scholarly journals York University and Cupe 3903— Future of Collective Bargaining Rights

2020 ◽  
Vol 9 (2) ◽  
pp. 273-284
Author(s):  
Sonia Mehrotra ◽  
Stephen D. Risavy
Keyword(s):  
Collective Bargaining ◽  
Third Party ◽  
Public Employees ◽  
University Administration ◽  
Bargaining Process ◽  
Labour Relations ◽  
Distributive Negotiation ◽  
The Government ◽  
The University ◽  
Back To Work

The Canadian Union of Public Employees (CUPE) 3903 view the introduction of the new Ontario government’s ‘back to work’ legislation (Bill 2) as detrimental and a threat to their fundamental bargaining rights. Why is the government legislating the CUPE members back to work instead of allowing them to further negotiate with the administration of York University? If resolving issues through the collective bargaining process is not allowed, then what will happen to the relationship between the union and the university authorities? Dilemma Why did the government bring in the bill with ‘back to work’ clause? The concerned parties could have settled the issue through negotiation. Theory: Labour relations, integrative vs. distributive negotiation and third-party interventions Type of the case: Decisional and applied Protagonist: Not needed Options Negotiation, appointing mediator, adopting competitive distributive strategy or collaborative integrative strategy Discussions and Case Questions Suggest a more effective way to resolve the crisis. What are the main contentions of CUPE 3903 and the York University Administration in this negotiation? Discuss the strategies and tactics as used by CUPE 3903 and the York University Administration. Could these be optimized further? Evaluate the gap between the current strategy and the optimal one Is there any way in which a third-party mediator could craft a mutually beneficial agreement?

Collective Bargaining and Trade Union: A Decision Imbroglio at UPSRTC

2016 ◽  
Vol 5 (2) ◽  
pp. 234-243
Author(s):  
Archana Sharma ◽  
Sachin Kumar Srivastava
Keyword(s):  
Collective Bargaining ◽  
State Government ◽  
Trade Unions ◽  
Uttar Pradesh ◽  
Road Transport ◽  
Third Party ◽  
Business Operations ◽  
Major Player ◽  
The Government ◽  
Intention To Change

Any fundamental change in structures, processes or business operations is bound to trigger reactions from stakeholders’ perception about the intention to change. These reactions need to be addressed with due consideration to the stakeholders’ interest or else may prove detrimental to all. Resolving disputes and trade unions roles are crucial in establishing peace and safeguarding the interest of employees. Trade unions initiate dialogues, organize collective actions and use the dispute machinery for resolving conflicts to bring an agreeable solution satisfying all. Collective bargaining is a major tool towards a mutual consensus and agreement through bipartite measures. Continuous efforts at arriving at a mutual agreement may fail and resorting to the third-party intervention may hold the key to arriving at an agreeable and a peaceful end to problems. This has been demonstrated in the given case. Uttar Pradesh State Road Transport Corporation (UPSRTC) is a major player in roadways transportation with very low competition from private transporters. The corporation provides comfortable and economical services to the passengers and holds a monopoly position with the private operators relying heavily on infrastructure support of the corporation. The state government decided to introduce public–private partnership (PPP) model on which UPSRTC model would work. Such a move by the government was not acceptable to the unions and the employees. Major agitations and intervention of the court forced the government to withdraw some of its decisions perceived as a threat and detrimental to the corporation.

scholarly journals Consequences of bullying on university students in Bangladesh

Management ◽  
2021 ◽  
Vol 25 (1) ◽  
pp. 186-208
Author(s):  
Mostafizur Rahman ◽  
Monjurul Hasan ◽  
Alamgir Hossain ◽  
Zahangir Kabir
Keyword(s):  
Factor Analysis ◽  
Family Involvement ◽  
Structural Equation ◽  
Descriptive Analysis ◽  
National Level ◽  
Equation Modeling ◽  
University Administration ◽  
Speaking Up ◽  
The Government ◽  
The University

Summary Bullying at university is a pervasive phenomenon that has negative outcomes on the psychological and actual wellbeing of students, their success and achievement. The examination expected to research the consequences of bullying on university level students. A self-administrated survey was planned by the exploration goals and theories. The sample size consists of 380 students randomly selected from different faculties of a public university in Bangladesh. The questionnaire was coded and analyzed using SPSS-AMOS-24 and descriptive analysis, exploratory factor analysis (EFA), confirmatory factor analysis (CFA) and structural equation modeling (SEM) were used for data analysis. The results of the study indicated that bullying exists at the university and affects student’s academic achievement and success, either by victims or the bullies. The bullied students resolved unpleasant situations using active or passive responses. This study discovers the causes and consequences of students bullying and gives suggestions to the students, university administration and parents of students on how to solve this problem. The study also helps prevent bullying by educating student about their rights, providing students with confidential way to report bullying, encouraging bystanders by to take immediate actions, such as speaking up and reporting the incident and emphasizing the importance of family involvement. This study has recommended that teachers and the university administration need to take different measures to reduce bullying. Teachers may coordinate with and talk to the bully’s students. Teachers, university administration, and NGOs can seta few projects for menaces to alleviate the university bullying. Moreover, the government should take legal action to prevent bullying. Therefore, the desirable application of the results of this research reality makesa valuable contribution to development at the national level.

scholarly journals Managerial Innovation in the Public Sector: An Exploratory Study on the State University Administration in Sri Lanka

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
R. L. S. Fernando
Keyword(s):  
Public Sector ◽  
Sri Lanka ◽  
Academic Staff ◽  
The State ◽  
Research Approach ◽  
Degree Programs ◽  
University Administration ◽  
The Government ◽  
The University ◽  
Managerial Innovation

Universities are expected to provide employable and quality graduates. The government of Sri Lanka provides education facilities to the nations and the total expenditure incurred from the General Treasury. However, a lack of financial resources is one of main constraints being faced by the State universities. These situations negatively affect the performance of the students. Even though, the financial and other constraints remain, universities would not reduce the expected service delivery. Thus, this paper argues that universities could perform in innovative ways in managing their educational programmes that would lead to improve the quality and the relevance of the output of the universities leading to more effective and efficient administration. Thus, this study examines the utility of innovation theory in university administration in Sri Lanka. The study attempts to answer two main research questions: Is innovation possible in the university Administration? And what are the main factors affecting on innovation in the university administration? Qualitative research approach with a purposive sample of 20 administrators from four universities from the Western Province was selected by using reputed snowballing technique. Descriptive analysis was undertaken. The study confirmed that innovation is possible and already happening within the university administration. Innovation in university administration means introducing and implementing systems of management by using new ideas to improve the efficiency and the effectiveness of the degree programs. The study presents several innovative practices initiated by the university administration which have created potential benefits to the degree programs. The administrators’ motivation to achieve is the significant determinant of the managerial innovation and supportive environment which is mainly the supports of the academic staff and the external environment are other significant determinants of managerial innovation in the administration of the selected universities in Sri Lanka.KeywordsManagerial Innovation, Public Sector, University Administration

scholarly journals The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3

2017 ◽  
Vol 17 (1) ◽  
pp. 612
Author(s):  
Shamier Ebrahim
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Bargaining Process ◽  
Stare Decisis ◽  
Labour Relations ◽  
Appeal Court ◽  
Labour Practice ◽  
Northern Cape ◽  
The Right ◽  
Term Benefit

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA. 

scholarly journals Research on the Participation of University-affiliated Think Tanks in Local Economic Development

2019 ◽  
Vol 25 ◽  
pp. 04003
Author(s):  
Zijun Tang
Keyword(s):  
Economic Development ◽  
Local Economic Development ◽  
Basic Function ◽  
Think Tanks ◽  
Third Party ◽  
Non Profit ◽  
Current Period ◽  
The Government ◽  
The University

The basic function of modern university is to train talents, produce and disseminate scientific knowledge, and promote technological progress. As an important birthplace of high technology, universities are the natural matrix of good think tanks. Compared with the government-affiliated think-tanks and the social think tanks, the university-affiliated think tanks have some unique advantages, such as the concentrated embodiment of the university resources, the role of the third party of non-profit, more advanced and standardized operational model, and the strong scientific research foundation and ability. Therefore, in the current period of important strategic opportunities for local economic and social development, the construction of university-affiliated think tanks should be strengthened, giving full play to the role of university-affiliated think tanks, so as to promote local economic development.

Lessons in trade union law reform: the origins and passage of the Trade Disputes Act 1906

Legal Studies ◽  
1982 ◽  
Vol 2 (1) ◽  
pp. 34-52
Author(s):  
Richard Kidner
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Law Reform ◽  
Political Pressure ◽  
Trade Disputes ◽  
Labour Relations ◽  
The Past ◽  
Political Expediency ◽  
The Government

For the past 75 years the Trade Disputes Act 1906 has been regarded as a statute of fundamental importance, both for its provisions and for the fact that it established that the future of labour relations in Britain was to be placed firmly on the basis of voluntary collective bargaining rather than arbitration. This Act is often regarded as an immutable foundation of principle based on well debated theory, but it would be a mistake to ascribe such grandiose origins to this particular statute, for it was the result of a combination of political pressure by the trade unions, the nascent Labour Party and the Liberal Radicals, the retreat of the government from its own Bill for political expediency, and the opposition's concern with other problems. Accordingly the Bill had a most remarkable journey through Parliament and the story is not only interesting in itself but also it illustrates many of the theoretical difficulties that face any reform of the law of trade disputes today.

scholarly journals The Collective Bargaining Process

2005 ◽  
Vol 25 (1) ◽  
pp. 34-45
Author(s):  
Alton W.J. Craig
Keyword(s):  
Collective Bargaining ◽  
Task Force ◽  
Industrial Relations ◽  
Bargaining Process ◽  
Task Force Report ◽  
Labour Relations

This paper attempts to highlight the parts of the Woods 1 Report dealing with the collective bargaining process. The author discusses how the goals (inputs) of labour and management are converted to outputs via the mechanisms of collective bargaining, and gives his personal opinions on the positions advanced in the Task Force Report. 1. Canadian Industrial Relations, The Report of the Task Force on Labour Relations, Ottawa, the Queen's Printer, 1969. This document will be referred to throughout this paper as the Task Force Report.

Employer-initiated collective bargaining: a case study of the Chinese sweater industry

2016 ◽  
Vol 38 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Xiaoyi Wen
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Gradual Transition ◽  
Employment Relations ◽  
Content Type ◽  
Labour Relations ◽  
Study Approach ◽  
The Government

Purpose – Collective bargaining (CB) in China is perceived as inadequate, thanks to the lack of trade union independence and representation. However, CB of the sweater industry in Wenling, one of the world’s largest manufacturing centre, shows another tendency. Using Wenling as the case, the purpose of this paper is to explore whether a new form of CB is emerging in China. Design/methodology/approach – This paper uses a qualitative case study approach, and covers stakeholders, including the government, trade union, sweater association, workers and employers. Findings – In China, trade unions are constrained by corporatism and therefore cannot become the effective agents of CB. However, the increased industrial conflicts could in effect push employers to become the engine of change. This paper finds that employers endeavour to use CB as a tool to stabilise employment relations and neutralise workers resistance. Consequently, a gradual transition in labour relations system is on the way, characterised by “disorderly resistance” to “orderly compliance” in the working class. Research limitations/implications – The case industry may not be sufficient in drawing the details of CB in China, while it provides the trend of change. Originality/value – Conventional wisdom on the Chinese labour relations and CB tends to ignore the employer’s perspective. This paper partially fills in the gap by offering CB and change of employment relations from the aspect of employers.

Some aspects of the idea of unity V. Solovyov and the present

2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky
Keyword(s):  
Nineteenth Century ◽  
National Policy ◽  
The State ◽  
Place Of Residence ◽  
The Government ◽  
The University ◽  
Temporary Closure

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.

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