The Law & Trade Unions; A Brief Review Of Recent Litigation, Specially Prepared at the Instance of Richard Bell, M.P.

2021 ◽  
pp. 9-17
Author(s):  
W. Hamish Fraser
Keyword(s):  
Author(s):  
Cécile Guillaume

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.


Author(s):  
Heinz Grossekettler

AbstractThis paper considers the impact over time of the German “Economic Growth and Stability Law”, which had its 40th anniversary on the 6th June, 2007. After looking at the history and development of the law and the associated expectations, the intended functions are analysed critically. Inappropriate use of the law is analysed from the perspective of public choice, as well as the insufficient consideration of reaction delays and, above all, the underestimation of the role of expectations. Furthermore, attention is paid to the fact that planning and coordination problems have not been satisfactorily resolved. A comparison with a control group from major European countries is then used to determine whether one can talk meaningfully in the German context of particular success stories in countering fluctuations in business cycles, the development of governmental debt and of legal objectives with respect to “price level stability”, “high levels of employment”, “current account equilibrium” and “satisfactory economic growth”. It becomes evident that government debt and unemployment have risen more in Germany and that growth rates have declined more sharply than in the countries on which the comparison is based. After discussing the hypotheses for explaining the weak German growth, growth accounting demonstrates that changes in the demographic structure, the substantial shortening of working hours and early retirement, blunders in the reunification process and an aggressive wage policy on the part of trade unions, particularly in the seventies, are the main reasons for low growth. This wage policy was triggered by the expectation of the trade unions that, with the aid of the Stability and Growth Law, the state would ensure full employment. In reality, however, the wage policy led to a reduced rate of investment and growth. This process could only be terminated by the restrained wage policy of the past few years.


1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.


1970 ◽  
Vol 33 (3) ◽  
pp. 241-267 ◽  
Author(s):  
O. Kahn-Freund
Keyword(s):  

2021 ◽  
pp. 103-144
Author(s):  
Harold J. Laski
Keyword(s):  

Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.


2020 ◽  
Vol 52 (3) ◽  
pp. 575-599
Author(s):  
Francisca Gutiérrez Crocco

AbstractScholars interested in labour in Latin America have traditionally paid little attention to trade unions’ legal mobilisation. However, the increasing number of legal complaints filed by workers with labour ministries and/or the courts in countries like Argentina, Brazil and Chile calls for a more serious debate on the role that trade unions play in this process. This article focuses on the Chilean case. Drawing on various sources, it shows that Chilean unions have turned legal complaints into a weapon to gain more rights and curb employers’ power. This process has involved the strongest and most combative unions, and is due to two historical conditions: (1) the obstacles placed in the way of successful resort to more disruptive tactics; (2) the increase in institutional opportunities to report infringements of the law. Overall, the article challenges the current image of the Chilean unions by foregrounding their agency and their achievements over the last decade.


2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.


1956 ◽  
Vol 14 (1) ◽  
pp. 67-79
Author(s):  
T. C. Thomas

In commenting on a decision of the House of Lords, given some fifty years ago, concerning the law relating to unincorporated associations as it affected the Free Church of Scotland, Maitland was provoked to say, “I cannot think that it was a brilliant day in our legal annals when the affairs of the Free Church of Scotland were brought before the House of Lords and the dead hand fell with a resounding slap upon the living body.” It was with a much revitalised hand, however, that the same tribunal, in Bonsor v. Musicians' Union, disturbed the slumbers of that self-same branch of our law, but this time in its application to trade unions. On this occasion, the slap has been described as a blow struck for freedom, and though the ultimate decision is in itself of the first importance, it is perhaps in a consideration of the diverse means employed in reaching that result that the student will find the greatest interest.


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