scholarly journals The conditional effect of technological change on collective bargaining coverage

2019 ◽  
Vol 6 (1) ◽  
pp. 205316801882395 ◽  
Author(s):  
Brett Meyer ◽  
Thomas Biegert
Keyword(s):  
Labor Market ◽  
Collective Bargaining ◽  
Technological Change ◽  
Negative Relationship ◽  
National Sample ◽  
German Firm ◽  
Collective Agreement ◽  
Firm Level ◽  
Collective Agreements ◽  
Industry Level

Recent work in labor economics has shown that technological change has induced labor market polarization, an increase in demand for both high and low skill jobs, but declining demand for middle skill routine task jobs. We argue that labor market polarization should affect firms’ participation in collective agreements, but only in countries where laws automatically extending collective agreements to nonparticipating firms are weak. We develop an argument in which labor market polarization increases the distance between different skill groups of workers in both preferences for unionization and leverage to realize those preferences. Because of this, an increase in labor market polarization should be associated with a decline in collective bargaining coverage. We test our hypothesis about collective agreement extension and collective bargaining coverage in a cross-national sample of 21 Organisation for Economic Co-operation and Development countries from 1970 to 2010 and our hypothesis about labor market polarization in German firm-level and industry-level data from 1993–2007. We find a negative relationship in the Organisation for Economic Co-operation and Development sample between technological change and collective bargaining coverage only in countries that make little or no use of extension procedures. We find that higher workforce skill polarization is associated with lower collective agreement participation in both German firm-level and industry-level samples.

scholarly journals Changements technologiques et rapports collectifs du travail

2005 ◽  
Vol 28 (1) ◽  
pp. 3-37
Author(s):  
André C. Côté
Keyword(s):  
British Columbia ◽  
Collective Bargaining ◽  
Technological Change ◽  
Technological Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Commission Report ◽  
Teleological Interpretation ◽  
The Impact ◽  
The Relationship

This paper focusses on the relationship between technological change and the labour relations system circumscribed by the Québec Labour Code. While a teleological interpretation of bargaining rights of certified associations by labour jurisdictions seems to have dealt adequately with the impact of such changes on certification, the doctrine of residual management rights, in the context of fixed-term agreements entrenched in the Québec Labour Code, appears to be, in the opinion of the author, unduly rigid and restrictive. The Freedman Report on Railway run-through and the subsequent discussions surrounding the Woods Commission Report in the 1960's, resulted in the inclusion in the Canada Labour Code of provisions pertaining to the possible adjustment, through collective bargaining, of collective agreements in the context of such technological changes. Various provisions to the same effect have subsequently been inserted in the Labour Codes of Saskatchewan, Manitoba and British-Columbia. The Report of the Beaudry Commission recently proposed that the Québec Labour Code be similary modified by the inclusion of analoguous provisions. The author suggests that a reform along the lines thus suggested is, in principle, desirable to ensure a more equitable adaptability of our legal categories to the imperatives of technological change.

The Power to Alter Personal Provisions in Collective Agreements

1978 ◽  
Vol 13 (3) ◽  
pp. 326-358 ◽  
Author(s):  
Frances Raday
Keyword(s):  
Collective Bargaining ◽  
Tax Reform ◽  
The Other ◽  
Collective Agreement ◽  
Individual Level ◽  
Collective Agreements ◽  
The Past ◽  
Important Quality ◽  
The Government ◽  
The Individual

On two notable occasions in the past two years, it was found necessary to use legislation in order to buttress the potency of general collective agreements. The first of these occasions was when legislation was used to give overriding legal force to a general collective agreement between the Histadrut and the Government incorporating the tax reform recommendations of the Ben Shachar Committee. The second was a similar use of legislation with regard to the general collective agreement between the Histadrut and the Government incorporating the special increments recommendations of the Barkai Committee. The two collective agreements concerned shared one important quality: They both purported to derogate from rights previously enjoyed by employees under existing collective agreements. One of the reasons for legislative intervention to support these agreements was the existence of doubt as to the legal effectiveness of their attempt to derogate from the individual employees' rights.The source of the doubt as to the legal effectiveness of such agreements lies in the existence of two distinct levels at which a collective agreement functions: the collective and the individual levels. At the collective level, conditions are determined by the collective bargaining parties, the employer or employers' organisation on one hand and the employees' organisation on the other; at this level, the collective agreement is a consensual arrangement between the parties to it, the parties fix the terms and have a contractual right to demand their enforcement. The terms fixed at the collective level take effect, however, also at the individual level; the individual employees of an employer bound by the agreement are both bound by the agreement and entitled to enjoy the rights bestowed by the agreement. The Collective Agreements Law gives forceful expression to the effect of the collective agreement's personal provisions at the individual level, giving them immediate and mandatory effect as part of each individual employee's employment contract.

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.

Balancing Union and Individual Rights in Israeli Collective Bargaining: Job Security and the Reinstatement of Wrongfully Dismissed Employees

1995 ◽  
Vol 29 (3) ◽  
pp. 459-490
Author(s):  
Herbert Schreiber
Keyword(s):  
Collective Bargaining ◽  
Union Membership ◽  
Labor Law ◽  
Job Security ◽  
Collective Agreement ◽  
Labor Organization ◽  
Individual Rights ◽  
Collective Agreements ◽  
Current State ◽  
The Difference

This paper will deal with the reinstatement of wrongfully dismissed employees in the Israeli law of collective bargaining. According to the current state of Israeli labor law, this question is connected with many other issues, such as the difference between individual and collective disputes (a problem most exhaustively developed in the law of strikes), the ability of an individual employee to enforce rights deriving from a collective agreement and the application of the regular contracts remedies law to collective agreements. We begin with the collective agreement and its administration.Israel's Collective Agreements Law of 1957 exhibits an intriguing amalgam of American and continental influences. From America the act borrowed the concept of an exclusive bargaining representative. It was contemplated that in aspecialcollective agreement between a labor organization and a single employer or in ageneralcollective agreement between a labor organization and an employers' association,onelabor organization only would be entitled to enter into the collective agreement — the labor organization with the largest union membership. An agreement made by such a representative labor organization would directly bind all employees in the plant or trade covered by the agreement, whether members of the representative labor organization or not.

scholarly journals Die Transformation einer bundesdeutschen Basisinstitution - oder: warum Bob Dylan Recht hatte...

2003 ◽  
Vol 33 (130) ◽  
pp. 147-158
Author(s):  
Wolfgang Schroeder
Keyword(s):  
Collective Bargaining ◽  
Welfare State ◽  
Trade Unions ◽  
Business Environment ◽  
Collective Agreement ◽  
Collective Agreements ◽  
Bob Dylan

Industry-wide collective agreement is one of the important basic institutions of  Geman welfare state, Mainstream arguments are that due to changed business environment industrywide collective agreements are more and more getting under pressure, In PROKLA 129 Michael Wendl presented a thesis against this view and argued that the problem is not the business environment but the failure to adjust to it on part of trade unions, This statement is challenged by arguing that in order to secure the efficiency of the collective agreement policy under the changed conditions a new mix between institutiOl,lal, organizational, and policy-related changes is essential and it should be provided by the collective bargaining parties themselves, Both parties have already achieved some acceptable results in this regard,

Measuring Labor Market Power Two Ways

2019 ◽  
Vol 109 ◽  
pp. 317-321 ◽  
Author(s):  
José Azar ◽  
Ioana Marinescu ◽  
Marshall Steinbaum
Keyword(s):  
Labor Market ◽  
Labor Supply ◽  
Labor Markets ◽  
Market Power ◽  
Negative Relationship ◽  
Firm Level ◽  
Supply Elasticity ◽  
Labor Supply Elasticity ◽  
Monopsony Power

We compute the “applications elasticity” as a proxy for firm-level labor supply elasticity by regressing the applications to a given job on the posted wage. The average applications elasticity in our data is 0.42. We then relate our elasticity estimates to concentration in labor markets defined by six-digit SOC occupations and commuting zone. We show a robust negative relationship between the two. Applications elasticity is near zero for all but the most densely populated labor markets, suggesting that 80 percent of the workforce works in labor markets where employers exercise significant monopsony power.

scholarly journals A kollektív munkaszerződés szabályozásának problémái Romániában

2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek
Keyword(s):  
Collective Bargaining ◽  
Bargaining Power ◽  
Collective Agreement ◽  
Labour Law ◽  
Drastic Reduction ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
Definition Of

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

scholarly journals The extension of collective agreements as a way to promote collective bargaining

2021 ◽  
pp. 281-292
Author(s):  
Bojan Urdarević
Keyword(s):  
Collective Bargaining ◽  
Migrant Workers ◽  
Industrial Revolution ◽  
Policy Instrument ◽  
Collective Agreement ◽  
Joint Decision ◽  
Fourth Industrial Revolution ◽  
Collective Agreements ◽  
The Social ◽  
Work And Employment

Collective bargaining is a process of joint decision-making in which the social partners, representing the interests of their membership, try, in good faith, to determine the content and conclude the collective agreement. In this sense, collective bargaining is a way to resolve many issues related to the work process, to the satisfaction of all parties. In a context in which labour markets are characterized by inequality and uncertainty, the extension of the collective agreement is a key public policy instrument for the promotion of collective bargaining in general. However, certain principles must be represented to allow as many workers as possible to be covered by the extended effect of the collective agreement. These principles are set out in Collective Agreements Recommendation no. 91 of International Labour Organization and need to be followed to ensure respect for the free and voluntary nature of collective bargaining. With the fourth industrial revolution, the world of work changed radically, but the institute of the extended effect of the collective agreement can offer some answers to new circumstances, such as the increase of flexible forms of work and employment, migrant workers, or posted workers.

scholarly journals A matter of fragmentation? Challenges for collective bargaining and employment conditions in the Spanish long-term care sector

2021 ◽  
pp. 102425892110280
Author(s):  
Núria Sánchez-Mira ◽  
Raquel Serrano Olivares ◽  
Pilar Carrasquer Oto
Keyword(s):  
Collective Bargaining ◽  
Long Term Care ◽  
Public Procurement ◽  
Family Care ◽  
Collective Agreement ◽  
Term Care ◽  
Collective Agreements ◽  
Employment Conditions ◽  
Negative Effect

The long-term care system in Spain has been characterised by decentralisation, marketisation, fiscal austerity and its reliance on informal family care and cheap migrant labour. Focusing on home-help services, this article addresses the extent to which the sector’s multi-level system of collective bargaining can be characterised as fragmented and whether this has had a negative effect on employment conditions. The research involved an analysis of the legal and collective bargaining framework, expert interviews and employee focus groups. We argue that the precedence given to sectoral agreements within public procurement processes is one main factor preventing a move towards ‘disorganised decentralisation’ in the aftermath of the 2012 labour market reform. Moderate decentralisation has favoured heterogeneity in pay and working conditions at regional and provincial levels. However, these mid-level collective agreements have improved standards with respect to the national collective agreement, and there has been a minor increase in the number of company-level collective agreements since the reform. The limited professionalisation, the lack of recognition of skills and effort in occupational classifications, and the organisation of working time emerge as key contributors to the sector’s poor employment conditions.

When Collective Bargaining Leads to Inequality: Determinants of Two-Tier Provisions in Canadian Collective Agreements

ILR Review ◽  
2018 ◽  
Vol 72 (4) ◽  
pp. 871-896 ◽  
Author(s):  
Mélanie Laroche ◽  
Frédéric Lauzon Duguay ◽  
Patrice Jalette
Keyword(s):  
Labor Market ◽  
Collective Bargaining ◽  
Market Segmentation ◽  
Large Population ◽  
Industrial Relations ◽  
Job Security ◽  
Union Power ◽  
Labor Market Segmentation ◽  
Collective Agreements ◽  
Newly Hired

This study examines two-tier provisions—a form of labor segmentation in firms that is increasingly formalized in collective agreements. Drawing on a large population of Canadian collective agreements from the private sector, the authors show that the adoption of these provisions is related more to industrial relations context than to economic uncertainty. Also, depending on whether the two-tier provisions focus on compensation or on job security, their determinants operate dissimilarly. This study contributes to labor market segmentation theory by showing the circumstances under which collective bargaining can marginalize newly hired workers in the primary labor market, namely, weak union power, pressures from sectoral comparisons, employer use of concessionary tactics and, ironically, collective agreements featuring advantageous working conditions.

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