Organizing Workers in “Hybrid Systems”: Comparing Trade Union Strategies in Four Countries — Austria, Germany, Israel and the Netherlands

2016 ◽  
Vol 17 (1) ◽  
Author(s):  
Guy Mundlak

The freedom and right to associate carries distinct meanings in different systems of industrial relations, giving rise to distinct institutions. Where bargaining is based on grassroots association, rates of membership in trade unions and coverage of collective agreements are low. Where bargaining is actively endorsed by the state, high rates of membership are matched by considerable coverage. Over the last two decades, some countries, four of which are studied here, have gone through a process that I designate as hybridization, in which a gap emerges between a rapidly declining rate of membership and persistent relatively high level of coverage. The Article accounts for the growing gap between coverage and membership and its implications. On the basis of extensive interviews with trade union officials, organizers, works councils’ members, Labor Chamber representatives, academics and journalists in the four countries, the Article further seeks to document and explain new organizing practices at two levels. First, why do unions seek to organize, despite persistent power accorded to collective agreements by the state? Second, which strategies are used for current recruitment and organizing practices? The discussion highlights the ongoing tension that is folded in the meeting of institutions that are aimed at sustaining the centralized system of bargaining and social partnership, with the dynamics that are characteristic of raising membership levels. Some best practices that seek to address this tension are identified, but are also characterized as difficult to emulate and extend as a general practice

2011 ◽  
Vol 53 (3) ◽  
pp. 402-413 ◽  
Author(s):  
William Brown

A revival of trade unions was widely expected when Blair’s New Labour government took over from the Conservatives in Britain in 1997. This did not occur and collective bargaining continued to retreat. This article discusses the implications of the changing economic context for the government’s legal innovations, notably, statutory trade union recognition and a minimum wage, and describes the consequences for industrial relations. It concludes that New Labour’s legacy may lie in its nurturing of the institutions of social partnership and the use of conciliation.


Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod

The decline in the density of trade unions and the decreasing number of collective agreements had resulted in a deplorable situation in Malaysia. It is difficult to resolve the problems because the trade unions’ recognition process is often complex and legislatively restrictive. Nonetheless, the ratification of the International Labour Convention and ILO Convention No.87 could be a stepping stone in the reformation of the recognition process’s legal framework. Therefore, the present paper analysed the role of the ILO convention in reforming the trade union recognition process in Malaysia. Additionally, a qualitative method was employed to examine the role of the convention and its mechanism in the reformation of trade union recognition. Next, pure legalistic analysis and semi-structured interviews were conducted with the industrial relations key player to obtain their perspectives on the effect of ratification on industrial relations. Based on the generated outcomes, there were mixed views on the ratification of the stated convention. Additionally, this paper analysed the impact of the ratification of the convention by the member states of the ILO and how these countries benefitted from the ratification. Finally, this paper concluded that despite the challenges, the ratification of the convention improved the trade union recognition process in Malaysia. Therefore, the Malaysian government should immediately ratify ILO Convention No.87.


Author(s):  
Cécile Guillaume

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.


2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.


2009 ◽  
Vol 4 (2) ◽  
Author(s):  
Norma Jo Baker

While much has been written on the failure of the Yeltsin presidency and the transformation of Russian society since 1991, little work has been done that illustrates the participation of established liberal democracies in supporting Yeltsin’s authoritarian, politically unresponsive ‘superpresidentialism,’ or linking this support to the authoritarian nature of the modern liberal democratic project itself. By examining Russian trade union culture and history, as well as international trade union representative involvement, this paper argues that the persistent neglect of unions in the 1990s to challenge social relations of production can be understood as paradigmatic of an authoritarian dynamic focused on the political elite rather than on their membership. With international support, the regime’s concern was with the dismantling of Soviet economic relations and social institutions. Working from the culture and history of Russian trade unions, the unions’ efforts to retain a place in the new era through a strategy of ‘social partnership,’ combined with the collapse of the social welfare system, reinforced a top-down inertia characteristic of the unions. The result, predictably, was an era marked by a politics of irresponsibility, a political ethic is not indicative of an inherent Russian authoritarianism, but that of the authoritarian nature of the liberal modernity itself.


2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.


Author(s):  
Ewing Mahoney

This chapter looks at government attempts to ban trade unions, considering the steps that were taken in lieu of an outright ban on trade union membership. Consistently with other measures taken at the time under the cover of security, government intervention to deal with the alleged menace of Communist infiltration of the civil service trade unions did not take the form of legislation. The legal position reflected both the lack of legal regulation of industrial relations generally and the lack of legal regulation of public-sector employment in particular. In practice, governments rarely needed to reveal or justify the legal foundations for their actions. The benefit for government is that although security policies might well be announced and made public, there would be little accountability thereafter if operated unobtrusively.


2018 ◽  
Vol 93 ◽  
pp. 151-175 ◽  
Author(s):  
Didem Özkiziltan ◽  
Aziz Çelik

AbstractThe 1961 constitutional reform in Turkey recognized the right to strike and granted other rights and freedoms related to the collective actions of labor. Conventional wisdom holds that Turkish trade unions became independent of the state power with class-based interests only after this reform. Across mainstream literature, this is considered, in historical institutionalist terms, as the first critical juncture in Turkey's industrial relations. This paper provides a critical account of the institutional continuity, development, and change that took place in Turkey's industrial relations starting from its establishment as a republic in 1923 until the end of the 1950s, by considering the socioeconomic and legal-political environment during these years. Considering the historical evidence employed, and under historical institutionalism, it is argued that the first critical juncture in the country's industrial relations occurred in 1947, when the ruling cliques permitted the establishment of trade unions. In this paper, it is purported that the consensus reached by the trade unions on the necessity of the right to strike from the mid-1950s onwards initiated a peaceful class struggle between Turkish labor and the state, which gradually steered the industrial relations toward the second critical juncture following the promulgation of the 1961 constitution.


2009 ◽  
Vol 64 (2) ◽  
pp. 250-269 ◽  
Author(s):  
Karen Lang ◽  
Mona-Josée Gagnon

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.


1991 ◽  
Vol 33 (3) ◽  
pp. 369-394 ◽  
Author(s):  
Stuart Kollmorgen ◽  
Richard Naughton

The federal government has demonstrated that it supports moves to rationalize trade union structure by enacting legislation which allocates the parties in the industrial relations process different roles in transforming union coverage of workers and workplaces. The power to rewrite union eligibility rules under section 118A of the Industrial Relations Act 1988 provides the Australian Industrial Relations Commission with a direct role in the restructuring process, while the more permissive path towards trade union amalgamations now endorsed by the legislation allows the union movement itself an opportunity to hasten the reform process. The authors contend that the government has chosen to adopt a compromise model of reform by seeking to achieve change from within the existing centralized system. The paper analyzes the different legislative mechanisms, both to identify the capacity for change that currently exists within the Industrial Relations Act, and to assess whether they provide a suitable response to the challenges presently confronting the Australian industrial relations system.


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