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 AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK

2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Good Faith ◽  
Structured Interviews ◽  
Recognition Process ◽  
Primary Focus

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.

Annual hours, workplace partnership and mutual gains: exploring the links

2016 ◽  
Vol 38 (2) ◽  
pp. 248-266 ◽  
Author(s):  
Lorraine Ryan ◽  
Joseph Wallace
Keyword(s):  
Collective Bargaining ◽  
Case Studies ◽  
Trade Union ◽  
Trade Unions ◽  
Design Methodology ◽  
Structured Interviews ◽  
Content Type ◽  
Secondary Material ◽  
The Creation

Purpose – The purpose of this paper is to explore the capacity of annual hours (AH) to deliver gains to both workers and management and assesses the role of workplace partnership in three Irish companies that have adopted AH. Design/methodology/approach – Three case studies are compared and contrasted. The case studies were compiled through semi-structured interviews with management and trade union representatives, a survey of 205 workers and secondary material. Findings – The authors find that workplace partnership is not a prerequisite for achieving mutual gains where AH are concerned. The research draws attention to the importance of a mechanism for the creation of gains, in these cases, AH and that such gains can arise from different processes. Mutual gains output is not confined to workplace partnership but can arise from collective bargaining. Originality/value – The paper highlights the importance of comparing case studies so that the role of factors often seen as causal to mutual gains in exemplar cases can be critically evaluated. It also utilises directly workers’ opinions on AH and workplace partnership where typically, representative views of management and trade unions dominate the literature on these issues.

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 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.

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 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 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.

Guida alla lettura della recente legge di riforma della democrazia sindacale in Francia: piena compatibilitŕ fra regolamentazione della contrattazione collettiva e principio del pluralismo sindacale

2009 ◽  
pp. 365-381
Author(s):  
Ilario Alvino
Keyword(s):  
Collective Bargaining ◽  
Key Words ◽  
Legal System ◽  
Trade Union ◽  
Trade Unions ◽  
The Other ◽  
Work Place ◽  
Reform Process ◽  
Freedom Of Association ◽  
The One

- The Author reviews the new French Law n. 2008-789, which introduces new considerable elements concerning the representativity of trade unions, the conditions of a regular collective bargaining, the establishment of specific structures of workers' representatives at the work place. On the one hand, the Author takes into consideration the differences between the Italian legal system and the French one, on the other hand, the reform process that brought into the introduction of new rules.Key words: France; Trade Union; Representativity; Collective bargaining; Freedom of association; Social dialogue.Parole chiave: Francia; sindacato; rappresentativitŕ; contratto collettivo; libertŕ sindacale; dialogo sociale.

scholarly journals Debates on Constitutionalism and the Legacies of the Cultural Revolution

2016 ◽  
Vol 227 ◽  
pp. 674-696 ◽  
Author(s):  
Wu Changchang
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Cultural Revolution ◽  
Migrant Workers ◽  
Trade Unions ◽  
Constituent Power ◽  
Historical Trajectory ◽  
Party State ◽  
The Cultural Revolution

AbstractThis article focuses on the debate surrounding constitutionalism that has been driven by a constitutionalist alliance of media reporters, intellectuals and lawyers since 2010, and follows its historical trajectory. It argues that this debate forms a discourse with a structuring absence, the roots of which can be traced back to the taboos surrounding the Cultural Revolution, the 1975 Constitution, and everything associated with them. The absence manifests itself in the silence on workers' right to strike, a right which was deleted from the 1982 Constitution in an attempt to correct the ultra-leftist anarchy of the Cultural Revolution. Previous and in contrast to that, there was a Maoist constitutional movement in the Cultural Revolution, represented by the 1975 Constitution, that aimed to protect the constituent power of the workers by legalizing their right to strike. Today, we are witnessing the rise of migrant workers as they struggle for trade union reform and collective bargaining with little support from the party-state or local trade unions. In this context, a third constitutional transformation should be considered that is not a return to the 1975 Constitution but which instead adds some elements which protect labour's right to strike to the 1982 Constitution.

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