Collective Bargaining Agreements Research Articles

The NFL as “not for long”: the NFL draft and teams’ discount rates

PurposeTo present a method for calculating the discount rate that teams apply to future-year draft picks relative to current-year draft picks and then apply that method to the actual draft picks and trades over the period 2011–2022.Design/methodology/approachThe National Football League (NFL) Draft permits teams to trade the selection rights for current-year and future-year draft picks. We seek to calculate the discount rates associated with NFL Draft trades. With this method, we calculate the discount rate for each trade by NFL teams involving a combination of current-year and future-year draft picks since 2011, when the NFL ratified a new collective bargaining agreement that instituted a draft-pick salary scale and capped the length of draftees’ contracts.FindingsWe find that teams' annualized discount rates in trading away future-year draft picks are quite steep, averaging more than 100% per year. These steep discount rates suggest that teams are pressured by market competition to adopt a “win now” approach in devaluing the future draft choices relative to the present draft choices.Research limitations/implicationsThe actual discount rate for each trade is not known with certainty when the trade is transacted. This uncertainty arises because the within-round order of future-year picks is determined by teams’ future performance, which is not known at the time of the transaction.Practical implicationsIn reporting these findings, we acknowledge the limitations of our analysis. The dataset is small, as there are on average between five and six trades per year involving current-year and future-year picks. More observations could have been included by extending the timeframe to before 2011, but we opted against doing so because the NFL’s 2011 CBA changed teams’ draft calculus by imposing a draft-pick salary scale and capping the length of draftees’ contracts. In addition, our discount rates as calculated are ex post facto in that they are calculated after the future-year drafts have been held. While these are the actual discount rates for the trades as transacted, the actual discount rate for each trade is not known with certainty when the trade is transacted. This uncertainty arises because the within-round order of future-year picks is determined by teams’ future performance, which is not known at the time of the transaction. As an aside, we also re-estimated each trade’s discount rate with an adjustment for that uncertainty, and the median discount rate for all 61 trades was still over 100% per year.Originality/valueProviding insights into NFL Draft management behavior and decision-making for current-year and future-year draft picks since 2011, when the NFL ratified a new collective bargaining agreement that instituted a draft-pick salary scale and capped the length of draftees’ contracts.

Unpaid overtime and non-standard employment among young people in Europe: do national context and institutions matter?

ABSTRACT This article presents a multilevel analysis of unpaid overtime among young people (aged 15–34) across EU-28 member states. It finds that non-standard employment and the specific characteristics and institutions of Europe’s labour markets are related to unpaid overtime. Use has been made of the European Union Labour Force Survey database for 2019. The econometric analysis shows that a national level and a greater scope of collective bargaining agreements, a higher rate of involuntary part-time employment and lower levels of unemployment expenditure increase the probability of unpaid overtime among young people. Furthermore, our results reveal that how flexibility is boosted in European countries drives unpaid overtime. Temporary employment, working from home and a higher number of hours worked are positively related to unpaid overtime, while part-time employment and temporary work agencies are negatively related. Finally, the older and higher educated young workers have a greater propensity towards unpaid overtime, while there is a negative effect of shift work and no significant one in terms of gender and the degree of protection against dismissal. Policy implications for the implementation of flexibility policies and working time regulations are also discussed.

Conceptualizing Teachers Unions as Organizations Leading for Equity

Purpose: Teachers unions in the United States are increasingly taking up issues of equity and justice. While there is a growing and robust body of scholarship on leading for equity, unions are rarely included as sources of education leadership. This creates an opportunity to not only consider unions in these equity efforts, but also re-shape our understandings of the shifting purposes and priorities of unions themselves. Methods: This paper synthesizes the literature to argue for the conceptualization of teachers unions as consequential sites of equity-focused leadership. Drawing from a larger year-long qualitative case study of a social-justice minded teachers union, I illustrate how a union may infrastructure towards equity by highlighting key mechanisms by which they lead. Findings & Implications: Through the creation of a union-based equity center and leveraging the collective bargaining agreement, this teachers union was able to implement formal structures to prioritize racial equity, educator agency, and autonomy. Unions are making strides to lead for equity and should be examined as a form of district leadership. Investigating these new contexts expands our conceptualizations of leadership and opens new possibilities for systemic change.

Decent Work Practices Incorporated in the Collective Bargaining Agreements of Unionized Firms

We investigated the decent work practices related to employment at work, rights at work, social protection, and social dialogue incorporated in the Collective Bargaining Agreements (CBAs) of unionized firms. We analyzed qualitatively the various provisions of each of the 20 CBAs of unionized firms from diverse industries in the Philippines that come from manufacturing, hotels, resorts, health, education, telecommunication, and public utilities. Findings revealed that the CBAs' provisions articulate many significant provisions on decent work practices. Specifically, the employment-at-work provisions revealed 14 main themes related to benefits, employee classification, wages, work hours, and opportunities for advancement. Eight key themes were identified on rights at work provisions: employee development, protection against discrimination, safeguards against company closure, sale, lease, transfer, or merger, protection against lay-offs and retrenchment, shared social responsibility, and the ban on labor contracting. On social protection provisions, twelve main themes emerged: maternity benefits, other social security benefits, job security, extended financial assistance and loan benefits, and medical/health care incentive programs. On social dialogue provisions, 11 main themes evolved about union-management communication, acknowledging the current labor union as the sole bargaining representative, the institution of grievance machinery, the union's right to information and consultation, as well as the presence of the Labor-Management Committee. The overall results underscored the important role of the union through its collective bargaining power in ensuring that decent work thrives in the workplace. We recommend implementing the “one union one industry policy” as stipulated in the Labor Code; strengthening the conceptual, technical, and behavioral skills of the union leaders; treating unions as social partners; and undertaking research studies that can benefit both the union and management during their CBA negotiations. These efforts can open more opportunities for unions and those workers covered by CBAs to actualize the ILO conventions of guaranteeing decent work that will transform people and organizations toward a sustainable mindset that includes justice, peace, and equality for the common good of the future generation of working people.

Why are workers in the Spanish energy industry more likely to earn higher wages than other Spanish workers?: Wages in the Spanish energy sector

In Spain, 85.5 % of energy industry workers have a salary that is more than the Spanish average salary. We apply a binomial logit model based on the maximum likelihood estimation method to analyze the factors that determine the probability of obtaining these higher wages. The sample used was taken from the Wage Structure Survey (2018) prepared by the Spanish National Institute of Statistics. Firstly, the results show that this sector has a consolidated workforce and that the workers' educational levels are appropriate for their jobs. Secondly, there are no gender-based wage differences in this industry. Finally, working conditions and wages are established through collective bargaining agreements at the company level, which stands in contrast to other types of agreements established in the rest of the Spanish economy.

Challenges to the exercise of collective labour rights outside the employment relationship

The importance of the issues covered in this article is due to the impact of information technologies on the labour sphere, transformation of the features of “classical” labour relations and the need to rethink the categories of “employee” and “employer” in order to ensure the exercise of collective labour rights, such as the right to association, collective bargaining and collective action by all workers regardless of the form of employment, first of all, by dependent self-employed persons. The author emphasises that the ILO, the CJEU in the opinions of their supervisory bodies, and the EU Court of Justice in their judgments use a broad approach to the interpretation of the concept of employee, including self-employed persons, in particular, in the context of exercising the right to association and collective bargaining. The author presents the experience of certain European countries, in particular, France and Poland, in terms of legislative consolidation of fundamental labour rights for self-employed persons. The article demonstrates that courts in different jurisdictions have different approaches to resolving the issue of the legal status of platform workers using the example of the decision of the Supreme Court of the United Kingdom and the Spanish court in the Deliveroo case. It is stated that in Ukraine today, one of the fundamental labour rights - the right to join a trade union de jure is not limited by the existence of an employment relationship or the status of an employee. At the same time, the right to collective bargaining, collective bargaining agreements and the right to collective action to protect one’s rights, which are an integral part of the right to freedom of association, is de facto only possible for those who are in an employment relationship based on an employment contract and have the status of an employee. As a solution to this problem, it is proposed to introduce a broad category of “working” or “employed” in national legislation, which will be used exclusively for the purposes of unionisation, exercise of the right to collective bargaining, conclusion of collective agreements and collective action. Such a definition should be separated from the definition of the narrow concept of an employee under an employment contract used in the context of individual labour relations.

Improving Labour Laws in Ghana: An Analysis of Collective Bargaining Agreements

Abstract Collective bargaining agreements are the internationally recognised tool used to create a peaceful platform for employers and employees to come to the negotiation table and address their concerns peacefully. However, the Ghanaian labour setting is charaterised by constant agitations between employers and their employees, hence the concern of the study. The research methodology used in this article is qualitative, using specific research tools such as the descriptive method, dialectical materialism, analytical, and synthesis method. The findings of the article reveal that the Ghanaian labour laws contained in the Labour Act 2003 (Act 651) on collective bargaining agreements are defective mostly in its formulation, execution, and application. Among other defects, the Labour Act 2003 is too vague with no clear timelines. In this regard, the study recommends effective solutions on how to deal with these defective laws so as to ensure a cordial relationship between these two labour parties in Ghana.

TRANSFORMATION OF REPRESENTATION IN LABOR LAW

The article describes the changes in labor relations in Kazakhstan. Legislative body actively changed labor relations. The article investigates the changes in the institution of "representation", manifested in the issues of collective bargaining agreement (CBA).|The research reveals that the relations of the employee and his representative have a special order. With the beginning of the twenty-first century, the staff has much less legal tools to control and influence the text of the CBA. The will of a staff in a CBA is expressed weakly and indirectly. The analysis demonstrates that the number and scope of employees' rights in the process of drawing up and entering into a CBA has decreased. The authors conclude that the representation of employees in the XXI century has undergone significant changes.

Predictability and transparency of working conditions for food delivery platform workers across selected EU countries

AbstractWhile prior research has demonstrated the poor and unpredictable working conditions and ambiguous working arrangements characteristic of platform‐based food delivery, we lack research on the question of how well these workers are informed about essential aspects of their work, including protection of their rights, working time and schedules, and earnings. Comprehensive and transparent information on working conditions at an early stage is indispensable if workers are to be able to make informed decisions on taking up work and, where relevant, investing in equipment and exercising rights linked to a specific job. Drawing on the multi‐dimensional job quality literature, this article focuses on digital labour platforms in the food delivery sector across four countries: Denmark, Germany, the Netherlands and Spain. We exploit firm‐level variations, including with regard to the types of work arrangements used and the application—or not—of collective agreements. We draw on information provided to riders during the application process prior to the start of employment, including via websites and FAQs, as well as scrutiny of contracts, service agreements and collective bargaining agreements, where relevant. This information is complemented with interviews with trade union representatives. Our findings point to the relationship between a firm's choice of employment status and form of contract, on one hand, and the predictability and transparency of information provided to workers, on the other. Differences and similarities in such information seem to be more strongly bound to firm‐level decisions than to the welfare and industrial relations regimes in which the platform companies operate.

Works councils as gatekeepers: Codetermination, management practices, and job satisfaction

This paper analyzes the role of works councils as gatekeepers safeguarding employee's interests in the adoption of management practices to monitor employee performance and provide feedback. We first introduce a formal model predicting that (i) the introduction of such management practices leads to a stronger increase (or weaker decrease) in job satisfaction when a works council is in place, (ii) that this effect should be larger the lower the prior level of employee participation and (iii) that works councils increase the likelihood of the implementation of these practices at the level of individual employees. We provide evidence in line with these hypotheses, using linked-employer-employee panel data from Germany. We indeed find that the adoption of formal performance appraisals and feedback interviews is associated with a significantly larger increase in job satisfaction when there is a works council. This pattern is driven by establishments without collective bargaining agreements. The evidence also suggests that works councils indeed facilitate the implementation of such management practices, as codetermined firms have a higher likelihood that a practice implemented on the firm level is actually applied by middle management.

The Legal Effects of Collective Bargaining In Employment Contract In India

This paper explores the legal implications of collective bargaining on employment contracts in India. Collective bargaining, as a cornerstone of labor relations, serves as a mechanism for negotiating terms and conditions of employment between employers and employees. In the Indian context, where labor laws are robust and protective, understanding the legal effects of collective bargaining is crucial for stakeholders in employment relationships. Through a comprehensive examination of relevant statutes, case law, and practical implications, this paper elucidates how collective bargaining agreements influence the rights, obligations, and enforceability of employment contracts. It delves into the role of collective bargaining in shaping wages, working conditions, benefits, and dispute-resolution mechanisms within organizations and industries. By analyzing the intricate interplay between collective bargaining and the legal framework governing employment contracts, this paper highlights the significance of collective bargaining as a means to achieve fairness and equity in labor relations. It provides insights for employers, employees, policymakers, and legal practitioners to navigate the complexities of employment contracts and foster harmonious labor-management relations in India.

A Precarious Path to Partnership? The Moderating Effects of Labour Market Regulations on the Relationship Between Unstable Employment and Union Formation in Europe

Rising employment uncertainty featured by higher risks of being temporarily employed or unemployed is often seen as the driving force behind delayed and declined partnering in Western countries. However, such an employment–partnering relationship is contextualized by labour market institutions and thus could diverge across countries over time. This paper aims to investigate how country-level variations in labour market regulations moderate individual-level effects of unstable employment on union formation, including the transitions into marriage or cohabitation unions. Using comparative panel data for 26 countries from the European Union Statistics on Income and Living Conditions (the years 2010–2019), our multilevel fixed effects models showed that temporary employment and unemployment negatively affected the probability of union formation for single women and men in Europe. Moreover, the negative relationship between unstable employment and union formation was reinforced when labour market reforms were stimulating insider–outsider segregations or decreasing welfare provisions. Specifically, stricter employment protection legislations and higher coverage rates of collective bargaining agreements could reinforce the negative effects of temporary employment and unemployment on union formation, while more generous provisions of unemployment benefits could buffer such negative effects.

Improving the quality of working life of employees (on the example of social partnership acts and judicial practice)

Quality of working life is a concept used in regulations adopted at the regional level. At the same time, employee satisfaction with the quality of working life is characterized by various indicators, including compliance of working conditions with safety and labor protection requirements, as well as additional guarantees and compensations provided by the employer to the employee. Providing additional guarantees that affect the employee’s subjective satisfaction with the quality of work life can be achieved by including appropriate conditions in collective bargaining agreements, agreements, and employment contracts. The author of the article analyzes social partnership acts and judicial practice in disputes regarding the implementation of the terms of employment contracts that improve the quality of life of workers.

Revisiting Picketing within the Framework of Turkish Labour Law

In the context of collective labour disputes, which often arise during negotiations for a collective labour agreement, various methods are employed by both employees and employers to resolve conflicts. Strike, one such method, involves employees abstaining from work or disrupting workplace activities to seek better working conditions or secure new rights. Strikes can be lawful or unlawful, depending on whether they adhere to the conditions specified in the Law No. 6356 on Trade Unions and Collective Bargaining Agreement. Picketing, another combative method, is utilized in labour law to address collective labour disputes and is closely linked to the freedom of expression. While colloquially defined as personal or collective protests using banners, picketing in labour law refers to employees gathering at the entrance of their workplace during a strike to voice complaints about the employer and persuade others to join the strike. This study aims to explore the concept of picketing within Turkish labour law and compare it with practices in Anglo-Saxon jurisdictions.

Wages and Labor Relations during Francoist Developmentalism: The Role of the New Unionism

AbstractThe relation between wage growth and the reconstruction of the labor movement in Spain, during the developmentalist Francoist regime (1957-1975), has been controversial. Applying the power resources theory in order to explain wage growth, this paper argues that the rise of the labor share was the result of the increased bargaining power of workers in spite of repressive policies of the Francoist government. The action of new trade unionism mobilized the following power resources. First, the structural power increased as a consequence of techno-economics transformations of Fordism and a generational change of the labor force. Second, the associational power increased due to new organizational forms, with more democratic modes of collective action and combining clandestine and legal actions, and the reappearance of collective bargaining with the Law of Collective Bargaining Agreements of 1958. These political opportunities opened up the possibility to the new trade unionist of developing the strategy of entryism that served as the driving force for worker mobilization.Consequently, the new trade unionists could mobilize their power resources in the three spheres, exchange, production, and politics, as a strategy by accelerating collaborative action, establishing a discursive and cultural framework, and allowing the articulation of the different trade union actions. In this way, internal solidarity was favored when a collective agreement was negotiated at the company or sector level (and not an individual contract, as it has been to date), due to the links with the social activities characteristic of the paternalistic management of labor relations and the presence of anti-Francoist organizations, the “network embeddedness” was strengthened. In turn, the successes in the consequence of wage increases and solidarity with other workers who were suffering repression increased the narrative resources that frame union actions. All this made it possible to counterbalance in part for the restrictions imposed by the dictatorship, which weakened the structural power of workers in the political sphere.The main contribution to the existing knowledge on the issue consists in explaining the apparent paradox between the wage policy of the Francoist government (oriented towards wage restriction) and the increase in labor share. This also serves to understand how labor markets and the wage-setting mechanism worked from a historical point of view. As a corollary, the previous analysis implies that the most important factor was the ability to mobilize workers successfully. The union strategy that combined democratic instruments of representation (assemblies) with clandestine and legal actions served as a catalyst for other productive and social changes. This reflects the primacy of the action of social actors for the worker mobilization theory.

The Principle Of Good Faith In Collective Labor Agreements Between Employers And Labor Unions In Review Of Contract Law

The principle of good faith is an important principle in contract law and is accepted in variouslegal systems, but until now the doctrine of good faith is still controversial Good faith is knownby 2 (two) phases, namely the pre-contract phase and the contract execution phase. The precontract phase is called subjective good faith, which means that good faith is more directedtowards honesty, while good faith in the contract implementation phase is called objective goodfaith, which means that good faith is interpreted as appropriateness and decency or justice. Awork agreement is an agreement between workers/laborers and employers or employers thatcontains working conditions, rights and obligations for the parties. The definition of workingconditions is the rights and obligations of employers and workers that have not been regulatedin laws and regulations. Work agreements made must not conflict with existing laboragreements or Collective Labor Agreements (KKB)/Collective Labor Agreements (PKB). Thisresearch uses normative legal research sourced from secondary data related to the researchtopic, secondary data that has been regularly arranged and then analyzed qualitatively. Fromthe research conducted, it was found that the position of the principle of good faith is veryimportant not only at the stage of making (signing) and post-making (implementation) of thecontract, but also at the pre-making (drafting) ) stage of the contract because in the practice ofcontract law the judge does use his authority to interfere with the contents of the contract. Thelegal consequences of a collective bargaining agreement that does not contain the principle ofgood faith are that if the subjective requirements concerning the subject of the CBA areincomplete, or in other words the requirements that must be met are not appropriate for thosewho wish to make a CBA, then the CBA that has been made can be requested for cancellation bythe trade union/labor union. If the cancellation is not requested by both parties concerned, thenthe PKB remains valid for the parties. The first legal effort made by PT United Rope with thelabor union is by way of deliberation to reach consensus first, although in dispute resolution ifthere is no good faith in the collective labor agreement is through 2 (two) systems, namely first,non -litigation / outside the industrial relations court, namely bipartite settlement, mediation,conciliation and arbitration, while the second settlement is litigation.

Against the tide: A case of industrial relations transformation in the Indian coal sector

AbstractAlthough the scholarly debate on industrial relations (IR) transformation is inclined toward the conclusion that the IR transformation is bound to take place with changes in the surrounding business environment, we observe a few exceptions in each economy. The current study investigates one of such curious IR contexts, that is, the Indian coal sector. We rely on the ‘logic of the action’ framework and the IR transformation measures to assess the sector at an aggregate and micro level. The coal sector in India consists of a mix of both permanent and informal workforce. With respect to the permanent workforce, we analysed the collective bargaining agreements spanned over five decades (1975–2021). For the informal workforce, we analysed the recommendations of the HPC on wages and working conditions, the provisions of relevant legislation, internal circulars of coal companies and important judicial pronouncements. Our analyses revealed vast differences in wages and working conditions between the permanent and informal workforce. Despite a significant decline in the permanent workforce, they could negotiate better terms as the growing size of the informal workforce was yet to form a collective bargaining mechanism for better wages and working conditions. These results are indicative of a paradox which needs to be explored further. Our study advances the thesis of adaptive state capitalism in the coal sector through functional and numerical flexibility despite a politicised multi‐union model in India.

The impact of the 2017 Collective Bargaining Agreement on wage discrimination in the NBA

ABSTRACT This research re-evaluates wage discrimination in the National Basketball Association (NBA) following the 2017 Collective Bargaining Agreement (CBA) being implemented. Using free agent data, weighted least square regression, and the Oaxaca-Blinder decomposition, our results indicate that race does not significantly predict NBA players’ salaries, on average, after the 2017 CBA went into effect. Nevertheless, quantile regressions show discrimination remains present for star players. The results emphasize the potential positive effects that labour union agreements bring to professional sports labour markets.

Analysis of Gender Differences in Sports — Taking American Professional Women’s Soccer as an Example

This article delves into the multifaceted realm of gender disparities in sports, focusing on the enduring challenges faced by female soccer players, notably within the United States. Highlighting the intertwined complexities of gender biases, treatment discrepancies, and resource inequalities, it underlines the pervasive gender gap prevalent in various facets of sports, encompassing pay differentials, sponsorship limitations, and unequal access to training facilities. This research aims to explore the multifaceted demand for equal pay in professional women’s soccer through sociological and feminist lenses. It scrutinizes implications not only for female soccer players but also for broader gender equality pursuits in global sports. This investigation endeavors to illuminate pathways toward achieving parity between male and female athletes, envisioning inclusivity and equity in the sporting world. The study concludes with a series of recommendations to achieve equal pay for women in sport, emphasizing the importance of transparency, sponsorship, recognition, media representation and advocacy in collective bargaining agreements and governance. This research contributes to the ongoing debate on gender equality in sport and provides insights into potential solutions to the pay gap.

Forms of defense of the rights and interests of teachers

In this article, are analyzed the forms of defense of the employees’ rights and interests, with application to teachers, and the possible means of achievement within the various forms. At the same time, an attempt is made to determine the role played by teachers, and the place occupied by the alternative forms of protection of rights and interests – civic, juris-dictional non-judicial etc. – in relation to the basic forms of defense of rights and interests – judicial and administrative. As an example of the rights and facilities obtained by teachers in this way, is analyzed the acting collective bargaining agreement, as well as the conditions under which the teachers will be able to benefit from these facilities. The method used in the research includes the analysis of the normative framework in force, including the domain related social part-nership acts and the synthesis of existing rights and guarantees, resulting from collective bargaining.