Book Review: International and Comparative Industrial Relations: Freedom of Association, the Right to Organize and Collective Bargaining: The Impact on U.S. Law and Practice of Ratification of ILO Conventions No. 87 and No. 98

ILR Review ◽  
1986 ◽  
Vol 39 (2) ◽  
pp. 301-301
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose

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.


2021 ◽  
pp. 102425892199500
Author(s):  
Maria da Paz Campos Lima ◽  
Diogo Martins ◽  
Ana Cristina Costa ◽  
António Velez

Internal devaluation policies imposed in southern European countries since 2010 have weakened labour market institutions and intensified wage inequality and the falling wage share. The debate in the wake of the financial and economic crisis raised concerns about slow wage growth and persistent economic inequality. This article attempts to shed light on this debate, scrutinising the case of Portugal in the period 2010–2017. Mapping the broad developments at the national level, the article examines four sectors, looking in particular at the impact of minimum wages and collective bargaining on wage trends vis-à-vis wage inequality and wage share trajectories. We conclude that both minimum wage increases and the slight recovery of collective bargaining had a positive effect on wage outcomes and were important in reducing wage inequality. The extent of this reduction was limited, however, by uneven sectoral recovery dynamics and the persistent effects of precarious work, combined with critical liberalisation reforms.


Author(s):  
Bojan Urdarević ◽  

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.


Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Marco Peruzzi

AbstractThe essay focusses on the employment relationship as a privileged perspective for the analysis of the binomial “power of voices/voices of power.” In such context, the right to strike is presented as a meaningful example of the power stemming from a collective organisation of voices, the voices of the workers, granted as a means to counter-balance the power and the voice of the employer. The analysis highlights the enduring relevance of the British perspective towards the topic, from the liberalist policies fostered by Prime Minister Thatcher in the Eighties until the critical approach recently adopted by the British Government with regard to the protection of the right to strike at international level. British filmography is chosen as a lens for observing such perspective, in particular to the extent it describes the impact of Thatcherism on the British model of industrial relations as well as the economic and social consequences of such political measures in the Nineties. After a general overview, aimed at highlighting common features across the films, like the pivotal role of music and dance in the storyline, the analysis focusses on Billy Elliot, examining the ambiguous relationship between the collective and individual dimension in its narration.


Author(s):  
Paolo Caputo ◽  
Antonino Campenni ◽  
Elisabetta Della Corte

In the actual context of globalization, carmakers face a highly competitive market. The pace of technological innovation, the increase in international competition, the saturation of markets and the shortening of product lifespan are but some of the factors requiring a new organization of production. In order to face these radical changes, carmakers are implementing new strategies, not only by embracing the concept of globalization, but also by promoting changes in labour management practices, work organization and industrial relations. The aim of this paper is to analyze the impact of Fiat’s new managerial strategies in response to increased global competition on the situation of the industrial relations, on the role of the Unions and on the condition of workers. These strategies include an intensification of work, shift and wage flexibility, plus a severe limitations of workers’ rights (including the right to strike). On the one hand, such a strategy was presented and justified to the workers and the public as an objective necessity of global economy, and was even submitted to a referendum; on the other, the process was conducted unilaterally, under the recurring threat of transferring production abroad if the workers and their Unions refused to accept the new method. This brought to a split of the Unions and dialogue was maintained only with collaborative organisations, causing the discrimination of the other Unions and a situation of great dissatisfaction amongst all the workers. Through the words of workers and Union activists, the research showed evidence of the failure of claims that new management strategy can ensure both productivity and a new form of workplace democracy in the post-fordist factory. Despite new labour-saving technologies, lean production organisation and the adoption of new metric systems (such as Ergo-UAS), car industry would need, more than in the past, the involvement and active participation of Unions and workers. On the contrary, the paper points out how Fiat’s actual form of production organization generates new tensions and increases employee’s discontent, likely to ignite industrial conflict.


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