scholarly journals ACROSS-THE-BOARD WAGE INCREASES IN EXTENDED COLLECTIVE AGREEMENTS: FAIR OR UNFAIR?

Obiter ◽  
2021 ◽  
Vol 30 (2) ◽  
Author(s):  
Julien Hofman
Keyword(s):  
Labour Relations ◽  
Collective Agreements ◽  
Wage Increases

The article looks at across-the-board increases in collective agreements extended to employers who were not party to the negotiations that produced them. It asks whether having to pay such increases can be unfair to these employers. The article explains the safeguards in section 32 of the Labour Relations Act. It concludes that, although these safeguards are not as clear as they might be, they should protect employers from having to pay unfair across-the-board increases. The article ends by looking at how to simplify the safeguards in section 32.

Getting in gear for global competition: pacts on employment and competitiveness in the EU automobile industry

2001 ◽  
Vol 7 (4) ◽  
pp. 650-656 ◽  
Author(s):  
Stefan Zagelmeyer
Keyword(s):  
European Union ◽  
Automobile Industry ◽  
Employment Relationship ◽  
Global Competition ◽  
The European Union ◽  
Labour Relations ◽  
Collective Agreements ◽  
Competitive Success ◽  
Plant Level ◽  
The Eu

During the 1990s, company or plant-level collective agreements on employment and competitiveness were forged at most car producers in the European Union. These pacts aim at maintaining or creating jobs and at improving the competitiveness of the plant or company in intra-conglomerate as well as inter-company competition. This paper analyses these employment pacts and discusses their implications for labour relations. It concludes that these pacts should not just be seen as examples of concession bargaining, but rather as emerging forms of cooperative labour relations, focusing on adjusting the governance of the employment relationship to the imperatives of joint competitive success.

scholarly journals Alberta's Construction Labour Relations During the Recent Downturn

2005 ◽  
Vol 41 (4) ◽  
pp. 778-801 ◽  
Author(s):  
E.G. Fisher ◽  
Stephen Kushner
Keyword(s):  
Construction Industry ◽  
Labour Relations ◽  
Collective Agreements

This paper describes and analyses from a labour relations perspective the rapid changeover of Alberta's construction industry from 70-80% unionized projects during 1975-1982 to a 5-10% coverage of projects by collective agreements commencing in 1984.

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 “Employment Deal” Category and the Problem of Contestation of Legal Acts that Determine Content of the Wage Labor Relations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Vladimir Boldyryev
Keyword(s):  
Labor Relations ◽  
Social Partner ◽  
Wage Labor ◽  
Corrupt Practice ◽  
Employment Contracts ◽  
Labour Relations ◽  
The Core ◽  
Collective Agreements ◽  
Common Problems ◽  
Partner Relations

The author proves that the existence of common problems associated with the need to invalidate employment contracts, apprenticeship agreements with employers, agreements on full material liability, and the desirability of legislative assumptions to contest collective agreements (local regulations) in whole or in part, does not indicate that they should be merged under the collective name of the “employment deal”. The author justifies that the core area of focus to resolve current problems related to corrupt practice during the adoption of local regulations, as part of social-partner relations among other things, should belong to a different domain — in legislative specialization of bodies competent to adopt (coordinate, approve) them, in particular, in transfer of relevant powers by discretionary rules of legislation to supreme corporate bodies of legal entities. The author proposes to enshrine in the law the rule on subsidiary application of the civil legislation on the invalidity of transactions to labour relations.

The Wage Effect of Compulsory Union Membership

ILR Review ◽  
1983 ◽  
Vol 36 (2) ◽  
pp. 230-238 ◽  
Author(s):  
Sandra Christensen ◽  
Dennis Maki
Keyword(s):  
Union Membership ◽  
Union Wage ◽  
Wage Equation ◽  
Manufacturing Industries ◽  
Wage Effect ◽  
Clear Cut ◽  
Collective Agreements ◽  
Union Coverage ◽  
Wage Effects ◽  
Wage Increases

This study assesses the wage effect of compulsory membership clauses in union contracts. Previous industry-level studies of union wage effects have used contract coverage as the measure of unionization, that is, the proportion of workers in an industry, both members and nonmembers of unions, who are covered by collective agreements. In the wage equation estimated here, union coverage is disaggregated into its membership and covered-nonmember components. Results for a sample of 54 three-digit manufacturing industries indicate that compulsory membership clauses do enable unions to negotiate significantly greater wage increases. Results from a sample of 21 two-digit industries, however, offer less clear-cut evidence of the wage gains to be had from compulsory union membership.

scholarly journals PAPER V PRACTICE – EXAMINING THE SCOPE AND LIMIT OF SECTION 206 OF THE LABOUR RELATIONS ACT IN PROVIDING A REMEDY FOR A NON-PARTY TO AN EXTENDED COLLECTIVE AGREEMENT

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Jeanne-Mari Retief
Keyword(s):  
Collective Agreement ◽  
Correct Interpretation ◽  
Labour Relations ◽  
Collective Agreements

The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from thesecollective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, hasany remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206.

scholarly journals Collective Bargaining in the Renewed Spanish Labour Law: a New Tool for Economic Policy?

2019 ◽  
Vol 9 (1) ◽  
pp. 7-18 ◽  
Author(s):  
Miguel Rodríguez-Piñero Royo
Keyword(s):  
Economic Policy ◽  
Collective Bargaining ◽  
Working Conditions ◽  
Financial Crises ◽  
Labour Law ◽  
Labour Relations ◽  
Collective Agreements ◽  
Democratic State ◽  
External Pressures ◽  
The World

As in any other advanced democratic State, collective bargaining plays a central role in Spanish labour relations. Latest labour law reforms during the world financial crises have substantially affected this institution, and rules governing collective bargaining have changed profoundly, coherently with the general objective to increase employers’ ability to change its contents and to avoid the so-called “rigidification” of working conditions. Its role is formaly more important, but an objective analysis of this new regulations and its impact on Spanish labour relations leads to a completely different conclusion. It has been converted into an instrument of economic policy, with weaker collective agreements, allowing a general wage devaluation. This experience shows the vulnerability of collective labour law to external pressures. The temptation of using instruments of social dumping can be strong, producing changes in collective labour law that impose a model of collective bargaining unbalanced towards management’s interests. La negociación colectiva juega en España un papel central en las relaciones laborales. Las recientes reformas del Derecho del Trabajo han cambiado radicalmente esta institución, y su marco normativo ha cambiado en profundidad, de manera coherente con un objetivo general de favorecer la flexibilidad en las empresas y evitar la “rigidificación” de sus condiciones de trabajo. Formalmente, su papel se ha fortalecido, pero un análisis objetivo lleva a una conclusión completamente distinta. Se ha convertido en un instrumento de política económica, con convenios más débiles, que han conducido a una devaluación salarial. Esta experiencia demuestra la vulnerabilidad del derecho colectivo del trabajo a las presiones externas. Puede haber una fuerte tentación para el uso de instrumentos de dumping social, produciendo cambios en el Derecho colectivo que impognan un modelo de negociación colectiva desequilibrado en favor de los intereses empresariales.

scholarly journals Contracting-out at Arbitration

2014 ◽  
Vol 18 (2) ◽  
pp. 162-196
Author(s):  
Pierre Verge
Keyword(s):  
United States ◽  
Comparative Study ◽  
Common Law ◽  
The United States ◽  
Bargaining Unit ◽  
Contracting Out ◽  
Labour Relations ◽  
Collective Agreements ◽  
The Subject

A comparative study of arbitral decisions rendered in the United States, the Canadian Common Law Provinces and Quebec over grievances arising in the contest of collective agreements that contain no specific provision on the subject out of Management's action of arranging with an outside firm to have it perform work hitherto done by members of the bargaining unit. The possible effect of new section 10a of the Quebec Labour Relations Act on this practice of contracting out will also be considered.

A New Dimension in Collective Agreements

1976 ◽  
Vol 11 (4) ◽  
pp. 468-515
Author(s):  
Ruth Ben-Israel
Keyword(s):  
Industrial Relations ◽  
Collective Agreement ◽  
Labour Law ◽  
Stages Of Development ◽  
Economic Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Flexible Framework ◽  
Catch Up ◽  
The Individual

From the late 19th century on, a series of social and economic changes have altered the system of labour relations. The transition of bargaining over terms of employment, from the individual to the collective sphere, was the culmination of the historical stages of development. Changes in labour relations have always been, and remain dynamic. Therefore, collective labour law, like the industrial relations system itself, is constantly taking new steps to formulate up-to-date patterns of thought and behaviour. Hence, the legal system finds it difficult to dictate firm policies, and can only try to catch up with the development bypost factumlegislation and theorization, which can set but a broad and flexible framework.The collective agreement is presented in this study as a universal phenomenon, resulting from the historical stages of development in labour relations. These stages have led to the crystallization of the collective agreement as it is known today, and to the formulation of its distinctive traits.

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