scholarly journals SOME PROBLEMS OF LEGAL REGULATION OF TRADE UNION CONTROL AND PROTECTION OF RIGHTS IN MODERN CONDITIONS

Author(s):  
Petro Lukyanchuk
1994 ◽  
Vol 39 (3) ◽  
pp. 383-414 ◽  
Author(s):  
Peter Ackers

SummaryThis article challenges the militant and industrial unionist version of British coal mining trade union history, surrounding the Miners' Federation of Great Britain and the National Union of Mineworkers, by considering, for the first time, the case of the colliery deputies' trade union. Their national Federation was formed in 1910, and aimed to represent the three branches of coal mining supervisory management: the deputy (or fireman, or examiner), overman and shotfirer. First, the article discusses the treatment of moderate and craft traditions in British coal mining historiography. Second, it shows how the position of deputy was defined by changes in the underground labour process and the legal regulation of the industry. Third, it traces the history of deputies' union organization up until nationalization in 1947, and the formation of the National Association of Colliery Overmen, Deputies and Shotfirers (NACODS). The article concludes that the deputies represent a mainstream tradition of craft/professional identity and industrial moderation, in both the coal industry and the wider labour movement.


Author(s):  
Ewing Mahoney

This chapter looks at government attempts to ban trade unions, considering the steps that were taken in lieu of an outright ban on trade union membership. Consistently with other measures taken at the time under the cover of security, government intervention to deal with the alleged menace of Communist infiltration of the civil service trade unions did not take the form of legislation. The legal position reflected both the lack of legal regulation of industrial relations generally and the lack of legal regulation of public-sector employment in particular. In practice, governments rarely needed to reveal or justify the legal foundations for their actions. The benefit for government is that although security policies might well be announced and made public, there would be little accountability thereafter if operated unobtrusively.


1998 ◽  
Vol 31 (2) ◽  
pp. 139-156 ◽  
Author(s):  
Michal Wenzel

The paper is an attempt to analyse Solidarity Electoral Action (AWS), the biggest political coalition in Poland, in the context of the historical development of the Solidarity movement. In particular, two aspects are considered: the value system of the “old” and “new” Solidarity, and the relative importance of the trade union and political goals and modes of activity. The basic hypothesis advanced in the paper is, that the AWS is an attempt to institutionalise trade union control over the political party in the name of clearly defined values. Thus, compared with the “first Solidarity”, the movement has become both more exclusive and more focused in its goals. Values and interests converge in defining its new identity. The paper distinguishes three stages in the existence of the movement (1980–81, 1988–89, and 1996–98) and investigates all three of them. The stress, however, is put on the last of the three.


Author(s):  
Petro Lukyanchuk ◽  

At the present stage of development of the trade union movement in Ukraine, the issues of determining the place and role of trade unions in the system of public administration as a subject of public administration and the institution of civil society are relevant. The lack of legal recognition of social partnership, and its replacement by social dialogue has led to a decrease in the influence of trade unions on social protection and the lack of trade union control. The latter has been replaced by public control exercised in Ukraine by various public associations. The aim of the article: As a result, trade unions began to participate as advisory bodies rather than as defenders of workers' labor rights. Accordingly, the relations with the subjects of public administration have changed. The aims of the article: to demonstrate that not only in the Ukrainian practice of public administration, but also in the science of public administration, no attention is paid to the problem of trade union control and the relationship between trade unions and public administration entities. Object of research: trade unions as a subject of public administration. Research methodology: a review of Ukrainian literature sources on trade union control and its impact on the relationship of public administration. The results obtained: in the Ukrainian science of public administration there are no publications on trade union activities and trade union control; the mechanisms for building relationships between trade unions and public administration entities are not defined; there is a constant perception that trade unions are public associations and their main role is to conduct a dialogue between employers, authorities and employees; there is no clear conceptual view of the trade union control process, which causes many legal conflicts. Practical significance: scientific substantiation of the use of the concept of "trade union control" in legal practice and in the activities of public administration, its clear definition makes it possible to influence the rights of workers and influence the development of social policy by public administration.


Author(s):  
Kostiantyn Melnyk

The paper investigates the relevant issues in both the science of labour law and the rule-making activities on the current state and trends in the legal regulation of trade unions in Ukraine. The relevance of the study is conditioned by the importance of social dialogue both in world of work and in other spheres of life of Ukrainian society for the sustainable development of the national economy and the state in modern conditions. The purpose of the paper is to provide scientifically sound conclusions and proposals for improving the legal regulation of trade unions in Ukraine. The study applied general scientific and special methods of scientific knowledge (dialectical, Aristotelian, comparative legal, system analysis) to inspect the legal status of trade unions; the provisions of the current national labour legislation and the legislation in the field of trade union rights were compared with the provisions of the draft Labour Code of Ukraine, the Law of Ukraine "On Labour", etc., which stipulate the rights of trade unions. The study concludes on necessity of the following: 1)to preserve to the full the provisions aimed at ensuring the proper operation of trade unions as representatives and defenders of labour rights of their members in relations with employers and maintenance of high authority and status of trade unions in enterprises, institutions, organisations in current and future national labour legislation and legislation on trade unions; 2) to introduce new forms and methods of activity of trade unions in Ukraine, as well as to coordinate their activities and association with trade unions operating at the supranational level; 3) to make maximum effort to ensure equality of rights of all trade unions in Ukraine and the possibility of exercising the rights, powers, and guarantees of activities stipulated by national labour legislation and legislation in the field of trade union rights


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