Collective Industrial Relations Research Articles

Industrial relations, the New Right and the praxis of mismanagement

PurposeThe purpose of the article is to outline the insights provided by Alan Fox in Man Mismanagement in relation to the rise of the New Right political economy and the spread of unitarist managerialism. The article assesses the contemporary work and employment relations implications of mismanagement arising from a “second wave” of the New Right ideology from 2010 in the UK.Design/methodology/approachResponding to the Special Issue on Alan Fox, the article focuses on Alan Fox's book Man Mismanagement, considering industrial relations developments arising between the 1st (1974b) and 2nd (1985) editions relating to the political rise of the New Right. It reviews various literature that illustrates the contemporary IR relevance of the book and Fox's insights.FindingsThe New Right’s ideology has further fragmented work, disjointed labour rights and undermined collective industrial relations institutions, and macho mismanagement praxis is even more commonplace, compared to when Fox wrote Man Mismanagement. The stripping away of the institutional architecture of IR renders the renewal of pluralist praxis, like collective bargaining and other forms of joint regulation of work, a formidable task.Originality/valueThe value of the article relates to the identification of dramatic historical industrial relations events and change in the UK in Alan Fox's book Man Mismanagement, most notably relating to the rise to power of the Thatcherite New Right in 1979. Originality is evidenced by the authors’ drawing on Fox's ideas and assessing the implications of the “second wave” of the New Right in the contemporary industrial relations (IR) context of the 2020s under the conceptual themes of fragmented work, disjointed labour rights and undermined collectivism.

The European Social Dialogue as a source of EU legal acts following EPSU: Collective bargaining and industrial relations get lost in translation,

The European Social Dialogue as a source of EU legal acts following EPSU: Collective bargaining and industrial relations get lost in translation,

Towards inclusive collective industrial relations: Selected articles from theInternational Labour Reviewthroughout the last century

AbstractCollective industrial relations (CIR) are founded on particular rights that can be exercised only by employee representative bodies, not by individual employees. From the many publications on CIR that have appeared in the International Labour Review over the past 100 years, 15 contributions were selected for inclusion in this Centenary Issue. A criterion for the selection of an article was its focus on the strengthening of inclusivity ‐ that is, the extension of the protection afforded by CIR to as many people as possible and not just to privileged groups. Inclusive CIR are the precondition for reducing discrimination in the labour market and for universalizing decent work.

The decay and revival of sub-UK employer organisation: a response to Dr Ritson

ABSTRACT Dr Ritson published an article in this journal on Employer Associations (EAs) in the UK. He set out a case study of a sub-UK EA within the Engineering Employers’ Federation before criticising an article we published on countervailing power in the Human Resources Management Journal. Dr Ritson argues that we misunderstand the structures and roles of EAs, and that as a result our argument on countervailing power was misguided. We do not accept this critique, as he misread our empirical findings and misunderstood our arguments within the first period we examine, from the 1960s to 1979. Dr Ritson also criticized our arguments within our second period, from 1979 to 2016. But he does not have sufficient data to either substantiate his critique or develop an alternative argument. Such gaps prompt the question: what happened to sub-UK employer organisation after 1984? We argue that sub-UK EAs of the type analysed by Dr Ritson were marginalised by the decline of collective industrial relations. But a partial rejuvenation took place after 1999 as employers organised to countervail the power of devolved parliaments and assemblies, although revival was narrowly focussed and very different to the previous pattern.

Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan

Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.

PROCEDURE FOR EMERGENCY RELATIONS WITH THE HEAD OF THE ENTERPRISE OF THE INSTITUTION OR ORGANIZATION

The relevance of the article is that newer forms of employee representation and participation add an additional dimension to the picture of labor relations in some countries. The system of labor relations establishes formal or informal basic rules for determining the nature of collective industrial relations, as well as the framework of individual labor relations between the employee and his employer. Complicating the situation at the end of management is additional players, such as temporary employment agencies, contractors and contractors, who may be accountable to employees without control over the physical environment in which the work is performed or the ability to conduct safety training. In addition, public and private sector employers in most countries are governed by separate legislation, and the rights and protections of workers in the two sectors often differ significantly. Moreover, the private sector is affected by international competition forces that do not directly affect public sector labor relations. The author explores approaches to understanding the concept of manager as a subject of organizational and managerial relations in labor law. It is established that the peculiarity of the emergence of legal relations with the head of the enterprise, institution or organization is that their emergence is based on a complex legal structure consisting of several legal facts. It is established that the head is endowed with limits of responsibility and also clear limits of action. It is concluded that in the framework of professional activity the head of the organization, enterprise or institution performs various generalized labor functions that have a very diverse nature, results and working conditions. In a particular organization, enterprise or institution, the head faces different tasks, which allows us to talk about the existence of a process of continuous improvement of its labor function, because there is a high organizational independence. However, in the performance of the job function, the manager should not expand the limits of his competence, as another feature is the increased limits of his responsibility.

Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14

Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of action in respect of equal pay claims. The causes of action are: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. In addition to the introduction of section 6(4) to the EEA, the Minister of Labour has published the Employment Equity Regulations of 2014 and a Code of Good Practice on Equal Pay for work of Equal Value. This constitutes the equal pay legal framework in terms of the EEA.
 The Regulations sets out the factors which should be used to evaluate whether two different jobs are of equal value. It further provides for the methodology which must be used to determine an equal pay dispute and it sets out factors which would justify a differentiation in pay. The Code provides practical guidance to both employers and employees regarding the application of the principle of equal pay for work of equal value in the workplace, inter alia.
 Regulation 7 sets out factors which would justify pay differentiation. These factors are: (a) seniority (length of service); (b) qualifications, ability and competence; (c) performance (quality of work); (d) where an employee is demoted as a result of organisational restructuring (or any other legitimate reason) without a reduction in pay and his salary remains the same until the remuneration of his co-employees in the same job category reaches his level (red-circling); (e) where a person is employed temporarily for the purpose of gaining experience (training) and as a result thereof receives different remuneration; (f) skills scarcity; and (g) any other relevant factor. If a difference in pay is based on any one or more of the above factors then it is not unfair discrimination if it is fair and rational. This is spelt out in regulation 7(1).
 In Pioneer Foods (Pty) Ltd v Workers Against Regression 2016 ZALCCT 14 the seniority (length of service) factor was at the fore in the Labour Court. The Labour Court, on appeal, reversed an arbitration award in which the Commissioner found that paying newly appointed drivers at an 80% rate for the first two years of employment as opposed to the 100% rate paid to drivers working longer than two years in terms of a collective agreement amounted to unfair discrimination in pay. The CCMA, in essence, regarded the factor of seniority as a ground of discrimination as opposed to a ground justifying pay differentiation.
 Pioneer Foods is noteworthy as it is one of the first reported cases from the Labour Court dealing with the relatively new equal pay legal framework. It raises the following important equal pay issues: (a) is seniority a ground of discrimination or a ground justifying pay differentiation? And (b) what is the role of a collective agreement and good industrial relations when determining an equal pay claim? The purpose of this note is to critically analyse these issues and guidance will be sought from South African Law, Foreign law and relevant ILO materials in this regard.
 

Is Transnational Private Regulation Potentially an Effective Means of Promoting Collective Industrial Relations?

<p>This paper asks whether collective industrial relations can be promoted by means other than seeking change in public policy. Recent research points to the increasing significance of transnational private regulation (TPR) in developing economies. There is an emerging consensus that market incentives to improve wages and conditions of work can have a modest positive effect on measurable outcomes like hours of work, and health and safety. However, it appears that TPR has little impact on the capacity of workers to pursue such improvements for themselves via collective action. The paper takes a closer look at the potential of TPR to enhance worker voice and participation. It argues that this potential cannot be properly evaluated without understanding how local actors mobilise the social and political resources that TPR provides. The case studies presented show how different TPR schemes have been used by unions in Africa as a means to pursue the interests of members. The authors found that the scale of the impact of TPR in all of the contexts studied depended almost entirely on the existing capacities and resources of the unions involved. TPR led to the creation of collective industrial relations processes, or helped unions to ensure that certain enterprises participated in existing industrial relations processes, but did virtually nothing to enhance the political and organisational capacity of the unions to influence the outcomes of those processes in terms of wages and conditions of employment. The paper concludes that the potential of TPR to promote the emergence of collective industrial relations systems is very low.</p>

Relationship of Parties to Collective Bargaining and Industrial Relations Environment in Public Universities in Kenya

This article examines the effect of relationship of parties to collective bargaining on industrial relations environment in public universities in Kenya. The data used in analysis is based mainly on stratified probability sample of 322 respondents interviewed in 2012 in the three public universities in Kenya. Expert judgment was used to determine the validity while Cronbach alpha coefficient was used to determine reliability of research instruments. Qualitative and quantitative data was analyzed using both descriptive and inferential statistics. Exploratory factor analysis was performed to reduce large number of variables for further analysis. Linear regression analysis was employed to determine the effect of relationship of parties to collective bargaining on industrial relations environment. The result revealed that relation of parties to collective bargaining had a significant effect on industrial relations environment (β=0.531, p DOI: 10.5901/mjss.2013.v4n11p705

Informal Employment Dispute Resolution among Low‐Wage Non‐Union Workers: Does Managerially Initiated Workplace Voice Enhance Equity and Efficiency?

AbstractThe decline of collective industrial relations has shifted the focus of industrial relations research to the study of individual employment disputes. In this article, we investigate whether employer‐initiated workplace voice is associated with improved resolution of individual complaints or grievances workers make against employers. We find that our measure of workplace voice is associated with less serious problems, more informal methods of dispute resolution, more satisfactory outcomes for workers and lower quit rates. However, these findings need to be set against generally low rates of satisfactory dispute resolution for all employees in our sample.

(Re)assessing the shifting contours of Britain's collective industrial relations

ABSTRACTWilliam Brown's formidable contribution to Britain's internationally recognised industrial relations survey tradition is appraised. In interpretations of the findings of successive workplace surveys Brown has provided an evolving analysis of the retreat of collective bargaining in the private sector. His explanation for this decline places changing conditions in product markets, including intensification and internationalisation of competition, centre stage. An alternative account is offered, which brings the role of actors and institutions to the fore.

Partisan politics and the varieties of employment relations and HRM

This paper addresses the extent to which cross-national variation in institutions in the labour market is influenced by the role of the state. It examines the impact of the partisan political complexion of a country's government over time, measured on a left–right scale. Countries which have experienced more right-wing governments have lower trade union density, more decentralised bargaining, lower collective bargaining coverage and less encompassing initial apprentice-type training programmes. Right-wing governments are also negatively associated with the extent of employee voice. This paper challenges two central contentions of varieties of capitalism theorists. First, left governments are more important than employer coordination in sustaining collective industrial relations systems. Second, national culture is a better predictor of skill formation and job tenure than employer coordination.

The changing role of employment tribunals: The case of the Employment Appeals Tribunal in Ireland

Employment tribunals were first established to provide a cheap and accessible service for the quick resolution of legally based employment disputes. With the decline of collective industrial relations and the growth of legislation on individual employment rights, employment tribunals have acquired a new prominence. However, in doing so employment tribunals have also been heavily criticized for becoming too legalistic and formal. This article takes issue with this tendency to criticize the work of employment tribunals. It closely investigates the role of the Employment Appeals Tribunal (EAT) in Ireland and finds that while it has become legalistic it still plays an important role in employment standard-setting. The article argues that employment relations systems in Anglo-Saxon countries are increasingly rights-based and that bodies like the EAT now play a key role in the functioning of such systems.

Unions and Collective Bargaining in 2009

With the global financial crisis posing an ongoing threat to job security, more positive experiences of trade unions were often overshadowed in 2009. The passage and commencement of the Fair Work Act finally brought Work Choices to an end, or so it seemed until leadership change in the federal Liberal Party revived debate over individual contracts at the end of the year. The still difficult relationship between the unions and the Rudd federal government was in evidence throughout the year, and was underlined at the ACTU Congress. The return of Telstra and the major banks to the bargaining table with unions demonstrated a significant shift in the collective bargaining and industrial relations landscape in 2009. Occupational health and safety issues confronting unions included further developments concerning James Hardie and asbestos, workplace fatalities in the Pilbara and harmonization of occupational health and safety laws.

Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast

AbstractThe Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.

WORK–LIFE BALANCE AND INDUSTRIAL RELATIONS IN ITALY

ABSTRACT This article examines the work–life balance system in Italy, with particular regard to the role played by extra-statutory arrangements and provision – extra leave, benefits and allowances for parents provided by employers, in-company crèches, family-friendly working hours, etc. – originated from collective bargaining and industrial relations at company-level. The Italian pattern of welfare state and women's employment is characterised by weak state support, a relevant role of intergenerational solidarity, one of the lowest fertility rates and still low women's activity rates. As for human resource management and industrial relations’ contribution to work–life balance, empirical evidence shows that a certain number of extra-statutory arrangements and provision has been implemented at company level. Though, they are not enough to fill the gap with countries where state social protection is higher. The articles argue that industrial relations may play an important role in fostering a better work–life balance, on condition that a priority is given to decentralised collective bargaining and new ‘territorial pacts’ involving a wider range of social actors – not only unions and the companies, but also families, local governments, caregivers and the cared-for. Particularly for unions, this could be a possible response to unionisation decline.

New media after the Dot.com bust

In spite of its designation as part of the “cultural economy”, New Media work was depicted as free‐floating, unimpeded by stuffy national political‐economic regulations. Studies of New Media workers before and after the Dot.com speculative bubble, however, indicate that New Media work was and is influenced by national policy environments. In the United States, New Media work is carried out primarily by independent contractors. The use of a multi‐skilled contract workforce has increased following the decline in labor demand. In Sweden, New Media workers turned to unions following the downturn to deal with rising unemployment. Germany represents a middle ground case with a largely non‐unionized workforce that is, however, influenced by collective industrial relations institutions and norms regarding employer roles. These divergent paths suggest that national policy continues to play a role in shaping work, even in international cultural industries.

The Individualization of Irish Industrial Relations?

Research claims that industrial relations in greenfield sites in Ireland are commonly individualized. Data from a representative sample of workplaces in Ireland show that no trend towards more pronounced individualization is apparent in the use of HRM practices in new as compared with established workplaces. The state of collective industrial relations in workplaces in general is also shown to be independent of the extent to which individually focused HRM practices have been adopted. The Irish findings, and recent international research, question the idea of individualization as a useful way of understanding the character and dynamics of employment relations in advanced economies.

Globalization and the future of central collective bargaining: the example of the German metal industry

The paper deals with the relationship of the German model of capitalism and the role of centralized collective bargaining within it. It is assumed that the system of central wage bargaining - leading to a relatively egalitarian wage structure and the absence of a non-union wage sector - is one of the major pillars of the national institutional framework of the German economy. Pressures towards the decentralization of collective bargaining will therefore not onlyy affect the distribution of wages and the patterns of social equality, but also have a profound impact on the functioning of the German model of capitalism. The first part of Paper links the system of collective bargaining and industrial relations with the wider macro-economic and political features of German capitalism. It defines three major challengers to the institutional framework of the German economy: structural challenges since the early 1970s, the impact of unification since 1989 and the impact of European integration and globalization since the mid-1980s. It concludes that not globalization as such but a complexity of different pressures might lead to drastic institutional changes. The second part of the paper analyses collective bargaining development in the metal industry in the early 1990s. It looks at the conduct of the bargaining rounds, the institutional set-up and the position of the collective bargaining actors respectively. It will be argued that collective bargaining in the German metal industry has become extremely pressurized in the early 1990s. We argue that pressure on collective bargaining stems from two sides: first, from thhe membership problem of trade unions and employers' associations and, second, from the narrowing scope of flexibility within the give system of wage determination. We will define three ways of achieving wage differentiation within and outside centralized bargaining structures and look at their changing role during that period. Finally, the paper presents two scenarios of collective bargaining in the future and discusses their implications for the German ecnomic model

The management of individualism in an Australian mining company

Over the last decade, there has been a growing debate about the relationship between industrial relations, human resource management and business strategies. For management, this involves an ongoing reappraisal of the balance between individualism and collectivism and a critique of third party intervention in the employment relationship. Describes a case study of CRA/RTZ in Australia and New Zealand and the managerial strategy used to deconstruct collective industrial relations through the use of standardized individualized contracts.