on building ‘extensive sectoral collective bargaining structures underpinned by strong trade union rights’. The authors acknowledge that such a shift is ‘contingent on strong State support for [collective bargaining] and for trade unions (and employers’ associations), upon whose shoulders will lie a heavy responsibility for delivery’. Legislation therefore continues to play a key role. But the authors also amply demonstrate that legislation alone is an ambivalent and sometimes ineffective tool: the rampant levels of inequality in the UK at present are not an ‘unavoidable product of the operation of the ‘labour market’’. Rather, ‘the law has been moulded purposefully to achieve these outcomes’ – in particular since the Thatcher-era. One of the principle effects of this has been the cynical destruction of collective bargaining since 1980. Once the preferred method of regulation, collective bargaining has been largely displaced by legislation: ‘By 2011 Britain had fallen to the second lowest in Europe in terms of the level of collective bargaining coverage. Coverage is probably less than 20% today, lower than at any time since before the First World War’. The result is in ‘an unnecessarily legalistic, inefficient and immensely complex system of rules, contained in an ever-growing statute book too heavily dependent on lawyers, tribunals, judges and courts for their enforcement’. The weakness of this labour...

The research looked at UTAG's organizational effectiveness, collective bargaining, and trade union activity and its effect on the members growth. Using 109 faculty members as the sample size, a descriptive survey study was undertaken. Descriptive statistics tests were run on the items, which were summarized by frequencies and percentages, using the Statistical Package for Social Science (SPSS) computer software. The study demonstrated that collective bargaining and negotiations; education & training are the main services offered by trade unions; these have positive and statistically significant effect on membership growth. The study showed that the main difficulty facing trade unions is mobilizing members for effective negotiations. The Ghanaian legal system is very sensitive, and hence the trade union procedures are necessary to ensure and preserve industrial peace. Thus, it is suggested that solid legal frameworks and rules be offered, as these will give trade unions vigor and allow them to submit persuasive work assessments.

According to the Constitution of Korea, “Workers shall have the right to independent association, collective bargaining, and collective action.” However, the courts have ruled that the rights to organize a trade union, collective bargaining and collective action can be exercised solely within a framework of an employment relationship. Based on these precedents, the basic labour rights of independent workers are not recognized and exercising these collective rights in relation to user employers or main contractors is not allowed.BR However, by virtue of the principles of freedom of association, all workers, with the sole exception of members of the armed forces and police, should have the right to establish and join organizations of their own choosing. The criterion for determining the persons covered by that right, therefore, is not based on the existence of an employment relationship. Freedom of association and the right to collectively bargain should be ensured, regardless of the form of employment relationship, as fundamental principles and rights at work. This is reaffirmed in the international labour standards including the Employment Relationship Recommendation (No. 198, 2006).BR Even if considering the difficulties of establishing whether or not an employment relationship exists, the scope of the rights to organize a trade union and to collective bargaining should not be determined on the premise of an employment relationship. On the contrary, collective bargaining and collective agreements in this area may be helpful for finding solutions to questions relating to the scope of the employment relationship.BR For years, Korean trade unions and precariously employed workers have struggled for basic labour rights and a few of them collectively bargained or achieved a collective agreement. However, these efforts have been confronted with suppression caused by biased interpretation and a biased application of law. Employers usually refuse collective bargaining and suppress trade union activities on the pretext of decisions by public authorities.BR The Korean Confederation of Trade Unions (KCTU), with various social movement organizations, has been demanding legislation to ensure rights for precariously employed workers since 2000. The existing labour laws are inadequate to protect workers in the changing labour market and changing organization of work. Especially, since definitions of “employee” and “employer” in labour laws are based on the traditional regular employment relationship, precarious types of work such as triangular employment workers and independent workers are left outside the scope of labour laws. This article proposes the legislation that adjusts the terms ‘employee’ and ‘employer’ in labour laws to reflect changes in the world of work.

Given the pay and conditions experienced by many workers in the hospitality sector, it might be reasonable to expect that trade union activism and collective bargaining would be widespread in hotels, restaurants and bars. Yet the proportion of the hospitality workers that are trade union members is lower than the average for other service sector firms and well below the average for the wider economy. This chapter explores issues related to trade union membership and collective bargaining in the UK. It starts with a discussion of the nature of trade unions, their different types and general purpose in representing the interests of the workforce to their employer. The chapter explores the various forms that collective bargaining can take and the range of issues that are typically included as well as the collective actions that can be taken by employees when they are in dispute with employers. The chapter examines the hospitality sector so as to identify the causes of low trade union membership in an industry where the so-called trade union dividend could benefit many of the industry’s; most vulnerable employees.

INTERNATIONAL union rights Page 10 Volume 22 Issue 4 2015 The ACFTU reports ‘inadequate participation’, ‘emphasis on formalities’, ‘lack of specific content’, and ‘unsatisfactory outcomes’ – given this, what is the future for collective bargaining in China? FOCUS ❐ LABOUR SITUATION IN CHINA O ver the past decade or so, the international labour movement has stepped up its engagement with the Chinese State-backed monopoly trade union federation, the All China Federation of Trade Unions (ACFTU). While the current wave of labour NGO arrests discussed elsewhere in this edition will likely temper that engagement, at least for a while, it is unlikely permanently to set aside what has been a clearly developing policy with significant momentum over a number of years. Ultimately, greater engagement between the international labour movement and the ACFTU seems the likely outcome of at least three complimentary trajectories: the increasing interest of unions worldwide in the situation in China; the huge role Chinese industry now plays in the global economy; and the ‘big tent’ approach to organising that the ITUC seems to be pursuing, which is bringing an ever greater share of the global labour movement together. And so IUR extended an invitation to contribute to this edition to the ACFTU. Unfortunately, given the current climate neither the ACFTU nor indeed any of the NGO workers or academics we contacted working in China felt that this was a good time for them to contribute to an international journal. And so, unfortunately, this edition of IUR, focussed on China, is lacking the perspective of the national trade union organisation , which also happens to be the largest union on earth. Whether one supports or opposes engagement with that organisation, it seems at the very least worthwhile to do what we can to examine that organisation’s current thinking, and to try to gain some sense of what it believes are the major challenges for the Chinese working class, and how it sees the evolving dynamics of labour in China. A reading of ACFTU’s official documentation and promotional material yields helpful insights into the organisation’s thinking. Over the past several years, the ACFTU has emphatically stuck to a single core topic which appears to have an overriding agenda above all others, at least if the frequency with which the topic is discussed is any indication. And that topic is collective bargaining . The 2014-2018 ACFTU Plan on Further Promoting Collective Bargaining, gives a clear indication of the continuing focus on this agenda: 2014-2018 ACFTU Plan on Further Promoting Collective Bargaining The All-China Federation of Trade Unions (ACFTU) has formulated its plan to further promote collective bargaining with a view to protecting the legitimate rights and interests of workers and facilitating harmonious and stable labour relations. Guiding philosophy The plan is inspired by the spirit of the 18th National Congress of the Communist Party of China (CPC), the 3rd Plenary Session of the 18th CPC Central Committee, and the important speeches of President Xi Jinping. It is based on the decision of the 16th National Congress of the ACFTU to ‘continue to promote collective bargaining for wider coverage and better effect’. The aim is threefold: • to give full play to the fundamental role of collective bargaining in adjusting labour relations, • to enhance the quality of collective bargaining and the effectiveness of collective agreements, • to further strengthen confidence, build consensus and overcome difficulties in collective bargaining work. The 2011-2013 ACFTU Plan on Promoting Collective Bargaining (ACFTU [2011] No. 4) had expanded the coverage of collective bargaining. However, there are still problems in the collective bargaining process: inadequate participation of workers, emphasis on formalities rather than actual effects, lack of specific content, unsatisfactory outcome of collective agreements and so on. It is therefore necessary to form a support system and efficient mechanism for collective bargaining which, with the full participation of workers, can yield real benefits for them. In this way, more and more workers will be able to feel satisfied with the results of collective bargaining; while trade unions can integrate the promotion of enterprise development with safeguarding workers’ rights, thus helping workers to achieve decent and enjoyable work as well as comprehensive development (continued…) (source: http://en...

The study attempted to find out the influence of trade union affiliation on organizational performance in the tea processing industry in Kenya. This interest was motivated by a scarcity of literature on the relationship between trade union activities and their impact on employee productivity and, thus, organizational performance. The researcher used research hypotheses to guide him in achieving the objectives. A review of the existing literature revealed that trade unions engage in a wide range of activities on behalf of their members. The study used a Case Study design, with Kenya Tea Development Authority (KTDA) managed factories serving as the study's unit of analysis. The sampling frame for this research included the sixty-six (66) KTDA-managed factories in Kenya, and the population was clustered into seven (7), according to the region of the factories. Simple random sampling was used to obtain a 30% sample of each of the seven (7) clusters. A purposive sampling was then used to select the Human Resource and Administration Managers, and simple random sampling to select two (2) unionizable employees, totaling three (3) respondents from each of the selected factories. Structured questionnaires were used as the appropriate research instrument to collect data from respondents. The study established that trade union affiliation had a significant relationship with the performance of an organization. The findings also revealed that trade unions play an important role in their members' work lives. Trade union activities, such as collective bargaining, strike actions, and employee representation, empower workers and eventually make them confident and productive, increasing organizational performance. The study recommends that trade union activities and a positive working relationship with trade unions be encouraged because they are linked to improving organizational performance.

After experiencing its half-century golden period between 1950-2000, the system of trade unionism and collective bargaining, which arose with the concern of turning the class political struggle, which entered the agenda of humanity into a peaceful situation, faced a crisis of existence and function. A change in the understanding of Labor Relations and Business Management, a change in the perspective of working and production with modern human resource management techniques, has led to the need to reproduce the system of trade unionism and collective bargaining. Globalization, international competition and small businesses succumbing to mass production have led to trade union monopolism and cumbersome organizations. Trade union organizations have fallen behind the human resource vision they represent and have begun to fade in the trap of wage unionism. This led to a trend of changes in the way trade unionism was conducted, but the components of new trade unionism did not fall into place. The traditional collective bargaining system, which can find a living space thanks to the introduction of wage costs against the price-quality-sales performance in production, has had to express itself again as this cycle begins to be questioned. The main concerns about trade unionism have changed as follows: It has become vital that unionism is peace-oriented rather than fight-oriented, compromise-oriented rather than debate-oriented, solution-oriented rather than Problem-Oriented, Development and life-oriented rather than wage-oriented, strategy and employment-oriented rather than bargaining-oriented. Therefore, especially in trade unionism, it is clear that there is a need for “trade unionism and community bargaining system reform”, which begins with the qualifications and election times of trade union managers and extends to managing flexible working models and from there to the correct perception and correct interpretation of international company relations and paves the way for entrepreneurship. Keywords: Trade Unionism, Collective Bargaining, Labor, Industrial Relations, Productivity, Innovation, Human Resources