scholarly journals Labor Law: Collective Bargaining: Enforceability of Collective Agreements under Section 301 (a)

1955 ◽  
Vol 54 (1) ◽  
pp. 141
Author(s):  
Douglas Peck

1995 ◽  
Vol 29 (3) ◽  
pp. 459-490
Author(s):  
Herbert Schreiber

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.



2015 ◽  
Vol 36 (1) ◽  
pp. 86-102 ◽  
Author(s):  
Janna Besamusca ◽  
Kea Tijdens

Purpose – The purpose of this paper is to fill several knowledge gaps regarding the contents of collective agreements, using a new online database. The authors analyse 249 collective agreements from 11 countries – Benin, Brazil, Ghana, Indonesia, Kenya, Madagascar, Peru, Senegal, Tanzania, Togo, Uganda. The authors research to what extent wage and other remuneration-related clauses, working hours, paid leave arrangements and work-family arrangements are included in collective agreements and whether bargaining topics cluster within agreements. Design/methodology/approach – The authors use the web-based WageIndicator Collective Bargaining Agreement Database with uniformly coded agreements, that are both collected and made accessible online. The authors present a quantitative multi-country comparison of the inclusion and contents of the clauses in the agreements. Findings – The authors find that 98 per cent of the collective agreements include clauses on wages, but that only few agreements specify wage levels. Up to 71 per cent have clauses on social security, 89 per cent on working hours and 84 per cent of work-family arrangements. The authors also find that collective agreements including one of these four clauses, are also more likely to include the other three and conclude that no trade off exists between their inclusion on the bargaining agenda. Research limitations/implications – Being one of the first multi-country analyses of collective agreements, the analysis is primarily explorative, aiming to establish a factual baseline with regard to the contents of collective agreements. Originality/value – This study is unique because of its focus on the content of collective bargaining agreements. The authors are the first to be able to show empirically which clauses are included in existing collective agreements in developing countries.



2021 ◽  
Author(s):  
Malek Said

Meanwhile, digitalization has become a "mega-topic" in the legal debate. The implications of a changed working life are occasionally approached in individual employment law and social law. So far, however, little attention has been paid to the changes arising from a dependent world population to an independent performance of tasks, which is significant for the scope of collective bargaining agreements. The author therefore deals abstractly with the overriding question of how the old collective labor law system fits into the modern structures of working life. For this reason, the author develops a legislative proposal that upholds the constitutional and supranational implications of personnel reach.



2019 ◽  
Vol 9 (1) ◽  
pp. 1-6
Author(s):  
Julia López López

Collective Labor Law as a mechanism of agency through workers representation has been challenged more than ever during recent last decades. The policies that have adjusted labor rights to new scenarios of economic policies have impacted collective bargaining structures and contents. The debates on centralization and de-centralization, workers participation, unions and workers strategies to countervail the erosion of labor rights have been part of the social agenda. Among the debates one very important one involves the study of the cases of the Basque Country and Catalonia. Their models of collective bargaining allow us to examine different strategies to achieve social goals through collective action with more successful results in the Basque case. El Derecho Colectivo del Trabajo como mecanismo de agency para las representaciones de los trabajadores ha tenido en las últimas décadas uno de los periodos más desafiantes en la consecución de sus objetivos sociales. Las políticas de ajuste a la crisis económica con nuevos escenarios políticos han impactado no solo en las estructuras de negociación colectiva sino además en los contenidos de los convenios. Debates en torno a centralización-descentralización, participación, estrategias para contrarrestar los efectos de erosión de los derechos sociales han sido parte de la agenda social. Entre los debates, el estudio que se refiere a los casos de País Vasco y Catalunya, en cuanto a las estructuras de negociación, es interesante a la hora de presentar las diferencias estratégicas y los mejores resultados en el caso vasco.





2001 ◽  
Vol 7 (4) ◽  
pp. 682-696 ◽  
Author(s):  
Rien Huiskamp ◽  
Maarten van Riemsdijk

This article shows how bargaining on the conflicting issues of fighting unemployment and increasing competitiveness has evolved. It offers an empirical insight into the degree to which the national framework agreements that form part of the now famous Dutch polder model are implemented. At the national level framework agreements are set up and recommendations are made on a wide range of issues. It is shown that these are then interpreted and partly adopted by negotiators at lower collective bargaining levels. At company level, three cases illustrate differences in the degree to which companies implement the outcomes of collective agreements: from ‘dedicated follower’ to ‘rebels with a cause'. Looking at the evidence, it seems the Dutch have experienced a form of organised decentralisation.



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