Development Of Collective Bargaining Research Articles

Developments in collective bargaining during 2022 and their implications for the future

2022 saw a slight increase in the willingness of unions to use or prepare to use industrial action as part of collective bargaining. However, pay rises for employees covered by enterprise agreements generally lagged those received by the broader workforce. Employees on average saw a significant cut in their real wages. Towards the end of 2022, the recently elected Albanese government made several changes to the bargaining provisions contained in the Fair Work Act 2010 (the FW Act) with the explicit goal of increasing the pace of wage rises. By increasing union bargaining power, it is likely that these amendments will eventually lead to a higher rate of wage growth than would otherwise be the case, though a number of factors may limit likely size of any such effect.

Collective Bargaining and Payment regulation at the Regional Level: Assessment and Prospects (on the Example of Ukraine)R

In the conditions of constant challenges and threats in the realization of citizens' right to work, collective bargaining becomes almost the only effective tool that allows to reconcile the interests of different actors and consolidate their joint efforts. The purpose of the study is a comparative analysis of the level of development of collective bargaining in different regions of Ukraine and identify challenges and prospects for the development of this institute. The authors proposed a methodology that allows quantitative and qualitative assessment of collective bargaining regulation of wages based on a number of indicators and a comparative analysis of its level of development in different regions. The evaluation confirmed the hypothesis of low activity of social partners and inability to act mobile in the new socio-economic ecosystem. The results showed the underdevelopment of wage regulation through collective bargaining in all regions, which increased distrust in the institution of social partnership and showed the inability of partners to create conditions for decent work. Indicators of the effectiveness of collective bargaining and agreements typical of countries with economies in transition (Ukraine), and the root causes of low quality social dialogue at the regional level are highlighted. Challenges inherent not only in Ukraine but also in most European countries allowed the authors to identify areas for improving collective bargaining, which include expanding the social partners, adapting the content of agreements to the strategic goals of the region and its sustainable development. The identified general trends conditioned upon the challenges of the digital economy and the new economic ecosystem have highlighted the need to rethink the role and content of collective bargaining. The practical value of the study lies in the possibility of applying the developed methodology by social partners, local administrations, local communities to assess social dialogue at the regional level, study and disseminate best practices of wage policy on the basis of social partnership

Major court and tribunal decisions in Australia in 2017

This annual survey of significant court and tribunal decisions in Australia in 2017 covers changes to the award safety net implemented through the 4-yearly review, including in relation to penalty rates and casual employment. It outlines developments in collective bargaining, focusing on agreement-making, protected industrial action, the good faith bargaining provisions and the rise in successful applications by employers for termination of agreements. A Queensland decision considering community pickets and the interaction between state peaceful assembly legislation and the Fair Work Act is also noted. Decisions on workplace discrimination show that the courts are still grappling with Fair Work Act provisions in this area, and taking divergent approaches. The survey also discusses a successful accessorial liability action taken by the Fair Work Ombudsman, which is significant for both internal and external business advisors.

Editorial

lUR □ EDITORIAL Editorial hislatest edition ofIURbrings together a selecI tionof articlesexploringissues relating to m organising within industry supply chainsand important developments incollective bargaining. We beginwithan articleby Bill Street, at the InternationalAssociation of Machinistsand Aerospace Workers(IAMAW),thatprovidesa detailedlook at the challengesand successes involved inorganising workers atIKEA's subsidiary Swedwood,inDanville, Virginia, US,a campaign recently coveredinIUR.Witha Swedishcompanybenefitting from laxlabourrights regulation in theUStoexploit North American workers, thecampaignis highlighting how multinational abuse of workers' rights is notrestricted to lowerincome countries.Unite'sOrganisingDirectorSharon Grahamoutlinestheunion'sefforts to organise workers across themeat industry intheUK,explaininghowthestrategy of"forward organising" has been implemented to engage employersand empower workers ina heavily sub-contracted sector .Next, we focuson thegarment industry with an article from Ashling SeelyattheITGLWF who presents a snapshotofpoorworking conditions across thesector andupdates readers onthePlayfair Campaign toprotect workers supplying goodsand services totheOlympics. Three noteworthy collective bargaining casesare also coveredinthisedition. Firstly, inSpain,pubNext issue of IUR Articles between 850and1,900words should besentbyemail (mail@ictur.org) andaccompanied bya photograph andshort biographical note oftheauthor. Photographs illustrating thetheme ofarticles arealways welcome. Allitems must bewith usby1 December 2011if they are tobeconsidered for publication inthenext issueofIUR. Subscribe toIUR: tosubscribe, complete theboxbelow. I/we would like tosubscribe toInternational Union Rights andenclose£20/US$30/€25. Name/Organisation Address PostCode Four issues£20/US$30/€25. Cheques should bemadepayable to"IUR" andsentto:ICTUR, 177Abbeville Road, London SW49RL, UK liesector unions havebeendisputing a law-decree thatintroduced a fivepercentcut in workers' salaries. Camilo Rubiano, Industrial and Employment Relations Officer attheILO,analyses thelegality ofthedecreeand theimpactitwill haveoncollective bargaining inthecountry. Italian labourlawyer Federica Micolidrawsourattention totherecent Fiat-Chrysler agreement inItaly and theimplications itishaving on collective bargainingrights forItalian workers. RoyAdamsreturns totheFraser decisiontooffer hisinterpretation of theruling anditssignificance for agricultural workersorganising inCanada.Finally, trade union rights, including collective bargaining, in Germany, are discussedin a veryinformative article byKarin Flothmann atVer.di. We also includearticles on severalotherkey unionrights developments. We are delighted to reporton the new ILO Domestic Workers' Convention with a contribution from Chris Bonner, BarbroBudin,and KarinPape,who wereatthe forefront ofthecampaign to see domestic workers ' rights enshrined in international law. Dave Smith updatesreaders on thestruggle against the practice ofblacklisting andthefight tosecurejusticeforblacklisted workersin theconstruction industry, an issuereported in IURin 2009.And CarlRoper,NationalOrganiser at theTUC,providesan insight intotheworkinvolved ineducatingthenextgeneration of tradeunionists in a neoliberal worldthrough theUnionsintoSchools programme. Finally, many ofourreaders mayhaveheardof therecent phonehacking scandalintheUK that has led to investigations intoRupert Murdoch's News International media group, as well as enquiries into policecorruption. Tony Burke, Unite's Assistant General Secretary, traces thebackground to thescandaland linking thecompany's defeat oftheprint unionsover20 yearsago withthe growth ofa globalmediaempire. IURthanks allthecontributors forsharing their expertise with ourreaders andwelcomesICTUR's Director DanielBlackburn backtotheeditor's chair. Acting Editor Elizabeth Molinari INTERNATIONAL union rights Page 2Volume 18Issue 3201 1 ...

Surviving frontal assault on collective bargaining institutions in Romania: The case of manufacturing companies

Romanian labour law was changed radically in 2011, causing a rapid demolition of the multi-layered collective bargaining system, despite the existence of relatively strong unions. This article examines the foundation of new employers’ prerogatives, and whether they have been willing and able to use them in manufacturing sectors and companies where unions have a strong hold. It focuses on extreme cases of change and continuity in setting the terms and conditions of employment after 2008. Employers have been able to use the new legal provisions to worsen employment conditions, but there is variation across companies depending on employers’ attitudes, developments in collective bargaining in other large companies in the area and unions’ capacity to mobilize. This analysis facilitates a better understanding of the consequences of downgrading individual and collective employment rights.

Labour Market Governance and the Creation of Outsiders

AbstractUsing case‐study data, the article examines the contention that protective labour market policies and trade union action are responsible for growing divisions between labour market ‘insiders and outsiders’. Case studies are reported on developments in collective bargaining in the hospitals and engineering sectors from seven western and central European countries. The article finds that managerial strategies, and interactions between management and unions, have to be considered to give a full account of the growth of precarious employment.

Restructuring China's State Corporatist Industrial Relations System: the Wenling experience

Intensifying labour conflict in China has posed a serious challenge to the industrial relations system. Under growing pressure, the Chinese government has sought to reform the system but the results are meagre. Among the supposedly successful cases, the development of collective bargaining in Wenling, Zhejiang province has been hailed as a model of labour relations to be replicated elsewhere. Based on a detailed case study of Wenling, this study aims to analyze the process whereby local government reconstructs the industrial relations system by organizing and incorporating the interest of employers and workers, leading to regularized wage growth and reduced labour dispute. This restructuring, the study argues, is designed to create a functional state corporatist system by means of expanding union representation and instituting tripartite collective bargaining. However, the tensions in the state corporatist structure may still undermine any attempt by the government to reconstruct industrial relations.

Gender, collective bargaining agreements and skills in French industry in the first half of the twentieth century

The development of collective bargaining during the first half of the twentieth century led to the generalization of wage grids based on the qualification of work. This represented an equivocal gain for women. The elaboration of grids revealed the diversity and the value of jobs occupied by women. They coincided with an economic policy focused on raising low wages, which led to a reduced wage differential with men. But classification grids also institutionalized job segregation by gender. Close examination of the negotiations reveals the complex strategies developed by actors involved in the definition and the evaluation of skill. The state and the unions provided tardy support to the recognition of women’s skills.

The Development of Collective Bargaining in China: From “Collective Bargaining by Riot” to “Party State-led Wage Bargaining”

Abstract2010 was a turbulent year for labour relations in China. The wave of strikes sparked by the Honda workers has highlighted the urgent need for trade union reform and workplace collective bargaining. In response to this turbulence, the Chinese government has stepped up efforts to promote the practice of collective bargaining, which had been neglected under the existing “individual rights-based” labour regulatory framework. In the midst of rapid social and policy changes, this article aims to examine the effect of labour strikes on the development of collective bargaining in China. The authors argue that, driven by growing labour protests, the collective negotiation process in China is undergoing a transition, from “collective consultation as a formality,” through a stage of “collective bargaining by riot,” and towards “party state-led collective bargaining.” This transition, however, is unlikely to reach the stage of “worker-led collective bargaining” in the near future.

Central and eastern European industrial relations in the crisis: national divergence and path-dependent change

This article assesses the effects of the recent economic crisis on industrial relations in the central and eastern European EU Member States. The analysis is based on the theoretical framework of three types of central and eastern European capitalism: neoliberal, embedded neoliberal and neocorporatist (Bohle and Greskovits, 2012). The article introduces the individual articles of this issue, arguing that the impact of the crisis on collective bargaining processes and institutions is shaped by economic and political factors and, above all, by the institutional setting of industrial relations. Trade union responses are explained by the varying use of two strategic sources of power: participation in formal collective bargaining (institutional power) and a strengthening of the membership base (membership power). Despite considerable differences between countries with regard to these factors, recent developments in collective bargaining have tended to be path-dependent and have resulted in a further shift of the region’s industrial relations towards neoliberalism.

Collective bargaining in a time of crisis: developments in the private sector in Europe

This article discusses crisis-related developments in collective bargaining in the private sector across the EU since the onset of the crisis during 2008. It analyses developments in the incidence, procedures and content of collective bargaining during the crisis and is cross-nationally and cross-sectorally comparative. It also examines how economic developments, industrial relations institutions and public policy might explain these developments. The article shows that collective bargaining responses to the crisis have been much more frequent in multi-employer bargaining systems than in single-employer bargaining systems, both at sectoral and company level. Major differences also exist between manufacturing and services, with bargaining being more prevalent in the former. In procedural terms, with some exceptions, the crisis has accelerated the longer-term trend towards organized decentralization. Substantively, restoring competitiveness and maintaining employment are central to the agenda of crisis-response agreements. The trade-offs are more integrative under multi-employer bargaining systems and where public policy offers support in negotiating short-time working schemes, and more distributive under single-employer bargaining.

Trade Union Influence in the Czech Republic since 1989

Trade unions in the Czech Republic have experienced a steady decline in membership and, albeit less markedly, in bargaining coverage since the early 1990s, but much less decline in political influence. An assessment of the extent of their overall ability to influence society’s development requires a division into three spheres: business, employment relations, and the state budget. Strength in one sphere is found to influence strength in others. The development of collective bargaining in workplaces and at the sectoral level took shape relatively early. Forms of political influence developed more gradually, by a learning process, to include a combination of participation in tripartite structures, organising mass protest demonstrations and lobbying MPs and ministers. The relative weights of these elements, and their effectiveness, have varied with different governments and balances of power in parliament.

Collective Bargaining in Eastern Europe: Case Study Evidence from Romania

This article compares collective bargaining practices in Romania after 1989 with those in continental Western Europe. It focuses on the structures, processes and outcomes of collective bargaining in four large chemical companies; comparisons are also made with other Eastern European countries. Unexpectedly, the findings point to an increase in state intervention in establishing terms and conditions of employment after 1989. The development of collective bargaining in Romania appears to follow a nation-specific path, with the continuance of certain pre-1989 features, such as unclear boundaries between trade unions and management.

Training, Social Dialogue and Collective Bargaining in Western Europe

Training is commonly regarded as essential to the competitiveness of national economies and individual enterprises. It is also seen as a vital means of enhancing the employment security of workers. To that extent, it has been claimed that continuing training may provide fertile ground for the development of social dialogue and joint initiatives by employers and trade unions. Trade unions across Europe have also increasingly sought to have training included on collective bargaining agendas. This article examines recent developments in collective bargaining and social dialogue in respect of continuing training. It explores experiences in a number of Western European economies, in addition to social dialogue at the European level. It is suggested that the prospects for the development of effective social dialogue and consensual approaches to continuing training are more uncertain than is sometimes supposed.

California Labor Relations: BACKGROUND AND DEVELOPMENTS THROUGH MID-2002

This chapter examines the current state of union-management relations in California, based on records of public agencies and related data. A review of patterns of unionization in the state shows that two-thirds of the state's union-represented workers are in the Los Angeles and San Francisco metropolitan areas, although Sacramento has a higher unionization rate. As is the case nationally, California's public sector is highly unionized, with approximately half the workforce covered by union contracts. In the private sector, union-represented workers are found in a variety of occupations and industries. Some work in manufacturing, as the common stereotype would indicate, but large concentrations are also found in construction, grocery and food warehouses, and health care. Some of the most dramatic organizing successes in the state during recent years have involved low-wage immigrant workers, such as janitors and home health care workers. The chapter reviews recent developments in collective bargaining in the state in some detail, examining recent contract settlements and other data.

Unions and the Labor Market in Brazil

This paper analyzes the effect of unions on the labor market in Brazil and attempts to answer the following questions: How do labor laws and union legislation affect collective bargaining processes? Do unions influence wage formation and income distribution? Do unions increase labor market rigidity? We find evidence that institutions are fundamental in explaining the behavior of unions, their effects on income distribution and macroeconomic stability, and the current state of development of collective bargaining in Brazil. The paper concludes with some recommendations for enhancing the role of unions and collective bargaining processes.

Constructing European Collective Bargaining

Most students of European integration expect that organized labour and business are not likely to develop collective bargaining at the EU level. By analysing the interactions between the European Trade Union Confederation (ETUC) and the Union of Industrial and Employers' Confederations of Europe (UNICE) since Maastricht, this article challenges this reigning pessimistic view about the prospects for building European collective bargaining. The article's analysis of the emerging collective bargaining practices and relations at the EU level supports Bercusson's prediction of the development of collective 'bargaining in the shadow of law' after Maastricht. It also shows that unlike the dominant view, the labour side is not necessarily underprivileged vis-a-vis the employer side at the EU level, as witnessed in the European Works Council (EWC) case. I also try to make some strategic suggestions for the further development of European collective bargaining, particularly with regard to pay in the context of European Monetary Union (EMU).

The unwritten story of women's role in the birth of occupational health and safety legislation.

Women's role in the formation of trade unions and development of collective bargaining, as well as in labor's historical struggle to improve day-to-day working conditions, has been conspicuously underplayed, if not ignored. Yet, when one reviews the history of the reduction of working hours, prohibition of child labor, elimination of homework in tenement slums, reform of factory legislation, and investigations into accidents precipitating early workers' compensation legislation, the literature is rich with women's investigative reports and studies on unhealthy and unsafe working conditions. This was the case from the late 19th century in North America up until the 1950s and the Cold War. The women's movement and political activities requiring factory reforms then seemed to go underground, re-emerging in full force during the 1960s. Women's involvement in the environmental movement, especially in the United States, has been significant in politicizing occupational health as well. Their efforts led to the 1970 passage of the U.S. Occupational Health and Safety Act.

The Survival of National Bargaining in the Electrical Contracting Industry: A Deviant Case?

This article examines what is often seen to be a deviant case in bargaining structure in British industry, namely the electrical contracting industry, where multi‐employer national bargaining is often said to have remained strong. The first main part of the paper briefly outlines the wider context of collective bargaining trends in British industry. The development of collective bargaining in electrical contracting is then outlined. The third part investigates recent developments and the degree to which arrangements in the industry have deviated from the rest of the private sector. In the final section, explanations are offered and implications explored.

Employee participation and contemporary labor law in the US

Employee participation has commonly been seen, in US conditions, as in potential conflict with the maintenance and development of collective bargaining. Since labor law seeks to protect the collective bargaining rights of employees, an important current debate is concerned with to what extent, if at all, the law needs to be changed to encourage employee participation schemes without weakening this protection.