Representivity: The Achilles heel of bargaining councils

2019 ◽  
Vol 39 (2) ◽  
pp. 11-42
Author(s):  
Maggie Holtzhausen
Keyword(s):  
Collective Bargaining ◽  
Private Sector ◽  
Trade Unions ◽  
Employment Relations ◽  
Collective Agreements ◽  
The World ◽  
Management Context ◽  
Huge Challenge

The legislative requirement of representivity of parties to bargaining councils remains one of the main challenges these institutions face. When trade unions and/or employers’ organisations are deemed to be unrepresentative, this could lead to the ultimate collapse of the council, or result in collective agreements not being extended to non-parties – thereby defeating the purpose of centralised collective bargaining. This research has thrown light on representation levels by demonstrating that they are not stagnant, but change constantly. The research indicates that today private sector councils especially are often faced with unrepresentative parties, mainly because of economic and political challenges and significant changes in the world of work. Examples are given of how councils deal with these challenges, if at all. The research indicates that even though representivity remains a huge challenge for councils, collective agreements are still in the main extended to non-parties. Nevertheless, there is evidence that the extension of agreements has been challenged. This article therefore throws light on and improves our understanding of non-representivity matters in certain bargaining councils, and by extension our understanding of non-representivity in other bargaining councils as well. It concludes with certain recommendations. Hence, this article contributes to existing knowledge by providing a more inclusive and integrated view of non-representivity and its consequences, thereby enriching the broader employment relations management context.

The changing nature of collective employment relations

2015 ◽  
Vol 37 (6) ◽  
pp. 645-657 ◽  
Author(s):  
Paul Marginson
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Employment Relations ◽  
Content Type ◽  
Past Half Century ◽  
Collective Actors ◽  
Common Interests ◽  
Firm Basis ◽  
Underlying Processes

Purpose – The purpose of this paper is to survey developments in four aspects of collective employment relations (ER) since the mid-1960s: collective representation and organisation; collective bargaining coverage and structure; the collective bargaining agenda; and joint consultation arrangements. It considers the reasons underlying change. Design/methodology/approach – A range of published sources are drawn on, including quantitative, survey based and qualitative, case-study and other evidence. Findings – The landscape of collective ER has changed markedly over the past half century. Membership of trade unions has fallen from around half of the workforce to one-quarter. Employers who mainly conducted collective bargaining through employers’ associations now negotiate, if at all, on a firm-by-firm basis. Collective bargaining coverage has sharply declined and now only extends to a minority of the private sector workforce. The bargaining agenda has been hollowed out. Joint consultation arrangements too are less widespread than they were around 1980. Originality/value – The paper contends that change has been driven by three underlying processes. “Marketization” of collective ER entailing a shift from an industrial or occupational to an enterprise frame of reference. The rise of “micro-corporatism”, reflecting increased emphasis on the common interests of collective actors within an enterprise frame. Finally, the voluntarism, underpinning Britain’s collective ER became more “asymmetric”, with employers’ preferences increasingly predominant.

Determinants of Collective Bargaining Centralization

2007 ◽  
Vol 49 (2) ◽  
pp. 227-245 ◽  
Author(s):  
Stefan Zagelmeyer
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Cost Benefit ◽  
Probit Model ◽  
Union Density ◽  
Foreign Ownership ◽  
Employment Relations ◽  
Cross Sectional ◽  
Actual Choice ◽  
And Control

Various factors influence the development of collective bargaining structures. Based on cross-sectional and pooled cross-sectional data from the British Workplace Employment Relations Survey series, this article discusses and empirically analyses the establishment-level determinants of collective bargaining centralization, i.e. whether an establishment is covered by single-employer collective bargaining or multi-employer collective bargaining. It argues that the employers' and trade unions' preferences for a particular bargaining structure depend on the outcome of cost—benefit analyses of different available institutional alternatives. The actual choice of a collective bargaining structure then reflects the interaction of the actors' preferences, moderated by an institutionally determined decision-making process. Estimation of a probit model with pooled cross-sectional data shows that the number of unions present at the establishment, membership of an employers' association, and public sector affiliation are positively associated with collective bargaining centralization. In contrast to this, establishment size, trade union density, foreign ownership and control, and international product markets are negatively associated with centralization. Neither establishment age nor foreign ownership appeared to be significant.

scholarly journals The Impact of the Employment Relations Act 2000 on Collective Bargaining

1970 ◽  
Author(s):  
Brett Lineham ◽  
Louise Fawthorpe ◽  
Boaz Shulruf ◽  
Stephen Blumenfeld ◽  
Roopali Johri
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Private Sector ◽  
Administrative Data ◽  
Union Membership ◽  
Qualitative Data ◽  
Low Density ◽  
Employment Relations ◽  
The Public ◽  
The Impact

This study carried out by the Department of Labour in 2007/08 aims to assess whether there have been any significant changes in the coverage of collective bargaining that can be attributed to the Employment Relations Act 2000. The research draws on administrative data relating to union membership and collective bargaining coverage, as well as qualitative data from employers, employees, union representatives and other employment relations stakeholders. The research shows that collective bargaining has yet to regain pre Employment Relations Act levels. Collective bargaining remains concentrated in the public sector, with low density in the private sector. The study concludes that the effects of the Act on collective bargaining are chiefly observed in the recovery of collective bargaining in the public sector, and the continued decline (in general) in the private sector. The research offers no indications that these patterns will change.  

scholarly journals Legislation and employment relations in South Africa: A narrative overview of workplace dispute

2015 ◽  
Vol 4 (4) ◽  
pp. 167-177
Author(s):  
Shadrack Themba Mzangwa
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
The State ◽  
Employment Relations ◽  
The World ◽  
Integral Role ◽  
Disciplinary Procedures ◽  
African Perspective ◽  
Legislative Measures

This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions) are recognised. The country’s statutory measures must always be adhered-to in the handling of grievances and disciplinary procedures. The author relates the manner in which grievances and disciplinary proceedings are handled in a unionised workplace environment.

12. Trade unions: recognition, collective bargaining, and industrial action

2017 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Essential Information ◽  
Collective Agreements ◽  
Industrial Action ◽  
Disclosure Of Information ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on trade unions. Topics covered include independence and recognition; the legal enforceability of collective agreements; disclosure of information for collective bargaining; protection for trade unionists; statutory immunity in tort for various types of industrial action.

Chile's labour reform will pass this year

2015 ◽  
Keyword(s):  
Collective Bargaining ◽  
Private Sector ◽  
Union Membership ◽  
Trade Unions ◽  
Constitutional Reform ◽  
Small Companies ◽  
Current Form ◽  
Content Type ◽  
Broad Agreement

Subject The pending labour reform bill. Significance Complying with an important election promise, President Michelle Bachelet has presented a bill to Congress to strengthen trade unions and encourage more widespread collective bargaining in the private sector. Given the governing coalition's majority in Congress and broad agreement among its parties on the bill's terms, it is expected to become law largely in its current form, probably by mid-year. Impacts Small companies, where unionisation is now uncommon, are particularly concerned about the reform's implications. A key disincentive for union membership -- non-members' access to the benefits it obtains -- would disappear with the reform. Trade unions are urging authorisation of sector-wide collective bargaining but this would require constitutional reform.

Unions and collective bargaining in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 357-381 ◽  
Author(s):  
Mark Bray ◽  
Johanna Macneil ◽  
Leslee Spiess
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Coalition Government ◽  
Collective Agreement ◽  
Employment Relations ◽  
Federal Election ◽  
Non Union ◽  
Collective Agreements ◽  
Industrial Disputes ◽  
Wage Outcomes

There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.

Equal pay through collective bargaining? Experiences from Finland

2000 ◽  
Vol 6 (2) ◽  
pp. 227-241 ◽  
Author(s):  
Riitta Martikainen
Keyword(s):  
Collective Bargaining ◽  
Gender Equality ◽  
Trade Unions ◽  
Labour Force ◽  
Economic Recession ◽  
Equal Pay ◽  
Collective Agreements ◽  
Incomes Policy ◽  
Gender Neutral ◽  
The Difference

Collective bargaining has traditionally been thought to be gender neutral. When the apparently gender-neutral surface of the agreements and their application has been investigated more closely, however, this notion has shattered. Finland is one of the European countries in which it is common for women to work. Approximately one half of the labour force consists of women. Despite the fact that the educational level of women already exceeds that of men, the difference in their wages is still significant. Most workers fall within the sphere of collective agreements and most are also members of employee or trade unions, women even more so than men. However, more men than women hold leading positions in unions and work as principal negotiators for unions. Female negotiators have emphasised gender equality more than their male counterparts. Comprehensive incomes policy agreements have been part of Finland's working life for nearly three decades. Such agreements restrain the growth in the division of wages in society. In the 1990s, elements supporting gender equality were openly included in these agreements, and equality supplements were incorporated. According to statistics, it seems that the differences in wages between the genders have slightly decreased during the preceding decade. Together the economic recession, comprehensive incomes policy agreements and perhaps also the equality supplements have made this change possible. Gender equality can be considered to have been established as part of the negotiations of the confederations of unions, and it has gained a legitimate position as part of the negotiation agenda.

Private sector services: challenges to European trade unions

2002 ◽  
Vol 8 (3) ◽  
pp. 356-376 ◽  
Author(s):  
Jon Erik Dølvik ◽  
Jeremy Waddington
Keyword(s):  
Collective Bargaining ◽  
Private Sector ◽  
Trade Unions ◽  
Power Relations ◽  
Critical Issue ◽  
Target Groups ◽  
Union Renewal ◽  
European Trade ◽  
Organisational Structures ◽  
Union Mergers

This article maps the challenges faced by European trade unions arising from the growth and diversification of employment in private sector services, and analyses union responses to these challenges. Focusing on recruitment, internal interest intermediation, and articulation between the central and local tiers of union activity, it shows that many unions are making considerable efforts to renew their organisational structures and policies, so as to reverse the decline in membership and strengthen their workplace presence in private sector services. Approaches include union mergers, extension of collective bargaining into new areas, development of new styles of organising, digital unions, and creation of unions for particular groups. A critical issue is how to combine the differentiation and decentralisation of unions with coordination of union objectives: union renewal is a contested process, implying difficult choices as regards target groups and internal power relations. The article suggests that although the reforms have been insufficient to turn the tide thus far, the breadth of change cautions against precipitate judgements about the demise of unionism in private sector services.

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.

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