scholarly journals AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK

2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Good Faith ◽  
Structured Interviews ◽  
Recognition Process ◽  
Primary Focus

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.

scholarly journals Ratification of International Labour Convention and the Reformation of Trade Union Recognition Process in Malaysia

2021 ◽  
Vol 29 (1) ◽  
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Structured Interviews ◽  
Recognition Process ◽  
Collective Agreements ◽  
The Reformation ◽  
The Impact

The decline in the density of trade unions and the decreasing number of collective agreements had resulted in a deplorable situation in Malaysia. It is difficult to resolve the problems because the trade unions’ recognition process is often complex and legislatively restrictive. Nonetheless, the ratification of the International Labour Convention and ILO Convention No.87 could be a stepping stone in the reformation of the recognition process’s legal framework. Therefore, the present paper analysed the role of the ILO convention in reforming the trade union recognition process in Malaysia. Additionally, a qualitative method was employed to examine the role of the convention and its mechanism in the reformation of trade union recognition. Next, pure legalistic analysis and semi-structured interviews were conducted with the industrial relations key player to obtain their perspectives on the effect of ratification on industrial relations. Based on the generated outcomes, there were mixed views on the ratification of the stated convention. Additionally, this paper analysed the impact of the ratification of the convention by the member states of the ILO and how these countries benefitted from the ratification. Finally, this paper concluded that despite the challenges, the ratification of the convention improved the trade union recognition process in Malaysia. Therefore, the Malaysian government should immediately ratify ILO Convention No.87.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

Developments in Worker Participation in New Zealand

1979 ◽  
Vol 21 (1) ◽  
pp. 35-50 ◽  
Author(s):  
David F. Smith
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Marked Effect ◽  
Industrial Relations ◽  
Industrial Democracy ◽  
International Debate ◽  
Worker Participation ◽  
The Social ◽  
The Government

Industrial democracy and worker participation have become important topics for international debate, with developments taking place in many countries. Despite its former reputation for advances in the social field, little has been heard about developments in worker participation in New Zealand. The aim of the present paper is to report and assess such developments whilst placing these within the context of developments in industrial relations in that country. The strong reliance upon legal arrangements and government intervention in industrial relations matters have had a marked effect upon the development of the industrial relations system in New Zealand. Yet, despite this tradition of legalism, successive governments remain singularly reluctant to legislate in the field of worker participation. Recent initiatives by employers have been strongly unitary in nature, whilst the trade unions appear to be concentrating their efforts upon extending the scope of collective bargaining, an opportunity afforded to them due to recent changes in the law. The present Government's wish that voluntary arrangements between employers and trade unions will eventuate to cover worker participation seems less than pragmatic, since employers, unions and the Government itself differ so fundamentally upon what constitutes worker participation, and the forms it might take.

scholarly journals Taming Labor: Workers’ Struggles, Workplace Unionism, and Collective Bargaining on a Chinese Waterfront

ILR Review ◽  
2018 ◽  
Vol 71 (5) ◽  
pp. 1053-1077 ◽  
Author(s):  
Tim Pringle ◽  
Quan Meng
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Container Terminal ◽  
Structured Interviews ◽  
Enterprise Level

This article examines the case of the Yantian International Container Terminal (YICT) to consider under what conditions unions can provide effective workplace representation in China. The authors draw on semi-structured interviews to analyze how and why the union was effective, despite rigid prohibitions against organizing outside of the Party-led All-China Federation of Trade Unions. The authors argue that the YICT union developed a system of annual collective bargaining that tamed the power of militant dockworkers and helped prevent strikes. This outcome required an effective enterprise-level trade union that was nevertheless able to influence and manage members’ somewhat ambiguous acceptance of its role. Ultimately, workers’ interests were partially represented and their acquisition of associational power—in the form of trade unions—increased.

Annual hours, workplace partnership and mutual gains: exploring the links

2016 ◽  
Vol 38 (2) ◽  
pp. 248-266 ◽  
Author(s):  
Lorraine Ryan ◽  
Joseph Wallace
Keyword(s):  
Collective Bargaining ◽  
Case Studies ◽  
Trade Union ◽  
Trade Unions ◽  
Design Methodology ◽  
Structured Interviews ◽  
Content Type ◽  
Secondary Material ◽  
The Creation

Purpose – The purpose of this paper is to explore the capacity of annual hours (AH) to deliver gains to both workers and management and assesses the role of workplace partnership in three Irish companies that have adopted AH. Design/methodology/approach – Three case studies are compared and contrasted. The case studies were compiled through semi-structured interviews with management and trade union representatives, a survey of 205 workers and secondary material. Findings – The authors find that workplace partnership is not a prerequisite for achieving mutual gains where AH are concerned. The research draws attention to the importance of a mechanism for the creation of gains, in these cases, AH and that such gains can arise from different processes. Mutual gains output is not confined to workplace partnership but can arise from collective bargaining. Originality/value – The paper highlights the importance of comparing case studies so that the role of factors often seen as causal to mutual gains in exemplar cases can be critically evaluated. It also utilises directly workers’ opinions on AH and workplace partnership where typically, representative views of management and trade unions dominate the literature on these issues.

scholarly journals Trade Union Recognition and Australia’s Neo-Liberal Voluntary Bargaining Laws

2003 ◽  
Vol 57 (2) ◽  
pp. 225-251 ◽  
Author(s):  
Ron McCallum
Keyword(s):  
United States ◽  
New Zealand ◽  
Trade Union ◽  
Trade Unions ◽  
Common Law ◽  
Industrial Relations ◽  
The United States ◽  
Recognition Mechanism ◽  
The Common ◽  
The Right

Summary When Australia deregulated its economy in the 1980s, political pressures built up leading in the 1990s to the dismantling of Australia’s industry-wide conciliation and arbitration systems. New laws established regimes of collective bargaining at the level of the employing undertaking. This article analyzes the 1993 and 1996 federal bargaining laws and argues that they fail to protect the right of trade unions to bargain on behalf of their members. This is because the laws do not contain a statutory trade union recognition mechanism. The recognition mechanisms in the Common Law countries of the United States, Canada, Britain and New Zealand are examined, and it is argued that Australia should enact trade union recognition mechanisms that are consonant with its industrial relations history and practice.

International Review: Industrial Relations in Britain under New Labour, 1997-2010: A Post Mortem

2011 ◽  
Vol 53 (3) ◽  
pp. 402-413 ◽  
Author(s):  
William Brown
Keyword(s):  
Collective Bargaining ◽  
Minimum Wage ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
New Labour ◽  
International Review ◽  
Post Mortem ◽  
Social Partnership ◽  
Economic Context

A revival of trade unions was widely expected when Blair’s New Labour government took over from the Conservatives in Britain in 1997. This did not occur and collective bargaining continued to retreat. This article discusses the implications of the changing economic context for the government’s legal innovations, notably, statutory trade union recognition and a minimum wage, and describes the consequences for industrial relations. It concludes that New Labour’s legacy may lie in its nurturing of the institutions of social partnership and the use of conciliation.

scholarly journals Industrial Relations in Sweden and New Zealand: A Comparison

1970 ◽  
Author(s):  
Christopher Turner
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Union Density ◽  
Good Faith ◽  
Collective Good ◽  
Short Term ◽  
Employment Contracts ◽  
Effective Operation ◽  
Legislative Framework

This paper provides a brief comparison between the Employment Contracts Act 1991 (ECA) and the Swedish equivalent, the Co-Determination Act. The Co-Determination Act is then used to provide a framework against which an alternative to the ECA is discussed. The paper concludes by arguing for a system of contracting which emphasises collective bargaining, noting a number of impediments to its effective operation in New Zealand- at least in the short-term. Two such impediments which are discussed are the current low level of union density and voluntary unionism. Additionally, if New Zealand is to ratify ILO conventions 87 and 98, collective good faith bargaining will have to be embodied in any new legislative framework. Recommendations for such a framework are made herein.

scholarly journals Trade Unions: Relevant Out of Irrelevant? A Study on Generation’s Perception in Malaysia

2018 ◽  
Vol 8 (3) ◽  
pp. 38
Author(s):  
Che Supian Mohamad Nor ◽  
Ramesh Kumar Moona Haji Mohamed ◽  
Charles Ramendran SPR ◽  
Prem Kumar Nadarajan ◽  
Vimala Kadiresan
Keyword(s):  
Generation X ◽  
Trade Union ◽  
Generation Y ◽  
Generational Differences ◽  
Trade Unions ◽  
Industrial Relations ◽  
Future Generation ◽  
Structured Interviews ◽  
Face To Face ◽  
Trade Unionism

Generational differences on workforce in Malaysia have stirred the value of trade unionism. The transition from generation-X to generation-Y has created diverse perceptions on the relevance of being a member of a trade union. In the near future, generation-Y will be the bastion of the Malaysian workforce. They will be a fundamental actor in reshaping the industrial relations ecosystem in Malaysia. In this respect, this study focused on unionized and non-unionized generation-X and Y employee’s perception on the importance of trade unionism in the Malaysian context. Using a qualitative study, face-to-face semi-structured interviews with targeted respondents were conducted. The findings showed that the trade union do bring contributions to employees and protect employees from unfair actions but the density of trade unions declined due to unclear information known about trade unionism among generation Y. Based on the research findings, practical implications are discussed.

scholarly journals Changing Power of Union in India: A Study of Actors’ Perception

2011 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Manoranjan Dhal
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Power Structure ◽  
Manufacturing Industries ◽  
Union Power ◽  
Structured Interviews ◽  
Union Leaders

Abstract — With the growing globalization of market, out sourcing of production, and downsizing of manpower trade unions are losing their power across the globe. This paper tries to explore the perception of actors, i.e. workers, trade union leaders and managers about the changing power structure of union. Attempt was made to study the perception of actors about the function of union, industrial relations climate and its impact on power of union. This study is based on 640 structured interviews conducted in manufacturing industries across different sectors in India. Keywords: Actors; Trade Union; Union Power

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