Tipping the Scales for Labour in Ireland? Collective Bargaining and the Industrial Relations (Amendment) Act 2015

2019 ◽  
Author(s):  
Caroline Murphy ◽  
Thomas Turner
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Union Density ◽  
Anglo Saxon ◽  
Social Partnership ◽  
Non Union ◽  
Two Factors ◽  
Missed Opportunity

Abstract Trade union density in Ireland has followed a similar pattern of decline to that of other Anglo-Saxon economies in recent decades. However, two factors make Ireland distinctive within this classification of countries, firstly the system of national social partnership that prevailed from 1987 to 2008, and secondly, the absence of a statutory route to union recognition. In this paper, we examine the extent to which a new piece of legislation, the Industrial Relations Amendment Act 2015, provides unions with a route to securing bargaining rights for workers and extends collective bargaining rights generally. We conclude that the Act represents a missed opportunity to offer mechanisms to secure rights for unions and their members capable of delivering collective bargaining to the non-union sector. We situate the paper within debates concerning the role of labour law in supporting workers rights to collective bargaining.

scholarly journals Inequality between capital and labour and among wage-earners: the role of collective bargaining and trade unions

2021 ◽  
Vol 27 (1) ◽  
pp. 29-46
Author(s):  
Maarten Keune
Keyword(s):  
Collective Bargaining ◽  
Wage Inequality ◽  
Trade Unions ◽  
Bargaining Power ◽  
Union Density ◽  
General Terms ◽  
Union Bargaining Power ◽  
Wage Earners ◽  
The Relationship

In the context of rising inequality between capital and labour and among wage-earners in Europe, this state-of-the-art article reviews the literature concerning the relationship between collective bargaining and inequality. It focuses on two main questions: (i) what is the relationship between collective bargaining, union bargaining power and inequality between capital and labour? and (ii) what is the relationship between collective bargaining, union bargaining power and wage inequality among wage-earners? Both questions are discussed in general terms and for single- and multi-employer bargaining systems. It is argued that collective bargaining coverage and union density are negatively related to both types of inequality. These relationships are however qualified by four additional factors: who unions represent, the weight of union objectives other than wages, the statutory minimum wage, and extensions of collective agreements by governments.

The role of collective bargaining in addressing flexibility and security

2017 ◽  
Vol 23 (4) ◽  
pp. 329-346 ◽  
Author(s):  
Valentina Paolucci
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Organizational Characteristics ◽  
Considerable Degree ◽  
Firm Level ◽  
Explanatory Variables ◽  
Institutional Structures ◽  
Union Representation ◽  
Multi Level

This article examines the role of collective bargaining in addressing flexibility and security in the chemical and pharmaceutical sector in Italy and Denmark. My multi-level and comparative focus on collective bargaining highlights that sector-level industrial relations institutions account for a considerable degree of within-country homogeneity in the content of company agreements over issues of flexibility and security. Moreover, it shows that the degree of company-level heterogeneity is conditioned primarily by firm-level contingencies: union representation and organizational characteristics. This means that at company level, both institutional and non-institutional structures are important explanatory variables.

Employer Strategies Towards Non‐Union Collective Voice

2010 ◽  
Author(s):  
Paul J. Gollan
Keyword(s):  
Trade Unions ◽  
Management Strategies ◽  
Industrial Relations ◽  
Union Density ◽  
Non Union ◽  
Collective Voice ◽  
Dual Channel ◽  
English Speaking ◽  
Legislative Changes ◽  
Union Voice

Non-union collective voice (NCV) has tended to play a minimal role in many Anglo industrial relations systems, with few formal processes or legal requirements. However, the lack of representative structures covering increasing numbers of non-union employees due to declining levels of trade union density and legislative changes banning closed shop or compulsory union arrangements have prompted the current interest in NCV arrangements. This article explores management strategies towards, and the development of, NCV arrangements and union responses to such arrangements in predominately English-speaking countries. It also tracks the development of dual-channel NCV and union voice arrangements, and examines the interplay between channels of NCV and trade unions. Overall, the article reviews this theory and raises debates around management strategies and issues involved in the process of transition from NCV to unionism.

Unions and collective bargaining in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 357-381 ◽  
Author(s):  
Mark Bray ◽  
Johanna Macneil ◽  
Leslee Spiess
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Coalition Government ◽  
Collective Agreement ◽  
Employment Relations ◽  
Federal Election ◽  
Non Union ◽  
Collective Agreements ◽  
Industrial Disputes ◽  
Wage Outcomes

There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.

The classification of employment relationships in Belgium

2019 ◽  
Vol 10 (3) ◽  
pp. 198-218
Author(s):  
Mathias Wouters
Keyword(s):  
Collective Bargaining ◽  
Working Relationships ◽  
Contemporary Debate ◽  
Employment Contract ◽  
Employment Relationships ◽  
Self Employment ◽  
Economic Dependency

This chapter provides an overview of the characteristics of the Belgian employment contract and, in particular, of the concept of ‘subordination’. After having painted a picture of what differentiates an employment contract from a contract for services, it, subsequently, assesses the classification of certain specific examples, such as self-employed persons with only one client. The role of economic dependency in the classification of working relationships is discussed by using these examples. The chapter furthermore emphasises the strong binary divide between employment and self-employment. It goes into more detail on the country’s collective bargaining mechanisms for false and genuine self-employed workers. After having described the Belgian take on identifying the ‘employing entity’, the chapter finishes off by outlining the contemporary debate on the reform of the Belgian classification mechanisms.

scholarly journals Editorial Essay: From Cautious Optimism to Renewed Pessimism: Labor Voice and Labor Scholarship in China

ILR Review ◽  
2018 ◽  
Vol 71 (5) ◽  
pp. 1013-1028 ◽  
Author(s):  
Sarosh Kuruvilla
Keyword(s):  
Collective Bargaining ◽  
Labor Movement ◽  
State Policy ◽  
Special Section ◽  
Industrial Relations ◽  
Chilling Effect ◽  
Labor Activism ◽  
Single Period ◽  
Editorial Essay

This introductory essay highlights the changing foci of labor scholarship during five distinct periods in the evolution of Chinese industrial relations. In so doing, the author argues that labor scholarship has oscillated between pessimistic and optimistic views regarding whether a labor movement is forming in China. The three articles brought together in this special section focus on the key themes of labor activism, collective bargaining, and the role of labor NGOs during a single period, 2006 to 2015. Together, the articles evidence optimism about the future of labor voice in China. This essay, however, suggests that the post-2015 period has been marked by changes in state policy that are having a chilling effect on labor voice and labor scholarship.

Trade union revitalisation: Where are we now? Where to next?

2017 ◽  
Vol 59 (2) ◽  
pp. 170-191 ◽  
Author(s):  
Christian Lyhne Ibsen ◽  
Maite Tapia
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Policy Making ◽  
Political Action ◽  
Value Chains ◽  
Anglo Saxon ◽  
Power Resources ◽  
Institutional Frameworks ◽  
Institutional Contexts

In this article, we review and assess research on the role of trade unions in labour markets and society, the current decline of unions and union revitalisation. The review shows three main trends. First, trade unions are converging into similar strategies of revitalisation. The ‘organising model’ has spread far beyond the Anglo-Saxon countries and is now commonplace for unions as a way to reach new worker constituencies. Thus, even in ‘institutionally secure’ countries like Germany and the Nordic countries, unions are employing organising strategies while at the same time trying to defend their traditional strongholds of collective bargaining and corporatist policy-making. Second, research has shown that used strategies are not a panacea for success for unions in countries that spearheaded revitalisation. This finding points to the importance of supportive institutional frameworks if unions are to regain power. Third, especially in Anglo-Saxon countries, unions are building external coalitions with other social movements, including across borders, to compensate for the loss of power resources that were tied to national collective bargaining and policy-making. Research has shown that unions, even in adverse institutional contexts, can be effective when they reinvent their repertoires of contention, through political action or campaigning along global value chains.

scholarly journals Essence and Specifics of the Magistrate’s Court and Conciliation Proceedings

2021 ◽  
Vol 3 (3) ◽  
pp. 68-82
Author(s):  
Mihail Mateev ◽  
Keyword(s):  
Essential Elements ◽  
Alternative Methods ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Theoretical Understanding ◽  
Judicial Practice ◽  
History Of ◽  
The Republic

Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.

The Wapping Dispute and Labour Law

1986 ◽  
Vol 45 (2) ◽  
pp. 285-304 ◽  
Author(s):  
K. D. Ewing ◽  
B. W. Napier
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Industrial Relations ◽  
Labour Law ◽  
International Group ◽  
Industrial Conflict ◽  
The Law ◽  
Rich Material ◽  
The Right

A decade ago the conflict between George Ward, proprietor of Grunwick Processing, and the Association of Professional, Executive Clerical and Computer Staff (APEX) provided a platform for an extended debate about the role of the law in industrial relations, the right of employers to refuse to recognise trade unions for collective bargaining purposes and, in particular, the efficacy of legislation as a means of promoting such recognition. In 1986 the decision to move the printing of various newspapers within the News International Group (the chairman of which is Mr. Rupert Murdoch) from Fleet Street to a new purpose-built printing plant at Wapping in London's docklands occasioned another set-piece battle between labour and a strong-minded employer. The issues and the climate of industrial relations in which the dispute took place are very different but, like Grunwick, the Wapping dispute provides rich material for all interested in how the law can be used as part of the strategy of industrial conflict.

British Industrial Relations Policy Transformed: The Thatcher Legacy

1991 ◽  
Vol 11 (3) ◽  
pp. 291-313 ◽  
Author(s):  
David Marsh
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
The Political ◽  
Union Power ◽  
Limited Evidence ◽  
Political Role ◽  
Legislative Framework ◽  
The Law

ABSTRACTIt is widely believed by political scientists that the Thatcher Governments transformed British industrial relations and ‘curbed union power’. In contrast, most industrial relations scholars have argued that despite the legislative onslaught relatively little has changed on the shopfloor. This paper examines both claims. Much has changed in Britain since 1979. In particular, the political role of unions has altered substantially. Unions in 1991 are infrequently consulted and have very little influence. In addition, the legislative framework within which unions operate is very different; their activities are much more circumscribed by the law than previously. But much less has changed on the shopfloor; for example, there is limited evidence of a major move to derecognise unions or restrict collective bargaining. Governments can only set the legislative framework within which shopfloor industrial relations operate; it cannot determine outcomes.

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