scholarly journals The changing face of union action put to the test by neo-liberal reforms in France

Tempo Social ◽  
2020 ◽  
Vol 32 (1) ◽  
pp. 137-156
Author(s):  
Baptiste Giraud
Keyword(s):  
Collective Action ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Political Influence ◽  
Union Action ◽  
The Relationship

This article reviews how French trade union are coping with the neo-liberal policies since the early 1980s. It shows their divergent reactions, and how these liberal reforms are implemented in a context of transformation of trade union action: the use of strikes is more difficult at the same time as the relationship between trade unions and collective bargaining is transformed in a logic of depoliticizing their strategies of action. These developments did not prevent a resurgence of strikes in the 2000s. It reveals the limits of the trade unions’ power of political influence, that implies the use of collective action. However, strikes have declined further in recent years, revealing the weakening of trade union mobilisation power.

scholarly journals THE ITALIAN WAY TO INTERNAL DEVALUATION AND SOCIAL ACTORS’ STRATEGIES AGAINST AUSTERITY AND THE FLEXIBILIZATION OF THE LABOUR MARKET

2019 ◽  
Vol 4 (2) ◽  
pp. 129-151
Author(s):  
Giulia Giulia ◽  
Giovanni Orlandini
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Value Chains ◽  
Employment Contracts ◽  
Social Actors ◽  
The Public ◽  
Labour Costs ◽  
New Challenges ◽  
Union Action

Introduction: the Italian way to internal devaluation; 1.a Precarization of labour and weakening of trade union action at company level (amendment of dismissal law); 1.b Circumvention of the CCNL by means of exceptional employment contracts; 1.c Downward competition on labour costs by means of outsourcing and value chains; 1.d Promotion of decentralized collective bargaining and its power to derogate from the law and freezing of collective bargaining in the public sector; 2. The trade union(s) strategies; 2.a Bargaining strategy; 2.b Judicial strategy; 2.c Confrontational strategy; 3. New challenges for workers and new challenges for their organization(s); 3.a Italian trade unions’ strategies; 3.b Alternative experiences of (and in favour of) precarious workers; 4. Anti-austerity protests: the involvement of trade unions and social movements; 5. Concluding remarks; Bibliography.

scholarly journals Direct democracy and trade union action

2018 ◽  
Vol 24 (2) ◽  
pp. 217-232 ◽  
Author(s):  
Roland Erne ◽  
Markus Blaser
Keyword(s):  
Political Parties ◽  
Public Service ◽  
Trade Union ◽  
Trade Unions ◽  
Direct Democracy ◽  
Political Influence ◽  
The Political ◽  
European Federation ◽  
Transport Workers ◽  
Union Action

Until recently, the political influence of trade unions primarily relied on ties to labour-friendly political parties. Since the 1990s, however, party-union relations have deteriorated, forcing unions to consider complementary political strategies. This article reviews different direct democratic instruments at local, national and EU levels. We distinguish popular consultations initiated by government from above from citizens’ initiatives initiated from below and discuss corresponding trade union experiences in Germany, Italy, Ireland, Slovenia and Switzerland. We also analyse the successful right2water European Citizens Initiative (ECI) of the European Federation of Public Service Unions and the failed fair transport ECI of the European Transport Workers’ Federation at EU level. Whereas unions have successfully used direct democratic instruments to (i) defend social achievements or (ii) as a lever to extract policy concessions, direct democracy is also challenging. Successful direct democratic campaigns require unions that are able to mobilise their own rank-and-file and to inspire larger sections of society.

scholarly journals Guaranteed Minimum Income: New Spaces for Trade Union Action

2019 ◽  
Vol 9 (1) ◽  
pp. 109-127
Author(s):  
Eusebi Colàs-Neila ◽  
Josep Fargas
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Great Recession ◽  
Trade Unions ◽  
Minimum Wages ◽  
Labour Law ◽  
Common Trends ◽  
Minimum Income ◽  
Union Action ◽  
Guaranteed Minimum Income

Trade unions have developed a very important role guaranteeing minimum incomes through collective bargaining. However, after the last Great Recession and austerity policies imposed by the Troika on many countries, among which Spain, the traditional mechanism of fixing minimum wages has become less effective on many occasions. Nonetheless, it has been argued that trade unions are following various new paths in order to guarantee minimum wages, both in Spain and in comparative labour law, and these share several common trends. This paper aims to analyse these paths and which convergences in trade union practices and strategies can be detected in this field. Los sindicatos han desarrollado un papel muy importante en garantizar ingresos mínimos a través de la negociación colectiva. No obstante, tras la gran recesión y las políticas de austeridad impuestas por la Troika a muchos países, entre ellos España, el mecanismo tradicional de fijación de salarios mínimos ha sido menos eficaz en muchas ocasiones. A pesar de ello, se sostiene que los sindicatos están siguiendo diversos nuevos caminos para garantizar ingresos mínimos, tanto en España como en el derecho del trabajo comparado, que comparten muchas tendencias comunes. Este artículo se centra en analizar esas vías y las convergencias en las prácticas y estrategias de los sindicatos en este terreno.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

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.

scholarly journals From Global Unions to the Shop Floor: Trade Union Networks in Transnational Corporations in Brazil

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Ricardo Framil Filho ◽  
Leonardo Mello e Silva
Keyword(s):  
International Trade ◽  
Trade Union ◽  
Trade Unions ◽  
Transnational Corporations ◽  
Shop Floor ◽  
Local Labour ◽  
Transnational Connections ◽  
Union Action ◽  
Traditional Structures ◽  
Labour Power

This article analyses the origins, development and organisation of cross-union, company-based trade union networks in transnational corporations in the metal and chemical industries in Brazil. Collectively developed by local, national, foreign and international trade union organisations, this kind of union action was introduced in the country in the early 2000s as a way to connect local labour representatives organising workers in different locations within the same company. Networks strengthen local labour power and stimulate transnational connections. Promoting solidarity among workers across multiple factories, they offer the perspective for a global unionism connected to shop-floor organisation. Despite these achievements, networks face important challenges. Power imbalances, the reliance on restrictive social dialogue arrangements and the compromise with traditional structures limit the reach of the strategy.  KEY WORDS: globalisation; trade unions; new labour transnationalism; trade union networks; Brazil

13. Collective bargaining

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Bargaining Power ◽  
Employment Relationship ◽  
Relationship Status ◽  
Key Issues ◽  
And Function ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

scholarly journals Taming Labor: Workers’ Struggles, Workplace Unionism, and Collective Bargaining on a Chinese Waterfront

ILR Review ◽  
2018 ◽  
Vol 71 (5) ◽  
pp. 1053-1077 ◽  
Author(s):  
Tim Pringle ◽  
Quan Meng
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Container Terminal ◽  
Structured Interviews ◽  
Enterprise Level

This article examines the case of the Yantian International Container Terminal (YICT) to consider under what conditions unions can provide effective workplace representation in China. The authors draw on semi-structured interviews to analyze how and why the union was effective, despite rigid prohibitions against organizing outside of the Party-led All-China Federation of Trade Unions. The authors argue that the YICT union developed a system of annual collective bargaining that tamed the power of militant dockworkers and helped prevent strikes. This outcome required an effective enterprise-level trade union that was nevertheless able to influence and manage members’ somewhat ambiguous acceptance of its role. Ultimately, workers’ interests were partially represented and their acquisition of associational power—in the form of trade unions—increased.

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

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