Employer Hostility Research Articles

Trade union rights in Peru

Trade union rights in Peru Gianina Echevarría (bio) Peru is one of the countries in South America where it has been more difficult to exercise trade union rights in recent decades. The major labour reform implemented in the early 1990s by the government of Alberto Fujimori, which was considered the most “flexible” reform in the region, has had very severe effects on the organisation of workers and the defence of their rights. Although there have been some improvements in the regulatory framework in several subsequent periods, the tendency towards reducing the exercise of trade union rights has not been reversed. For more than 10 years, the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the Committee on Freedom of Association (CFA) have been formulating observations and recommendations related to aspects of Peruvian legislation that do not meet the universal minimum standards recognised by ILO conventions. Until ten years ago we had 105 complaints filed with the CLS, which made Peru the first country in the Andean region and the second worldwide with the most complaints during the period 1990-2012. The problematic features that remain in labour laws, and that directly or indirectly limit the exercise of trade union rights are: ■ The existence of many temporary hiring options that produce instability in employment and that make union organisation difficult; ■ The absence of effective protection measures against employer hostility towards unionised workers and their leaders; ■ Serious limitations to the exercise of collective bargaining, especially to implement bargaining at the sector level; ■ Many restrictions on exercising the right to strike. Likewise, the existing legal framework reinforces the model of unionisation at the company level, which is inadequate for building union power in a country in which more than 80 percent of workplaces are micro or small businesses, in which it is impossible to form unions because they do not employ the legal minimum of workers required by law to form a union. Even in the cases of companies with between 20 and 100 workers, the unions tend to be very weak, and it is a very difficult task to defend them from corporate hostilities. The fact that the government does not have a policy to favour unionisation, and that the labour inspectorate is inefficient in detecting and remedying anti-union acts committed by private and public sector companies adds further difficulties for union organising. For example, in 2020, only 2.2 percent of labour inspections dealt with matters related to trade union rights, and there are no statistics on the results of these inspections; that is to say that it is unknown whether the companies were penalised. It is important to point out that in the case of a union leader who has been dismissed without justification the labour inspectorate can do no more than make a finding; it cannot order reinstatement, nor does the inspectorate have competence to inspect public sector entities. In the judicial system, the processes in which cases related to trade union rights are litigated are very slow and with results that often affect the rights of workers. The processes are rarely resolved within three years. On the other hand, and no less important, there is a tendency for labour judges to interpret labour rights restrictively. The contested issues include trade union immunity, the unilateral extension by employers of the benefits of collective bargaining with the aim of weakening the union, or the sanctions that can be applied to workers when a strike is declared unlawful. These questions have not had an adequate result from the judiciary. In all these cases, judicial reasoning underestimates trade union rights and departs from the general principles of the right to freedom of association. To further aggravate the situation, the health emergency caused by Covid 19 had direct effects on production and employment, and also on the exercise of trade union rights. Three main effects of the health emergency can be identified, as well as the labour measures that were implemented by the government to deal with it. In the first place, the loss of life among workers (both union members and non-members) and of trade union representatives, as a result of unsafe work practices...

Comparative History of a Very High Standard, But It Is Still Tough to Make It Work

AbstractBarry Eidlin’s book, Labor and the Class Idea in the United States and Canada (Cambridge University Press, 2018) explains why unions are weaker in the United States than they are in Canada, but have not always been that way. Indeed, unionization rates were virtually identical for much of the twentieth century, then diverged in the 1960s. Against dominant accounts focused on long-standing differences in political cultures and institutions, Eidlin argues that the divergence resulted from different ruling party responses to working class upsurge in both countries during the Great Depression and World War II. In Canada, an initially more hostile state response ended up embedding “the class idea”—the idea of class as a salient, legitimate political category—more deeply in policies, policies, and practices than in the United States, where class interests were reduced to “special interests.” In this symposium, three noted labor scholars engage critically with the book. Cedric de Leon interrogates Eidlin’s account of the role of racial divisions in explaining divergence, noting “more persistence and convergence than there is rupture and divergence” between these two countries on this issue. Nelson Lichtenstein’s critique focuses on the exceptionally vociferous character of US employer hostility, which he argues that Eidlin downplays. And Judith Stepan-Norris notes the surprising lack of actual class actors in a book about class organization, while raising interpretive questions about the relation between labor and the Communist Party in both countries. Eidlin concludes the symposium with a response to the critics.

Symposium on Barry Eidlin’s Labor and the Class Idea in the United States and Canada

AbstractBarry Eidlin’s book, Labor and the Class Idea in the United States and Canada (Cambridge University Press, 2018) explains why unions are weaker in the United States than they are in Canada, but have not always been that way. Indeed, unionization rates were virtually identical for much of the twentieth century, then diverged in the 1960s. Against dominant accounts focused on long-standing differences in political cultures and institutions, Eidlin argues that the divergence resulted from different ruling party responses to working class upsurge in both countries during the Great Depression and World War II. In Canada, an initially more hostile state response ended up embedding “the class idea”—the idea of class as a salient, legitimate political category—more deeply in policies, policies, and practices than in the United States, where class interests were reduced to “special interests.” In this symposium, three noted labor scholars engage critically with the book. Cedric de Leon interrogates Eidlin’s account of the role of racial divisions in explaining divergence, noting “more persistence and convergence than there is rupture and divergence” between these two countries on this issue. Nelson Lichtenstein’s critique focuses on the exceptionally vociferous character of US employer hostility, which he argues that Eidlin downplays. And Judith Stepan-Norris notes the surprising lack of actual class actors in a book about class organization, while raising interpretive questions about the relation between labor and the Communist Party in both countries. Eidlin concludes the symposium with a response to the critics.

“Fix the Workplace, Not the Worker”: Labour Feminism and the Shifting Grounds of Equality in the US Workplace, 1960–91

The US Supreme Court decision in UAW v. Johnson Controls, a landmark case that eliminated employer policies that excluded women from jobs with significant reproductive risks, has been the focus of considerable debate. While challenging policies that decided what risks were acceptable for women of childbearing age, critics charged that the ruling weakened labour law protections for women in the USA and lowered standards for all workers. Yet, the case emerged at a time when workplace protections under the Occupational Health and Safety Administration were already failing due to deregulation and unions were running into growing employer hostility. This article argues that labour feminists in the United Auto Workers (UAW) hoped to simultaneously force employers to end sex discrimination and toxic exposures in the workplace. They only shifted to the narrower legal strategy that prevailed in Johnson Controls in the late 1970s and 1980s for pragmatic reasons. Using equal opportunity provisions of the Civil Rights Act was one way for union plaintiffs to ensure that employers were not using foetal protection policies as an end-run around a safer workplace for all workers. Yet, while women workers and unions originally sought to “fix the workplace, not the worker,” conservative opposition accepted women having fewer labour protections while endorsing a less protected and riskier workplace.

Union radicalism versus the nationalist upsurge: the case of Greek shipbuilding workers

The recent global economic crisis and the concomitant austerity policy responses exacerbated the position of organized labor, both in terms of inequality in resource allocation and ideological backlash consolidated in the rise of reactionary politics. Resting upon a variety of data (ethnography, administrative data, collective agreements, press material) collected from Greek shipbuilding and ship repairing industry, we reconstruct a case of radical political unionism dealt with employer hostility and escalating far right violence. Despite the inconsistencies noticed, the Trade Union of Metal Workers of Attica and the Shipbuilding Industry of Greece (TUMW) demonstrated an exemplary resilience as regards far right counter-hegemonic practices. However vivid the far right activism might appear, it proved incapable of shaping a nationalist labor union that would dislocate TUMW. This paper tells the story of a battle against social injustice and right-wing extremism and its wider importance for the Greek and global labor movement.

Selective informality: The self‐limiting growth choices of small businesses in South Africa

AbstractBased on in‐depth interviews, this study explores the reasons why many South African small businesses abide by some aspects of labour law, but not others: they generally comply with legislated labour regulations, but less so with regulations set by the statutory industry‐level Bargaining Councils. Such selective engagement with the system is attributed to employer hostility to unions in the context of post‐apartheid industrial relations. Since a larger workforce attracts closer scrutiny by the Councils, small firms are reluctant to expand, relying on outsourcing to increase production. The very size of the firm is thus a pliable concept, positioned between formal and informal norms.

Do Labour Laws Protect Labour in India? Union Experiences of Workplace Employment Regulations in Maharashtra, India

Abstract The debate over labour market regulations in India is highly polarised. Advocates of labour market deregulation suggest that the labour law framework in the country confers disproportionate powers on workers and trade unions in the formal sector of the economy, resulting in industrial conflicts and poor productivity. Using workplace union survey data from the state of Maharashtra, this paper examines the veracity of these claims. Maharashtra is recognised as a state with a broadly pro-worker labour law framework. We find that even pro-worker labour laws at best offer only weak protection to workers and unions in the formal sector establishments. Unions find themselves increasingly vulnerable to employer hostility. We discuss these findings in the context of the role of state and judiciary in employment relations and of union links with political parties.

Unitarism and employer resistance to trade unionism

Active employer resistance to trade union recognition is often explained through the rubric of the unitary ideology. Yet, little attention has been devoted to an examination of unitarism as an explanatory construct for active employer hostility. This paper contributes to current knowledge and understanding on contemporary ideological opposition to unions, by placing unitarism under analytical scrutiny. Using empirical data from the Republic of Ireland, the paper applies a conceptual framework to a sample of non-union employers who actively resisted unionisation. The paper concludes by examining the ideological commitments uncovered and relevant implications.

Industrial Arbitration and the Single Purpose League

The early history of compulsory arbitration in Australia is one marked by employer hostility. Activities between 1890 and 1915 to prevent legislation and to constrain the role of arbitration courts proved futile. This futility, together with other factors, reduced employer associations’ efforts in countering compulsory arbitration. In 1922 the Single Purpose League (SPL) emerged to fill the void. Its architects were Hugh Victor McKay, owner of the Sunshine Harvester Company, and Guillaume Daniel Delprat, long-time Managing Director of BHP. Both men had unhappy dealings with industrial tribunals and espoused a voluntaristic approach to labour relations. They proved untiring apostles in the League’s cause. This was particularly so of Delprat, who used his oratorical skills; his BHP connections; his access to business, political and community leaders; and his frequent travels to advance the SPL cause. The ‘single purpose’ was initially the abolition of compulsory arbitration tribunals, but expanded to include any form of adjudication including wages boards. Though successful in having a Bill introduced into the South Australian Parliament to abolish arbitration, the inclusion of wages boards alienated would-be support. The League was not able to convince employer associations to join its cause. Though a number of these supported the League’s aims, they had concerns with the SPL’s inability to propose a viable alternative to the existing industrial arrangements. Unable to garner support, the League petered out in 1924.

Reflections from the past

FOCUS□ LABOURRIGHTSANDTHE GLOBALECONOMY Reflections from the past As ens markets the and current increases state global intervention on economic a massive into crisis scale, financial deepitis ens and stateintervention into financial markets increases on a massivescale,itis only naturalforlabour rightsactivists to ask whether theremay also be an opportunity to reverse thetrendof labourmarket deregulation thathas prevailed in muchof theindustrialised worldforthepastthirty yearsand to strengthen labourrights. It is also notsurprising thatmany NorthAmericanliberalsand progressives are comparingthe current situationto the Great Depressionand askingwhether a modernNew Deal forworking people might be in theoffing. Canhistory repeatitself andifso howandunder whatcircumstances? Therecertainly are enoughhistorical parallels betweenthepresent crisis andthe1920stojustifythecomparison . Intheaftermath ofWorld War I therewas enormoussocial unrestas workers who had fought a war abroadforfreedom and democracy wantedtogetsomeforthemselves at home.In mostcountries, however, thepost-war workers' revolt was crushed leadingtoa restorationoftheold regime inwhichworkers enjoyed few individual labourrights and unionsfaced state-backed employer hostility to theirorganisingefforts . Underthisregime, incomeinequality skyrocketed as elitessuccessfully appropriated forthemselves larger sharesofsocially produced wealth.The labourmovement retreated from its efforts toorganise semi-skilled industrial workers inmassproduction industries and instead fought defensive battles onbehalf oftheskilled menthat formed itscoreconstituency. The neo-liberal turnin thelate1970scame in the aftermath of the anti-warmovement, an upsurge ofsocialmovements demanding greater equality forgroupsleft outofthepreviousNew Deal, and a periodoflabourmilitancy thatproducedhighlevelsofstrike activity andsuccessful demandsforimproved healthand safety laws as wellas individual labourrights prohibiting workplace discrimination and providing forunpaid leaves.Although thesemovements havenotbeen crushed, muchofthewindhasgoneoutoftheir sails.Thelabourmovement inparticular has sufferedenormous losses,especiallyin theprivate sector, and a smalleconomicelitehas sharply increased itsincomewhileworking people have seentheir wagesstagnate ordecline. Thus both the current crisisand the Great Depressionariseagainst thebackground ofsuccessfulprojectsto restoreunsocialisedmarket regimes. Whilethecrisis ofsucha regime creates opportunitiesto resocialise capitalism and advance labour rights, thereare certainly no guarantees that thiswillbe theoutcome.Indeed, history points toother pathsthat might be taken. One isthat thecrisis willbe resolved without any significant changeand the unsocialisedmarket regimewillcontinuewithin thepoliticalframeworkofliberal democracy. A secondistheriseof authoritarian capitalist states, exemplified byfascisminthe1920sand30s .Finally, a third issocial revolution, leadingto a fundamental changein property and classrelations. Although fascism or socialismare possibleoutcomesof the current crisis,our focushere is on the moreprobable alternative of reform or retrenchment. Withthat in mind,we ask whatconditions producedthe new deal alternative in NorthAmericain the 1930sandwhatthat experience might havetotell us abouttheprospects fora new deal forworkersinthefirst decade ofthetwenty-first century. One factorthat numeroushistorianshave emphasised is thattheNew Deal ingeneraland labourrights inparticular didnotcomeaboutprimarily as a top-downresponseof to theGreat Depression. Rather, inboththeUnited States and Canada millionsof workers,employed and unemployed, organised outsidetheframework of existing parties andestablished labourunions, to demand governmentaction. In Canada, for example,unemployed workersformed associationsto demand real jobs and unemployment insurance. Theyoccupiedbuildings in citiesand organised a marchon Ottawa,thenation'scapital , which was brokenup withdeadly force. Across North America, employed workers mobilisedin theirworkplacesand organised unionswithout waitingforunionsto organise them. Awaveofindustrial strike activity putpressureon thegovernment to act.Political leaders recognisedthatprovidingreliefto employers alonewas notgoingtobe enough.Thedemands ofworkers forcollective bargaining rights, minimumstandards and social security, amongothers ,also had to be partially metto resolvethe social and politicalcrisistriggered by the economicone . Of course,the politicalresponseto worker mobilisation was not solelydetermined by the breadthand intensity of the movementfrom below.Rather thana newdeal,there might have been reaction and repression. Thus,thepolitical and ideologicalorientation ofthegovernment in powerwas also crucialto theoutcomeofworker mobilisations. This factor, forexample,may helpexplainthedifference inthetiming and the shape oftheAmerican and Canadiannew deals. TheRoosevelt administration movedmorequicklyand strongly to implement Keynesian policies, ofwhichlabourrights werea component, than the Conservative Bennettand thenthe Liberal Kinggovernments inCanada. Getting labour rights enacted,however,was onlyhalfthebattle. Action from belowwas also necessary to makethoserights effective. In the As the global financialcrisis has deepened inevitable comparisons have been drawnwith the Great Depression ofthe 1920s and 30s ERIC TUCKER isProfessor of Law at Osgoode Hall Law School, York University, Canada Pages Volume 16Issuel 2009 INTERNATIONAL union rights FOCUS □ LABOURRIGHTSANDTHE GLOBALECONOMY I potential insights the Tucker Canadian on offer whether current historian comparisons labour any considers as effect labour useful to rights these crisis Eric the of historianEric Tuckerconsiders whetherthese comparisons offer any useful insightsas to the potentialeffectof the currentcrisis on labourrights United States, forexample,autoworkers andothersoccupiedfactories after theenactment ofthe collectivebargaining legislation to gain union recognition and bringtheiremployersto the table.In Canada,wherestatutory collective bargainingwas onlyintroduced in responseto a strike wave during World WarII, a massivepostwar strike wave was necessary to getthatnew regime firmly institutionalised. Insum,thecreation ofa newdealfor labourin the1930'sand 40's might bestbe considered as...

The impact of EU accession on Turkish industrial relations and social dialogue

ABSTRACTThis article examines whether the European Union membership process is transforming the ‘deep structure’ of Turkish industrial relations. We make an attempt to illustrate this through the prism of Turkish experience in social dialogue regarded as an indispensable tool of the European social model. Turkish industrial relations is characterised by restrictive labour laws, employer hostility to unionisation, a large informal economy and labour market, and strong state intervention, which have historically constituted the main elements of ‘the deep structure’ of Turkish industrial relations. In procedural terms, the institutions for social dialogue have been established but the influence of the social partners is limited because of the dominance of the state and the weakness of labour. The existing attempts at developing social dialogue rest on shaky foundations emanating mostly from the state's and employers' disrespect of basic labour rights.

Multinationals in the New EU Member States and the Revitalisation of Trade Unions

Fears of social dumping in the enlarged EU have raised the question of who can defend employees in the new member states. This article addresses the issue through case study research on US and German-based multinationals operating in the automotive sector in Poland, Hungary and Slovenia. The evidence shows how trade unions and industrial relations institutions affect investors in different ways country-by-country, with some unexpected effects on the implementation of flexible employment practices by the investors. Foreign-owned enterprises witness cases of union revitalisation, breaking the “path-dependency” of post-communist unions, in spite of frequent employer hostility. Bottom-up factors such as production changes and local labour market trends are frequently found behind revitalisation, although foreign factors such as home-country models or international union solidarity occasionally also play a role. Such revitalisation, however, being company-based, raises issues on the capacity of trade unions to combine core worker representation with the defence of workers in the society as a whole.

Union Decline and Renewal in Australia and Britain: Lessons from Closed Shops

Declining union density in Australia and Britain has focused attention on the need for union reorganization. This article examines how the development of closed shops in the two countries influenced member exit rates and the internal union relations now affecting union renewal. Findings show that legislative support for the Australian closed shop tended to foster more union dependency on state and employers, union bureaucratization, less active stewards and more dissatisfied members than in Britain. The subsequent outlawing of the Australian closed shop and increasing employer hostility resulted in higher levels of density decline than in Britain. While the greater resilience of British density supports the case for developing strong workplace unionism, the relative bureaucratization of Australian unions within an increasingly antagonistic context, against the British situation of relatively indifferent employers and steward independence, limits the transferability of strategies designed to achieve union renewal.

Turning full circle? Changing industrial relations in the magazine industry in Britain

PurposeThe purpose of this article is to examine the processes and outcomes under which employers in the magazine industry in the UK ended the collective bargaining agreements for journalists with the National Union of Journalists (NUJ) and instituted a unilateral‐based regime in the employment relationship.Design/methodology/approachThe research data were generated primarily via interviews with lay office holders and full‐time paid officials of the NUJ.FindingsThe journalists' union maintained a presence despite employer hostility and has been able to use this as a basis to regain collective bargaining agreements. Nonetheless, the relative weakness of the NUJ has meant that it has been unable to date to force the magazine employers into conducting genuine collective bargaining. This represents a case of impeded but not dissipated “union renewal”, suggesting the union renewal could be termed as being of a “stunted” nature.Research limitations/implicationsThe findings of the research should be taken as being preliminary given that the NUJ has only recently regained union recognition and begun conducting collective bargaining again. A longer timescale will allow more definitive judgements to be made.Practical implicationsThe paper indicates the significant challenges that trade unions face to reassert themselves in the workplace in the face of employer ambivalence and hostility despite regaining formal union recognition rights.Originality/valueThis paper provides empirical evidence of how trade unions are progressing after regaining union recognition.

Union organising in the “new economy” in Britain

PurposeThis paper examines the attempts by trade unions in Britain to gain organisational rights for their members and for workers in organisations operating within the hitherto non‐unionised “new economy”.Design/methodology/approachBy using data drawn from fieldwork interviews with full‐time union officials and supplemented by secondary sources, the paper assesses the genesis and progress of these campaigns, suggesting a combination of employer hostility and worker indifference explain the limited advances made to date.FindingsIn particular, the paper considers the configuration of the inter‐relationship between employer action, union strength and sudden grievances as the major explanatory variable in accounting for the variation in the outcomes of the eight union recognition campaigns. Finally, the high degree of dependence and reliance on full‐time union officers, contra the “organising” model, is examined.Research limitations/implicationsFurther research on union presence and activity in the “new economy” are needed to critically examine these conclusions, given that the research was based on a study of eight employers.Practical implicationsThe implications for trade unions are that not all campaigns for union recognition can be expected to be equally successful, that campaigns are likely to take a relatively long period of time before significant advances are made and that greater scrutiny of potential campaigns is needed.Originality/valueProvides lessons for trade unions attempting to gain organisational rights for their members.

Organizing Non-Union Workers as Trade Unionists in the ‘New Economy’ in Britain

Focusing on Britain, this article examines the combined processes by which workers in the ‘new economy’ have sought to unionize and by which trade unions have attempted to organize these workers in the collective struggle for organizational rights within non-union organizations. It considers the genesis and progress of these struggles and campaigns, suggesting that a combination of employer hostility and worker non-engagement explains the limited advances to date.

‘Subterranean Worksick Blues’: Humour as Subversion in Two Call Centres

This article engages in debates stimulated by previous work published in Organization Studies, and more widely, on the purpose and effects of workers’ humour and joking practices. The authors emphasize the subversive character of humour in the workplace, rejecting perspectives which see humour as inevitably contributing to organizational harmony. Drawing on methodologies, including ethnography, which permitted the authors to penetrate the organizational surface of two call centres, rich evidence of satire and joking practices were uncovered. While long-acknowledged motives were revealed, particularly relief from boredom and routine, workers’ use of humour took novel, call centre specific forms. Overwhelmingly, though, humour contributed to the development of vigorous countercultures in both locations, which conflicted with corporate aims and priorities. However, the particular combinations of managerial culture, attitudes to trade unionism and dissent, and the nature of oppositional groupings helped impart a different character to humour between the two call centres. At Excell, the presence of a group of activists seeking to build workplace trade unionism in circumstances of employer hostility was a crucial contrast. These activists were instrumental in their use of humour, aware that it helped make the union popular and served to weaken managerial authority. This evidence, that subversive satire can be allied to a wider collective union organizing campaign at workplace level, makes a distinctive contribution to the recent literature on organizational humour.

The return of the National Union of Journalists to the provincial newspaper industry in Britain?

This article examines whether the National Union of Journalists (NUJ) can regain its former position of industrial influence within the British provincial newspaper industry after a decade of de-recognition by employers, particularly in the context of the new statutory mechanisms to gain union recognition. The article outlines the process by which the NUJ was de-recognized by employers and demonstrates how the union has made considerable progress in regaining recognition rights after maintaining its membership base. However, it concludes that such progress is not necessarily synonymous with rebuilding its organizational presence and influence given continuing employer hostility and membership weakness.

Employer opposition and union avoidance in the UK

This paper presents empirical evidence about the shape and pattern of non–union employer strategies to remain union free. The data are collected from seven case studies across different industrial sectors and organisational sizes in Britain. Following a brief critique of typologies of union avoidance, the evidence suggests the ‘configuration’ of anti–union approaches involves an uneven and at times contradictory interaction of context–specific variables. Three mutually inclusive factors that influence employer behaviour are identified: structural, ideological and cultural dimensions. It is argued that these represent a deeper understanding of employer hostility towards unions than existing employment relationship classifications. The utility of non–union typologies and the prospects for union mobilisation are considered in the light of these findings.

Organizing to Survive, Bargaining to Organize

“Bargaining to organize”—the leveraging of existing contractual relationships to gain new members—is one potent new strategy that has emerged in the search for effective weapons against the twin obstacles of employer hostility and inadequate labor laws. This article looks at the Communications Workers of America's experience with the strategy in the telecommunications sector. The CWA results suggest that perhaps the best way to conceptualize bargaining to organize is a process that relocates the power struggle with an employer from the point of a specific organizing drive to a prior point of more general struggle that establishes a framework for individual organizing drives.