Collective Bargaining Research Articles

The right to fair pay and two paradigms of prison work

Is the low level of wages paid to prisoners for their work morally wrong and contrary to the human right to fair pay? This article contrasts two paradigms of prison work, one in which it is an ordinary market transaction to which normal employment rights should apply, with the rival and dominant paradigm that prisoners do not have contracts for the performance of work and sums paid to them are not pay or remuneration but rather a small incentive to perform work in a diligent way. The article also considers what would be required for prisoners’ pay to comply with the human right to fair pay, which has been viewed in three different ways – the right to be a member of a trade union for the purpose of collective bargaining, the right to a living wage that enables a life of dignity, and the right to equal pay with others who perform similar work.

Employee Compensation of Nonprofit Child Welfare Agencies in New York: Crises and Strategies

ABSTRACTWhile existing literature documents the low compensation of nonprofit human services workers, it is not well understood how managers of these organizations perceive and respond to the problem. Adopting resource dependency and competing institutional logics perspectives, we chose the New York nonprofit child welfare sector—a heavily government‐funded field—as a collective case to study these issues. Based on interviews with 17 leaders of the primary NY nonprofit child welfare agencies, we found that these agencies' employee compensation was primarily constrained by government contracts, and they were torn by conflicting institutional logics from the state, the labor market, private funders, and unions. Overall, government contracts and market competition determined worker pay, and nonprofit child welfare agencies faced labor competition not only from peer organizations, but also from the government and for‐profit sectors. With the “great resignation” atmosphere and increased cost of living intensified by the COVID‐19 pandemic, agencies were under tremendous pressure to raise worker pay. However, programs chronically underfunded by the government were incapable of providing competitive wages and were experiencing high staff turnover and vacancies. Agency leaders agreed on the need to push the government to pay programs adequately but disagreed about advocacy goals and messaging. Most leaders had reservations about aggressive collective bargaining measures such as “going on strike.” These common but attenuated labor dynamics, related managerial responses, and implications for the future of the sector are discussed, particularly in response to competing institutional pressures.

Tackling Labour Monopsony by Gig Platforms: The Anti-Monopoly Law as an Alternative Legal Approach to the Labour Law System in China

Abstract In the gig economy, workers could be subject to exploitative and coercive practices by platforms and their stringent labour algorithms. Since gig workers are not defined as typical employees, the Chinese labour law system fails to adequately protect gig workers. Furthermore, the limited scope of labour law protection is also another reason for the ineffectiveness of the Chinese labour law system. Even if gig workers can be identified as employees, the regulation of labour algorithms is uncovered by the existing labour laws. Additionally, collective bargaining rights of gig workers may help but as explained in Section 4, they are still immature and collective barging practices are likely to violate the Chinese Anti-Monopoly Law. This article claims that the enforcement of the Anti-Monopoly Law can be an alternative approach to protecting gig workers as the gig platforms may constitute a labour monopsony. Therefore, anti-trust enforcement can step in and punish exploitative and coercive practices harming gig workers. However, there are limitations of the Anti-Monopoly Law in dealing with these practices and thereby the advantages of the Chinese labour law system regarding the protection of gig workers should still be taken seriously.

The Future of Collective Bargaining between Labour and the Employer after the Case of Public Servants Association v Minister of Public Service [2021] 3 BLLR 255 (LAC)

The Future of Collective Bargaining between Labour and the Employer after the Case of Public Servants Association v Minister of Public Service [2021] 3 BLLR 255 (LAC)

The Key Role of Cooperatives in Sustainable Agriculture and Agrifood Security: Evidence from Greece

This research investigated the role of agricultural cooperatives (ACs) in promoting sustainable agriculture and agrifood security, with a particular emphasis on Greece. A cross-sectional survey technique was employed, and data were collected from 400 farmers and professionals either employed by or associated with Greek agricultural cooperatives by administering an online questionnaire. A response rate of 96.5% was achieved. The study findings show that cooperative techniques bring about a positive shift in agrifood security and sustainable agriculture. Particularly, participants concurred that resource sharing among cooperative members increases farm productiveness and sustainability by 94.2% while improving access to credit and financial support by 91.5%. Moreover, 84.3% agreed that access to up-to-date information enhances the practice of sustainable agriculture, and 95.1% agreed that collective bargaining through cooperatives increases the prices of agricultural commodities. Regarding the application of advanced technologies in cooperative practices, 96.7% of the participants acknowledged that it improved farm efficiency. The cooperative model demonstrates how agricultural expansion may be achieved by collective bargaining, information sharing, resource sharing, and technological integration, while also considerably improving agrifood security and sustainability. These findings highlight the crucial importance of cooperatives in increasing the level of agricultural production, ensuring sustainability, and improving agrifood security in Greece.

Performance indicators of the red grouper (Epinephelus morio) fishery along the Yucatan coast, Southeast Mexico

This study assesses the Fishery Performance Indicators (FPI) of the red grouper fishery, currently overexploited, aiming to identify factors for sustainable management and economic growth. Evaluation spans commercial and recreational fishing activities and encompasses output indicators focusing on ecology, economy, and community, through 68 metrics, including measures related to stock abundance, ecosystem impacts (e.g., habitat degradation, bycatch rates), and social aspects (e.g., community participation in management). Input indicators assess enabling conditions such as diseases, water quality, air pollution, biodiversity, etc. Scoring involved reviewing fishery data and information from various sources including scientific literature, technical reports from workshops and meetings, journalistic notes, databases, and unpublished data; with each metric scored according to its specific system. The red grouper fishery exhibits strengths in harvest and community involvement but grapples with stock and ecological concerns. Medium-size fleet perform adequately, yet challenges arise from aging vessels and market fluctuations. Artisanal fleet encounter issues like illegal fishing and economic struggles, while recreational fishing faces stock and ecological worries. Persistent environmental and governance challenges underscore deficiencies in management practices and fishing markets. Enhancing the red grouper fishery requires fair pricing, effective stock management, and sustainability efforts in co-management, fisheries management, and post-harvest processes. Improving gear selectivity is crucial for effective stock management, involving minimizing catches of juvenile red grouper and incidental species. Insufficient bargaining power results in an unfair market and disadvantages for fishermen, leading to losses. To address these issues, it is essential to diversify market channels, stabilize prices, and advocate for fair pricing mechanisms. Empowering fishermen through collective bargaining and regulating credit agreements can ensure fairness. Additionally, policy interventions are necessary to support fishermen and foster a more equitable industry.

Unionization rates, inequality, and poverty in Canadian provinces 2000–2020

Unions can increase the power of workers through both collective bargaining and political avenues, potentially creating less income inequality and poverty. However, this potential may not be realized. Drawing on power resource theory, this study uses panel data to investigate the connection between unionization and two measures of after-tax inequality – the income share of the top 1% and the Gini coefficient – and three measures of poverty – the percentage of the population below the low-income cut-off, the average income of the bottom decile, and the percent of the population below the low-income measure – between Canadian provinces from 2000 to 2020. We find that unionization is negatively associated with income inequality in Canada. This relationship is statistically significant. However, we do not find evidence of any statistical association between unionization and poverty in Canada.

Testing the algebraic modeling of competitive impacts from wage premium shocks: a case study from a booming airline market

Labor relations issues such as collective bargaining and strike threat power have recently gained increased attention in the Brazilian air transportation market due to a short-term shortage of qualified workforce, leading stronger pilot unions to demand higher wages and better working conditions. Exacerbated by the notable expansion of the Brazilian economy between 2020 and 2023, where air travel demand surged by 60%, this pressure has driven labor costs to grow more rapidly than other cost categories. This paper examines exogenous flight crew cost shocks, treating these as increases in wage premiums resulting from stronger unionization and higher labor market rents. Using a differentiated duopoly model, we analyze the impact of these wage increases on competition between a major network carrier and a small low-fare carrier, introducing the hypothesis of non-exhausted economies of density. Our findings indicate that smaller airlines are more adversely affected by labor cost shocks, though differentiated wage increase schemes can mitigate these impacts, reducing market concentration and preserving consumer welfare. This study contributes to the literature by incorporating wage premium shocks into existing models and suggesting that labor regulations in Brazil should be liberalized to address the rapid growth in air transportation demand and the resultant workforce shortage.

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.

The politics of the minimum wage: Explaining introduction and levels

AbstractThere is much economics research on the effects of minimum wages, but little research on their politics. Yet, ever more advanced capitalist democracies have introduced minimum wages, and the setting of minimum wage levels has become increasingly politicized. This article is the first comprehensive study of the politics of the minimum wage: We analyse the determinants of adopting minimum wages as well as what explains variation in their levels over time, based on a dataset of 33 OECD countries from 1960 to 2017. We find that the decline in collective bargaining is the main driving force behind the introduction of ever more minimum wages. At the same time, left‐wing parties in government are most likely to adopt a minimum wage when bargaining coverage is low. Left governments are also associated with higher minimum wages, especially when the government has full control over level‐setting.

College Athlete Unionization

The U.S. Supreme Court’s landmark 2021 decision in NCAA v. Alston has opened the door to serious consideration of the potential for college athlete unionization and collective bargaining. The ruling, highlighted by Justice Kavanaugh’s concurring opinion, suggests collective bargaining as a potential solution to the National Collegiate Athletic Association’s (“NCAA’s”) antitrust vulnerabilities. This Article delves into the initial legal and strategic questions surrounding the prospect of unionization, focusing particularly on NCAA Division I football and basketball, due to their significant revenue generation making them prime candidates for unionization efforts. The National Labor Relations Board (“NLRB” or “Board”) is positioned to play a central role in the unionization attempts at private universities and potentially influence public university efforts. A recent NLRB complaint against the University of Southern California (“USC”) accusing the institution of misclassifying student athletes as non-employees will answer some important labor law questions that will likely guide future unionization efforts. Moreover, the Service Employees International Union’s (“SEIU’s”) successful union election bid involving the Dartmouth College men’s basketball team represents a significant step forward, marking the potential beginning of college athlete unionization. This Article provides a comprehensive examination of the issue, starting with the NLRB’s involvement and its pivotal decision regarding the Northwestern University case. It proceeds to dissect the Supreme Court’s Alston decision’s implications for unionization and collective bargaining. It further explores the complex labor and employment law intricacies, such as the definitions of employee and employer, appropriate bargaining units, and the NLRB’s jurisdiction over public universities. Finally, it theorizes on how unionization may unfold, outlining possible challenges, pitfalls, and the expected advantages for college athletes through collective bargaining.

The Irish Human Rights and Equality Commission report on the Constitution and collective bargaining – a critique

The Irish Human Rights and Equality Commission report on the Constitution and collective bargaining – a critique

The Freedom of Association as Seen by the International Administrative Tribunals

Abstract Rules governing international civil service as compared with national law are not always clear. The ways that international administrative tribunals protect the principle of the freedom of association and identified the rights by which this principle is manifested and realised are interesting as the realisation of those rights is not always obvious in international organizations. The right to organise, the right to strike, the right to be consulted and the collective bargaining are not words that can be found in constituent documents of international organizations. But they are indispensable for proper function of the organizations. The case law of the tribunals, which this article wishes to present, thus contributes to creating a harmonious workplace for officials of international organizations.

Solidarity and Suppression: The Power Struggle Between Labour and the State in Canada, 1914-24

During and after the First World War, labour groups in Canada mobilized to ameliorate their position as members of the working class. In their struggle to secure better hours, improved working conditions, and the right to collective bargaining, union activists resorted to increasingly radical measures to achieve their goals. These actions, however, were soon met with swift opposition from the state. Through restrictions on unions, crackdowns on strikes, and surveillance of their activities, labour faced formidable opposition from the economic and security apparatus of the state in the immediate postwar years. Since then, the struggle between workers and the state has called into question the collective solidarity of the Canadian labour movement. To answer that question, this article comparatively evaluates the strength of the labour movement to the strength of the state in Canada from 1914 to 1924. In so doing, it demonstrates that while the state was successful in its efforts to suppress labour, the extremity of this reaction testifies to the power that labour ultimately commanded at this time.

Access of Platform Workers to Collective Rights – the Fall of the Binary Divide?

The paper addresses the issue of self-employed platform workers’ access to collective labour rights from the perspective of international law (ILO) and supranational European law (EU and Council of Europe). In this regard, the paper addresses the right to collective bargaining, the right to strike and the collective right to information and consultation. The main finding is that at the current stage, the relevant international and European legal framework is not providing access of self-employed platform workers to all examined collective labour rights. In light of the analysed legal developments the binary divide “has fallen” (for those self-employed platform workers who fulfil the 2022 Guidelines criteria) regarding access to collective bargaining. Therefore, as argued in the paper, also access to the right to strike should be ensured for the latter platform workers due to the purposeful interconnectedness and inseparability of both rights. Nonetheless, the binary divide is remaining “firm” regarding access to collective information and consultation rights. The latter remain accessible (including considering the Platform Work Directive proposal) only to platform workers with a subordinate “worker” status. However, as argued in the paper, the possibility to drop the binary divide (at least regarding certain matters) also in relation to collective information and consultation rights (in the context of platform work) should be seriously considered.

Continuous training in collective bargaining

Collective bargaining should give priority to training aspects in business policy with the aim of increasing the knowledge and professional development of employees, addressing aspects as varied as the ongoing development of skills and professional qualifications, the definition of individual rights to training, individual leave for this purpose, and especially training activities, promoting their quality and the application of subsidies to finance them. However, despite the leading role of collective bargaining in bringing training closer to workers and meeting the needs of employers to improve the skills of the workforce and improve productivity, there are still many gaps in the practice of collective bargaining. However, after the conventional search carried out, it is also possible to locate agreed regulations that give a prominent role to training, based on its consideration as a strategic element that makes it possible to make business competitiveness and productivity compatible with the importance of providing workers with the knowledge and practice appropriate to the professional skills required within the framework of a lifelong learning process, as required by European bodies.

Recent judicial rulings on collective bargaining

This study aims to take a look at the most outstanding interpretative questions of the current regulation of collective bargaining, analysing the criteria that has been given to them by the jurisprudence of the Supreme Court. From this analysis it can be deduced that the rulings handed down on the matter have on some occasions been clarifying, providing the necessary legal certainty, on other occasions it has been a creative jurisprudence that has not failed to spark debate among scientific doctrine and, finally, in some cases, the difficulties in applying such criteria are pointed out, even pointing out on occasion the opportunity to carry out some type of legal intervention to definitively solution to the regulatory gaps detected.

Nursing peer feedback: Optimizing our relationships with human resources and collective bargaining organizations

Nursing leaders have recognized the need for consistent mechanisms to promote and sustain nursing professionalism. Peer-to-peer feedback and peer review are widely effective for nurse professionalism and self-regulation, patient care outcomes, and retention. Unprofessional behavior has been noted as widespread in health care and the effects on patients, clinicians, and organizations have been well-documented. Approximately 10% of the registered nurses in the United States belong to a collective bargaining unit (CBU) or union. This article will describe how a peer feedback program to address unprofessional behavior was implemented in a Magnet nursing practice with CBU representation.

Contextualizing the Resurgence of U.S. Housestaff Union Activity.

There is a growing trend of resident and fellow physician unionization in the United States, with 14 new housestaff unions formed at private employers since 2022. This resurgence of housestaff union organizing parallels the last era of housestaff activism in the 1960s. Today's housestaff organizing takes place within the context of longstanding challenges in medicine, including the burnout and systemic inequities highlighted by the COVID-19 pandemic, and an increase in national activism and labor organizing. Housestaff unions offer opportunities for residents and fellows to negotiate for improvements across multiple issues.In this Commentary, the authors focus on common bargaining topics: poor working conditions, undercompensation, and inadequate representation in an increasingly corporatized health care landscape. The authors also discuss the role of collective bargaining for improving the housestaff experience and address common concerns about unionization. Finally, the authors explore the limited evidence of the impact of unions in health care settings and outline key considerations for future scholarship.The current generation of housestaff started their medical careers with an awareness of systemic challenges to the profession and have responded through collective organizing. While the short- and long-term ramifications of housestaff organizing need further study, the authors express optimism that unionization will lead to improved working conditions and thus improved health care delivery.

Diversity of flexible working time arrangements and workers' health: An analysis of a workers’ panel and linked employer-employee data for France

Flexible working time arrangements (FWTA) have increased over the last decades, favored by labor market deregulation, the decentralization of collective bargaining and the development of new technologies. The negative impact of some non-standard working hours on health (like night work, shift work) is quite well-known but other forms of FWTA have been studied less so far.This article aims to investigate the relationship between FWTA and workers’ health. It focuses on employer-oriented FWTA and uses a job demands-control framework to identify different types of working time demands and control.The study uses individual data from the French working conditions survey, including panel data from 2013 to 2019 (64,981 observations) and cross-sectional employer-employee linked data from 2019 (5687 employees from 4672 workplaces).We identify empirically two main dimensions of employer-oriented FWTA, based on 14 working time variables. The first type involves “atypical working hours”, such as working weekends, nights, early mornings, evenings, or doing shift work. The second type – “work overflow” – is characterized by long working hours, overtime, taking work home, and having variable working hours.Using a fixed-effects model based on panel data, we show that both types of FWTA have a negative impact on workers' self-rated general health and mental health, as measured by the WHO-5 index. The study also finds that workers who have more control – both individual and collective – to face these demands demonstrate better health. Workers with control over their working hours report better health and are less negatively affected by FWTA. Moreover, workplace-level practices have ambiguous relationships with workers' health. However, those involving social dialogue and workers’ participation have more favorable effects: the positive effect of health and safety committees is especially clear.To improve workers’ health in the context of increased flexible working time arrangements, public policies should promote the development of control over working time and participation of workers to social dialogue on working time related issues.