Statutory and Contractual Restrictions on the Right to Strike during the Term of a Collective Bargaining Agreement

This article examines the effectiveness of International Labour Organisation Complaints (ILO) as a means to protect workers' ability to bargain collectively in the United States. It focuses, as a case study, on an ILO Committee on Freedom of Association (CFA") report that was issued in 2007. Two years prior, in 2005, The United Electrical, Radio and Machine Workers of America (UE") filed an ILO complaint alleging that a North Carolina statute, NCGS § 95-98, which prohibits any public entity from entering into a collective bargaining agreement with a trade union, violated international law and the United States' treaty obligations under the ILO regime. The CFA agreed and recommended that the statute be repealed.Any attempt to enforce the CFA's report (UE Report) in a U.S. district court would be fraught with obstacles. This article addresses these obstacles in turn. Part I discusses the UE Report in relation to domestic precedent upholding NCGS § 95-98 under United States constitutional law. Part II examines the legal basis of the UE Report under international law, including whether the right to bargain collectively is a preemptory norm. Part III, finally, considers the domestic enforceability of ILO treaty law and the UE Report under the U.S. Supreme Court's recent ruling in Medellín v. Texas, an immediately important transnational law decision.

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Managing Decentralization: The Strategy of Institutional Differentiation in German Industrial Relations

German Politics & Society ◽

10.3167/104503099782486770 ◽

1999 ◽

Vol 17 (4) ◽

pp. 52-73 ◽

Cited By ~ 1

Author(s):

Wolfgang Schroeder ◽

Rainer Weinert

Keyword(s):

Collective Bargaining ◽

Welfare State ◽

Social Organization ◽

Industrial Relations ◽

Collective Bargaining Agreement ◽

The Political ◽

Process Of Change ◽

Social Democratic ◽

Institutional Differentiation ◽

The Welfare State

The approach of the new millennium appears to signal the demiseof traditional models of social organization. The political core ofthis process of change—the restructuring of the welfare state—andthe related crisis of the industrywide collective bargaining agreementhave been subjects of much debate. For some years now inspecialist literature, this debate has been conducted between theproponents of a neo-liberal (minimally regulated) welfare state andthe supporters of a social democratic model (highly regulated). Thealternatives are variously expressed as “exit vs. voice,” “comparativeausterity vs. progressive competitiveness,” or “deregulation vs.cooperative re-regulation.”

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The Right to Collective Bargaining in the Canadian Constitution

SSRN Electronic Journal ◽

10.2139/ssrn.1584863 ◽

2010 ◽

Author(s):

Thomas Kuttner

Keyword(s):

Collective Bargaining ◽

The Right

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Did the 2011 Change to NFL Rookie Compensation Alter How Sunk Costs Affect Utilization?

Journal of Sports Economics ◽

10.1177/1527002520983434 ◽

2020 ◽

pp. 152700252098343

Author(s):

Quinn Andrew Wesley Keefer

Keyword(s):

Collective Bargaining ◽

Regression Discontinuity ◽

Sunk Costs ◽

Collective Bargaining Agreement ◽

Sunk Cost ◽

Wage Scale ◽

The One

The 2011 NFL collective bargaining agreement introduced significant changes to rookie compensation, including a rookie wage scale. We test if the new rules changed how sunk costs affect utilization for drafted rookies. Our regression discontinuity results show a robust sunk-cost fallacy that is similar in magnitude to the one documented under the previous agreement. Second-round selections play significantly less than their first-round counterparts, as measured by percentage of games started, total snaps played, and percentage of snaps played. However, the effect is not evident beyond the rookie season. Additional results show coaching success and coaching changes are important factors.

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Comparing collective bargaining agreements for developing countries

International Journal of Manpower ◽

10.1108/ijm-12-2014-0262 ◽

2015 ◽

Vol 36 (1) ◽

pp. 86-102 ◽

Cited By ~ 5

Author(s):

Janna Besamusca ◽

Kea Tijdens

Keyword(s):

Developing Countries ◽

Collective Bargaining ◽

Working Hours ◽

Collective Bargaining Agreement ◽

Web Based ◽

Content Type ◽

Paid Leave ◽

Collective Agreements ◽

Country Comparison ◽

Work Family

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.

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COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

Actual problems of native jurisprudence ◽

10.15421/391954 ◽

2019 ◽

pp. 43-46

Author(s):

O. M. Rym

Keyword(s):

European Union ◽

Collective Bargaining ◽

Case Law ◽

Eu Law ◽

The European Union ◽

Labour Law ◽

Member States ◽

Labour Rights ◽

Social Partners ◽

The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

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International Unionism’s Competitive Edge

Relations industrielles ◽

10.7202/007370ar ◽

2003 ◽

Vol 58 (1) ◽

pp. 85-108 ◽

Cited By ~ 9

Author(s):

Braham Dabscheck

Keyword(s):

Collective Bargaining ◽

Industrial Relations ◽

Compensation System ◽

International Federation ◽

European Court Of Justice ◽

Collective Bargaining Agreement ◽

Freedom Of Movement ◽

Competitive Edge ◽

Court Of Justice ◽

European Court

AbstractGlobalization and neo-liberalism have been associated with a decline in unions. In seeking to respond to these problems, unions could cooperate internationally. The orthodoxy among industrial relations scholars is that the European Treaty is antithetical to international unionism because of various provisions which promote competition. The experience of the International Federation of Professional Footballers’ Associations (FIFPro) contradicts this orthodoxy. In August 2001, FIFPro entered into a framework collective bargaining agreement with Fédération Internationale de Football Association (FIFA) on a new set of rules to govern the worldwide employment of professional footballers. Football’s transfer and compensation system violated competitive provisions, in particular the freedom of movement of workers, contained in the European Treaty. Following the 1995 decision of the European Court of Justice in Bosman, and strategic interventions by the European Commission, FIFA sought an accommodation with FIFPro, to protect its new employment rules from further legal attack.

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Collective conflict in the public sector in France

Transfer European Review of Labour and Research ◽

10.1177/102425890200800407 ◽

2002 ◽

Vol 8 (4) ◽

pp. 688-700

Author(s):

Marie-Armelle Souriac

Keyword(s):

Public Sector ◽

Collective Action ◽

Collective Bargaining ◽

Legal Regulation ◽

Public Enterprises ◽

Roles And Responsibilities ◽

The Public ◽

The Future ◽

The Government ◽

The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

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