Freedom of Association, the Right to Organize and Collective Bargaining: The Impact on U.S. Law and Practice of Ratification of ILO Conventions No. 87 and No. 98.

ILR Review ◽  
1986 ◽  
Vol 39 (2) ◽  
pp. 301 ◽  
Author(s):  
Edward E. Potter
Keyword(s):  
Collective Bargaining ◽  
Freedom Of Association ◽  
The Right ◽  
The Impact

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

OSTVARIVANjE PRAVA NA KOLEKTIVNO PREGOVARANjE U REPUBLICI SRBIJI

2021 ◽  
pp. 99-112
Author(s):  
Bojan Urdarević ◽  
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Legal Framework ◽  
Academic Community ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Conflicting Interests ◽  
Collective Negotiations ◽  
The One ◽  
The Right

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.

scholarly journals The Protection of the Worker`s Right to Freedom of Association: the ECtHR Case-Law

2021 ◽  
Vol 4 (1) ◽  
pp. 166-185
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Well Being ◽  
Case Law ◽  
Legal Regulation ◽  
Freedom Of Association ◽  
Collective Redress ◽  
Wide Range ◽  
The Right ◽  
Economic Well Being

The article is devoted to the study of the freedom of association of workers as an important element of the mechanism of the protection of labour rights, and also as a tool for effective social dialogue aimed at improving working conditions and ensuring the socio-economic well-being of workers. It is established that although the right to form and join trade unions under the ECHR is part of the right to freedom of association, its content is quite broad, as it is determined by the purpose of such association, which is to protect the interests of workers. Therefore, a wide range of collective redress, including the right to collective bargaining and the right to strike, are now an integral part of the right of workers to form or join trade unions. The study pays special attention to the analysis of the case-law of the ECtHR, which allowed the author to identify key elements of the content of the right of employees to association and determine the positive and negative obligations of the state that are necessary to ensure its effectiveness and protection. Taking this analysis into account and examining the national case-law, gaps in the legal regulation of freedom of association of workers in Ukraine have been identified, and proposals for their elimination have been made. Keywords: freedom of association; trade union; protection against discrimination; strike; collective bargaining; case-law of the ECtHR

scholarly journals The SCC Reimagines Freedom of Association in 2015

2016 ◽  
Vol 25 (2) ◽  
pp. 27
Author(s):  
Ritu Khullar ◽  
Vanessa Cosco
Keyword(s):  
Collective Bargaining ◽  
Supreme Court ◽  
Freedom Of Association ◽  
Canadian Charter ◽  
The Supreme Court ◽  
The Right ◽  
Wage Increases

After reviewing the evolution of the Court’s approach to freedom of association (though excluding the Court’s discussion of the corollary freedom not to associate), this paper reviews the Supreme Court of Canada’s 2015 cases on freedom of association, also known as the 2015 Labour Trilogy, and discusses their implications: Mounted Police Association of Ontario v Canada (AG) addressing the right to join a union; Meredith v Canada (AG) addressing legislation overriding predetermined wage increases; and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike.The paper then discusses how the 2015 Labour Trilogy reinvigorated the values underlying the Canadian Charter of Rights and Freedoms and how it applies to strikes not directly relative to collective bargaining.

The Right to Strike and Contestatory Citizenship

2018 ◽  
pp. 229-251
Author(s):  
Alan Bogg ◽  
Cynthia Estlund
Keyword(s):  
Collective Bargaining ◽  
Freedom Of Expression ◽  
Freedom Of Association ◽  
Basic Liberty ◽  
Philosophical Foundations ◽  
Dominant Strategies ◽  
The Us ◽  
Forced Labour ◽  
The Uk ◽  
The Right

Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.

scholarly journals Limiting Organisational Rights of Minority Unions: POPCRU v Ledwaba 2013 11 BLLR 1137 (LC)

2017 ◽  
Vol 17 (5) ◽  
pp. 2227
Author(s):  
Tamara Cohen
Keyword(s):  
Civil Rights ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Fundamental Principle ◽  
Collective Agreement ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Collective Agreements ◽  
Legislative Model ◽  
The Right

The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to minimise the proliferation of trade unions in a single workplace and to encourage the system of a representative trade union.Section 18(1) of the Labour Relations Act enables majority unions to enter into collective agreements setting thresholds of representivity for the granting of access, stop-order and trade-union leave rights to minority unions. In furtherance of the majoritarian framework, collective agreements concluded between majority unions and employers can be extended to non-parties to the agreement in terms of section 23(1)(d) of the Labour Relations Act provided specified requirements are satisfied. In Police & Prisons Civil Rights Union v Ledwaba 2013 11 BLLR 1137 (LC) (POPCRU) the Labour Court was required to consider if the collective agreements concluded between the employer and the majority union could be relied upon to prohibit the minority union from securing organisational rights. In so doing, the Labour Court had to reconcile the fundamental principle of freedom of association and the right to fair labour practices (to organise and engage in unfettered collective bargaining) within the context of the majoritarian framework. The Labour Court in POPCRU held that the collective agreement concluded with the majority union must have preference over the organisational rights of minority unions, in keeping with the principle of collective bargaining hierarchy and the legislative framework. This case note argues that, while the finding of the labour court in POPCRU is correct on the facts and is in keeping with the principle of majoritarianism, the legislative model may no longer be suitable within the context of the current socio-economic and political landscape. Strike violence, loss of confidence in existing bargaining structures, and the alienation of vulnerable employees from majority unions has resulted in minority unions taking up the cudgels of frustrated and disempowered employees, as witnessed in the Marikana experience. The note suggests that in the light of the changing dynamics of the collective bargaining environment, it may be time to revisit the majoritarian model.

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