Trade Union Representatives Research Articles

A Jigsaw Puzzle with No Given Solution

Based on one-to-one interviews and focus group interviews with management representatives, trade union representatives, and blue- and white-collar workers this article investigates how the global financial crisis was handled in Swedish industry. In the light of the crisis agreement signed between trade union IF Metall and company representatives how can the implementation of the agreement be described? How were these new conditions interpreted and how were they experienced? Three conceptual themes emerged, trust, loyalty, and principle of fair-play. Large differences were shown that were related to attitudes towards blue- and white-collar workers, recognition of work, and the size of the town.

Производственные советы в России: проблемы и перспективы

Provisions of the labor legislation were updated by the right of the employer for creation of works councils. The research of structures of non-trade union workers’ representation has special importance for Russian labour law scholarship. This is mostly so because of low efficiency of trade union representation in Russia that is still structurally influenced by centrally-planned economy’ traditions. System of works councils is a fairly complicated institution of labor law, as their activities are closely linked not only to the organization of labor, but also to the economy as well as the sociological aspects of human resource management. The multidimensional inwardness of works councils attached to this institution of labor law special significance, as consequence of their functioning must become strengthening of social dialogue at the level of the organizations and the separated structural divisions, while setting a consensus not only between the parties opposing interests in relation to a particular issue, but also creating a foundation for continuing cooperation in a spirit of cooperation. Creation of works councils is seeking to reinforce social solidarity, more equitable distribution of income between different social classes and sections of the population, increase employees’ interest in the affairs of the company. As part of the dynamic development of social and labor relations non-trade union workers’ representation becomes a key element in the development processes of industrial democracy, having a basis of workers’ participation in administrative decisions in the enterprise, directly affecting their interests, which allows the use of flexible forms of management of the organization, by providing workers the right to information and consultation.

Perfect match or missing link? An analysis of the representativeness of trade union representatives in Belgium

AbstractInsights from the representation literature were applied to industrial relations in order to study the representativeness of union officials. Based on a member‐survey in a major Belgian trade union, we found that union representatives mirror quite well their followers in descriptive (except for gender) and substantive terms (issue congruence).

Hyper-mobile migrant workers and Dutch trade union representation strategies at the Eemshaven construction sites

The EU regulatory regime and employers’ cross-border recruitment practices complicate unions’ ability to represent increasingly diverse and transnationally mobile workers. Even in institutional contexts where the industrial relations structure and labour law are favourable, such as the Netherlands, unions struggle with maintaining labour standards for these workers. This article analyses Dutch union efforts to represent hyper-mobile construction workers at the Eemshaven construction sites. It shows that the nexus of subcontracting, transnational mobility, legal insularity and employer anti-unionism complicate enforcement so that even well-resourced unions can, at best, improve employment conditions for a limited set of workers and only for a limited period of time.

Laval and Trade Union Cooperation: Views on the Mobilizing Potential of the Case

Although the case law of the Court of Justice of the European Union (CJEU) in the Laval case has been thoroughly examined from both legal and political perspectives, few references have been made to its implications for cross-border trade union cooperation. Using qualitative data from interviews with European trade union representatives, this article explores whether Laval hampered or stimulated transnational cooperation and mobilization.The analysis reveals that, although the interviewees identified the Laval case as particularly significant, they had difficulty mapping out a common route for dealing with the potential consequences of the case, such as wage dumping. Competing discourses co-existed as to the measures to be taken, displaying important and historically rooted differences between European trade unions regarding the context, scope and objectives of transnational collective action. In contrast, it could be argued that the risk of wage dumping arising from the Laval case and the ongoing discussion to find ways to manage this risk led European trade unions to address controversial issues that were in need of attention. It emerges from the interview materials that the management of these issues arguably entailed mobilization but, above all, the effect on transnational union relations appeared to be constitutive.

Pravni položaj sindikata

The Labor Law defines the meaning of the trade union. The trade union is considered as an autonomous, democratic and independent organization of employees in which they voluntary unite in order to represent, present, improve and protect their professional, labor, economic, social, cultural, and other particular and collective interests. The establishment of the trade union does not require any previous approval, but only registration at the competent authority. However, only a trade union, in which the representativeness is established based on the law, shall be considered representative. In addition to this, this paper deals with specific provisions on activities of the trade union included in the Labor Law, provisions that regulate the rights and status of the trade union representatives and their critical review.

Правовые основы непрофсоюзного представительства работников в Германии

In the article experience of production councils in Germany in which the idea of not trade-union representation received the widest embodiment is analyzed.

International Trade Union Solidarity in the Automobile Sector: The Case of Fiat-Chrysler

This article aims to analyse the effects of globalization on international trade union solidarity taking as an example the automobile sector with a particular focus on the Fiat/Chrysler merger. The first part will provide a general overview of trade union global strategies at the international level demonstrated so far, while the second part will be more strictly focused on the automotive sector. In order to evaluate the present scenario and obstacles to the consolidation of transnational trade union solidarity, the article will consider the role of transnational actors such as Multinational Corporations, European Works Councils, World Works Councils, and Global Union Federations as well as practical instruments such as European Framework Agreements and International Framework Agreements in relation to the automotive sector and highlighting the recent case of the Fiat/Chrysler merger. This multinational enterprise was chosen due to its strategic importance for the national economy in both Italy and the United States, and the standardization of production that facilitates comparison, and because of the well-established system of industrial relations and trade union representation. In connection with this merger the potential of the above-mentioned international instruments will be evaluated as well as the evolution of the trade union solidarity till now.

French Labor Tribunals and the making of Labor law. Toward a sociology of judiciary roles

How do the verdicts of French joint industrial tribunals (Conseils de prud’hommes) participate in shaping the law in the field of labor relations? A “sociographic” survey brings to light both the multiplicity of forms of commitment to the institution and the key role played by a group of “professionals” in these labor tribunals, where elected representatives of employer associations and trade-unions sit side by side. Analyzing how councillors are socialized by the institution and how they arrive at their decisions shows that judgments stem from a combination of three different rationales: the law, union representation and the world of work. Between magistrates’ social characteristics, institutional affiliations and manners of judging, a new way of studying judiciary activity is suggested.

Trade Union Approaches towards the ICE Regulations: Defensive Realism or Missed Opportunity?

Reflecting debates about whether statutory workforce-wide consultation arrangements are likely to undermine or underpin trade union representation, unions' approaches towards the UK's Information and Consultation of Employees Regulations 2004 have been ambivalent and their engagement with the legislation limited. Evidence from longitudinal case studies in 25 organizations suggests that the introduction of information and consultation bodies did not have the effect of marginalizing trade union representation and collective bargaining, and in some cases reinforced unions' standing within the organization. The article highlights the implications for union strategies and legislative reform, and suggests a research agenda.

The presumption of mutual influence in occurrences of workplace bullying: time for change

PurposeThe self‐reports of bullies or victims of workplace bullying appear to result in confused responses that fail to clarify who is doing what to whom. The research reported in this paper aimed to examine how staff from human resources and occupational health conceptualized and assessed cases of alleged bullying.Design/methodology/approachThe research relied on semi‐structured interviews with managers, human resource staff, occupational health staff, mediators, trade union representatives, and staff members who were both victims and alleged perpetrators of bullying. The staff contributing came from an NHS trust, two universities and a criminal justice agency.FindingsStaff were reluctant to document or reveal information about the frequency and severity of bullying within their services. Despite this, three key themes emerged from the interviews that seemed to inform individual and organisational responses: the ethos of professionalism, the ambiguous role of human resources and the presumption of mutuality.Research limitations/implicationsReliance on interpretations of workplace bullying that defend both individual staff members and the organization had implications for victims. By not naming reported problems as bullying, the organization could limit its responsibility to act. Failure to identify and document bullying limited the research but also poorly served victimized individuals.Practical implicationsServices require training to help them move beyond a presumption that the self‐reports of bullies are a reliable source of assessment data.Social implicationsEffective identification and assessment of bullying situations would be the first step towards reducing the psychological impact of the problem. Experience of workplace bullying is highly correlated with health and mental health problems of targeted individuals.Originality/valueThis paper capitalizes on insights from the field of domestic violence in highlighting the need for clarity about the nature of coercive control. The paper will be valuable to individuals and organisations charged with the task of tackling workplace bullying.

WORKERS’ REPRESENTATIVES

This study deals with the institution representatives of the employees, the onlypossibility, regulated by the law, to defense and promotion the interests of employees, in theabsence of a trade union representative at the level of the unit. Therefore, we are in thepresence of alternative to trade union representation, whereas, in principle, coexistencebetween the two is out of the question.Topics studied has known substantive changes with the entry into force of the Law No40/2011, both in respect of the conditions of eligibility of representatives of the employees, aswell as in respect of measures of legal protection for them. Therefore, we want to do acomparative overview of the old and new provisions equal in the matter.

Comparing and explaining HR department effectiveness assessments: evidence from line managers and trade union representatives

We compare and explain effectiveness assessments of two HR stakeholders: line managers and trade union representatives. We examine whether they have the same preferences regarding the roles the HR department has to fulfil (Ulrich 1997). Next, we test which strong HRM system characteristics (Bowen and Ostroff 2004) are decisive in determining the perceived effectiveness of the HR department in the preferential roles. With these analyses we examine whether the HR roles and strong HRM system characteristics are equally important to different stakeholders. Results show that the perceived effectiveness of the HR department in its operational roles is decisive in trade union representatives' general HR effectiveness assessment. For line managers, process-oriented roles are crucial. Next, if the HR department scores high on strong HRM system characteristics, it is perceived as more effective in its HR roles. Yet, the importance of specific HRM system characteristics depends on the role and stakeholder.

Testing times: the development and sustainability of partnership relationships

Partnership literature in the UK fails to adequately develop theory. This study utilises social exchange theory as a theoretical lens and moves beyond rationale models of exchange to capture the conditions that foster reciprocity and how relations between the actors contribute to the sustainability of partnership or its collapse. By examining relationships at the individual level, this work provides evidence of the mechanisms that generate and drive partnerships. At the same time, the context, in this instance the National Health Service (NHS), demonstrates the significance of the interdependency between structural- (macro) and individual- (micro) level processes. The study followed a mixed-method case study design in four NHS acute trusts, drawing on in-depth interviews, focus groups, survey and documentary evidence. To enable a comparative analysis, views were sought from 31 management and trade union representatives and 543 employees were surveyed on their experiences of partnership. The study found that while the political will for partnership instigated the development of relationships, it was the commitment and enthusiasm of the key players and the perceived quality of relationships that developed and maintained partnership. Moreover, it concludes that without formalising these individual arrangements partnership would not be sustained over time.

Non-Financial Reporting Beyond the Strict Minimum: Is the Workforce a Well-Informed Stakeholder?

This working paper by Jan Cremers of the Amsterdam Institute of Advanced Labour Studies summarises the results of an inquiry by the SEEurope network on the current legal framework and practices in 28 European countries regarding non-financial and sustainability-related reporting by European companies and the role and involvement of trade union representatives in this form of reporting. In view of recent efforts at EU level to stimulate companies to go beyond the traditional financial and economic reporting, the results of the study are rather patchy and disappointing. Even in the best countries there is little evidence that non-financial reporting practices of companies go beyond traditional items. Moreover, workforce and workplace conditions are not seen as a key part of sustainability concerns and workers’ representatives are not sufficiently involved in the long-term sustainability policy of their companies. Last but not least, the crisis has placed labour organisations on the defensive in the sense that sustainability issues come to be perceived as a luxury at a time when labour law and collective bargaining are subject to organized deregulation attacks.

Health and Safety Concerns os Migrant Workers: The Experience of Tunisian Workers in Modena, Italy

This paper examines the relatively under-researched field of healthand safety of migrant workers, with special reference to Tunisian construction workers in the city of Modena in the Italian region of Emilia-Romagna. The empirical material comes from questionnaires and interviews with Tunisian migrants, plus smaller numbers of interviews with employers and trade union representatives in Modena. The paper starts by critically reviewing the scattered literature onthe health and safety of minority workers, most of which refers to the United States and the United Kingdom. The discussion then moves to a consideration of migrant health and safety questions in the contexts of racism, discrimination, social class, working conditions, labour market segmentation and (non-) regulation. Specialattention is given to the failed role of trade unions in defending the rights of minority workers, in advanced countries generally and in Italy in particular. A case study is then made of the construction sector in Italy, enriched by personal accounts of the experiences of Tunisian migrant workers in Modena. Employer and tradeunion interviews reveal a lack of concern and ability to tackle the relevant issues. Barriers to health and safety awareness training are outlined. In the conclusion, recommendations are made for policy initiatives in this area.

Initial Evaluation of Patients Reporting a Work-Related Stress or Bullying

To the Editor: Psychological disorders linked with working conditions are internationally recognized as an emerging clinical entity.1–3 They have potentially serious consequences and may even be responsible for work-related suicide.4 Work-related stress is an impairment of mental, physical, or social functioning induced by either difficult working conditions or organizational and relational factors in the company. The clinical features of stress (including bullying at work) are heterogeneous but have in common their relationship with occupational factors. Occupational physicians are often on the front line in the diagnosis of these mental disorders and in the management of patients. To our knowledge, no documents are yet available to help practitioners to identify clinical syndromes of work-related stress and bullying and then optimize referral of patients to either medical (general practitioners and/or psychiatrists) or nonmedical specialists (psychologists, social workers, and lawyers). The purpose of this work was to review the key elements of a first consultation for a patient presenting with symptoms of work-related stress or bullying. The assessment includes several stages. The first part of the consultation focuses on the severity of symptoms and the identification of the clinical syndrome. Medical findings observed in cases of work-related stress and bullying are nonspecific. The disorder may correspond to a de novo diagnosis or the aggravation of a preexisting condition. Treatments prescribed and taken by the patient need to be noted down. Chronic delusional illnesses, depression, anxiety, adaptation, and personality disorders can be identified. Burnout is a suggestive syndrome.5 The physician should look for psychiatric comorbidities such as a personal or family psychiatric history and addictions and other risk factors for self- or heteroaggressive acts such as suicide attempts, self-inflicted injuries (eg, scarification), and so on. During the interview, it is also important to look for elements indicating a risk of suicidal or homicide attempts. The next one needs to evaluate the working and social environment, including the job history and chronology of events. The present episode must then be analyzed, into three phases: first the initial, so-called “serene,” phase, during which the patient does not report any particular difficulty; then the “problem” phase during which obstacles and conflicts gradually appear; and finally the third or “crisis” phase, for which the patient will generally see a doctor. Analysis of transitional elements (“what has changed?”) and elements of personal and collective resistance should be described in detail. Other work factors need to be listed (Table 1). Mechanisms and procedures of relay and support by occupational health and prevention teams or trade union representatives must be looked into. The patient's social and family environment may reveal the existence of protective or aggravating factors. A precarious social situation often forces patients to stay in the same job, which delays the diagnosis and limits the range of options offered. On the contrary, a protective family environment helps to maintain the patient in his job. Any legal action already undertaken by the patient is also useful to know for the practitioner.TABLE 1: Clinical Workup of a Patient Consulting for Work-Related Psychological Distress or BullyingTable 1 summarizes the different stages of the patients care. They may help general practitioners to distinguish between psychiatric cases requiring urgent management, a simple conflict situation with no psychological repercussions, and intermediate cases. It may be necessary to remove the patient from the working environment (sick leave) and try a medical treatment together with a workplace intervention. Reevaluation after appropriate medical attention is always useful. Occupational physicians are increasingly involved in dealing with complex situations of work-related stress or bullying and play a key role in their management after a first consultation to improve multidisciplinary work. Zakia Mediouni, MD Assistance Publique - Hôpitaux de Paris Occupational Health Department University Hospital of Paris West Suburb Poincaré site Garches, France Hélène Garrabé, MD Inspection Médicale Direccte Ile de France Fabienne Jaworski, MD Occupational Health Unit Thales Communication and Security, France Florence Danzin, MD Psychiatry Unit Charcot-St Cyr, France Pénélope Jauffret, MD APST BTP RP, France; Brigitte Clodoré, MD Mairie de Paris, France Alexis Descatha, MD, PhD Assistance Publique - Hôpitaux de Paris Occupational Health Department University Hospital of Paris West Suburb Poincaré site UVSQ Versailles University, Inserm UMRS 1018, France ([email protected]) ACKNOWLEDGMENTS The authors thank Dr Bértrand Bécour for reviewing this manuscript.

La izquierda y la organización sindical en el lugar de trabajo, 1920-1940

Este artículo se refiere al trabajo sindical de base impulsado por las corrientes políticas con presencia en el movimiento obrero entre 1920 y 1940. Abordamos como prioridad el análisis dentro de los sectores industriales dado su dinamismo y tendencia a preponderar en la estructura económica argentina. El texto consta de dos partes: la primera, un balance de los principales estudios sobre la organización gremial en la planta industrial; en segundo lugar, analizamos las estrategias y el desenvolvimiento de las diferentes expresiones de la izquierda: anarquismo, sindicalismo revolucionario, socialismo y comunismo. Los interrogantes recorren diversos tópicos como la forma de esta militancia, los orígenes, el peso en los sectores productivos, la influencia de las corrientes políticas, entre otros.

NWLC 2012 - Report from the Conference in Elsinore, Denmark, April 2012

From 25th to 27th of April 2012, the 6th Nordic Working Life Conference took place at LO-skolen in Elsinore, Denmark. LO-skolen, the School of the Danish Confederation of Trade Unions, a beautiful place with a long tradition of educating Danish trade union representatives, shop stewards, and safety reps, located with an excellent sight over the narrow waters between Denmark and Sweden, filled with many inspiring pieces of modern Danish art, and for this occasion around 130 working life researchers, was the perfect spot for this conference. The conference series seems to have a mysterious past as some of the old-timers at the conference came up with competing suggestions for the first couple of conferences, but there was an agreement on that the last conference was in Stavanger thirteen far too long years ago.Perhaps one reason for the long wait has been a general feeling that the Europeanization and globalization of both work and research (publication expectations in particular) might make the Nordic forum less relevant than other forums. However, there seemed to be a widespread recognition at this conference that such conclusions had proven too hasty and inadequate. Nordic researchers still have a lot to exchange and share if they want to make an impact on the international agenda as well.I was asked to summarize and reflect on what I heard at the conference. Based on that I made a presentation at the closing session of the conference - and I write this short report. But I have no intention to adequately summarize the papers and the conference. I haven't read more than a small fraction of the papers and only heard some 20% of the workshop presentations at the conference. What I present here is fairly kaleidoscopical - there are patterns, but I might be the only one that sees this particular version of them; I make no excuse for that.The conference was nicely framed by Lisbeth Pedersen, head of the Research Unit on Employment and Labour Market Issues, at one of the co-organizers of the conference, The Danish National Centre for Social Research. In the Danish case, she pointed at the tension between the solutions suggested by the National Welfare Commission in relation to the impact of the rising of life expectancy and globalization and the recommendations suggested by the Danish Family and Working Life Commission. The former commission was heavily committed to increasing the labor supply, whereas the latter commission primarily wanted the labor market to become more accommodating to the needs of parents with young children. Oh yes, we want to maintain our welfare state provisions, but to what extent is that possible?The first question that did attract attention is the Nordicness of our field and research: In what respect are working life different in the Nordic countries compared with other countries, how do we grasp the differences, and to what extent are the features under pressure (as suggested by the subtitle of the conference: Nordic Working Life and Research under pressure) and with what consequences?That the Nordic countries are special was acknowledge by many speakers. Torsten Bjorkman, the Swedish keynote speaker, suggested that there is an abundance of European work-related statistics that put the Nordic countries (and often the Netherlands, too) at one end of the scale. A paper by Armi Mustosmaki and colleagues showed this in relation to job quality. And all the other keynote speakers had points in their presentations to the same effect: We are special!What then is the foundation of this distinctiveness? This question had less prominence, but I would still like to point out a couple of presentations that due to their historical angle touched upon this question. First there was Hansen, Carlsson, and Skorstad, who compared the paper mill of the fifties, which was the empirical foundation of Sverre Lysgaard's (in the Nordic countries) famous study of arbeiderkollektivet, the workers collective, with the same paper mill in the new millennium. …

Visibility and voice in organisations

PurposeThe paper aims to focus on the activism of lesbian, gay, bisexual and transgendered (LGBT) people and their allies within work organisations. Specifically, it explores whether LGBT trade union groups and company employee network groups provide mechanisms for visibility, voice and activism for LGBT employees within UK organisations.Design/methodology/approachThis paper is based on in‐depth interviews with 149 LGB employees within 14 UK case study organisations. These took place within four local authorities, three fire and emergency services, two national voluntary sector organisations and five private sector organisations between 2004‐2006. In addition, 55 in‐depth interviews with management, trade union and LGBT company employee network group representatives within the organisations plus analysis of company and trade union web sites and publications provided information on organisation policy and practice. Interviews were conducted using a semi‐structured interview schedule and the data collected were coded and analysed with the assistance of Nvivo software.FindingsThis paper outlines the history of LGBT trade union groups and company employee network groups within the UK. It found that both LGBT trade union groups and company employee network groups have provided important and at times complimentary mechanisms for visibility, community and voice for LGBT employees. However, the paper recognised that LGBT company network groups were relatively “new actors” within the case study organisations and suggests that some early gains may have been those which companies were willing to concede. It concludes that more research will be needed to see whether both LGBT trade union and company employee network groups can maintain their momentum during a time of economic recession as equality and diversity budgets are squeezed.Originality/valueA decline in trade unions and increasing non‐unionisation despite labour movement revitalisation campaigns has meant that there is growing interest in whether employee network groups can provide meaningful avenues for “employee voice” in both unionised and non‐unionised workplaces. The paper addresses a gap in knowledge by focusing firstly on LGBT activism in the workplace and secondly on the rationale for and development of LGBT trade union and company employee network groups as mechanisms for “employee voice” for LGBT employees.