scholarly journals Changements technologiques et rapports collectifs du travail

2005 ◽  
Vol 28 (1) ◽  
pp. 3-37
Author(s):  
André C. Côté
Keyword(s):  
British Columbia ◽  
Collective Bargaining ◽  
Technological Change ◽  
Technological Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Commission Report ◽  
Teleological Interpretation ◽  
The Impact ◽  
The Relationship

This paper focusses on the relationship between technological change and the labour relations system circumscribed by the Québec Labour Code. While a teleological interpretation of bargaining rights of certified associations by labour jurisdictions seems to have dealt adequately with the impact of such changes on certification, the doctrine of residual management rights, in the context of fixed-term agreements entrenched in the Québec Labour Code, appears to be, in the opinion of the author, unduly rigid and restrictive. The Freedman Report on Railway run-through and the subsequent discussions surrounding the Woods Commission Report in the 1960's, resulted in the inclusion in the Canada Labour Code of provisions pertaining to the possible adjustment, through collective bargaining, of collective agreements in the context of such technological changes. Various provisions to the same effect have subsequently been inserted in the Labour Codes of Saskatchewan, Manitoba and British-Columbia. The Report of the Beaudry Commission recently proposed that the Québec Labour Code be similary modified by the inclusion of analoguous provisions. The author suggests that a reform along the lines thus suggested is, in principle, desirable to ensure a more equitable adaptability of our legal categories to the imperatives of technological change.

scholarly journals The Freedom of Association Mess: How We Got into It and How We Can Get out of It

2009 ◽  
Vol 54 (1) ◽  
pp. 177-212 ◽  
Author(s):  
Brian Langille
Keyword(s):  
Constitutional Law ◽  
Supreme Court Of Canada ◽  
Freedom Of Association ◽  
Labour Law ◽  
Labour Relations ◽  
State Action ◽  
Starting Point ◽  
The Supreme Court ◽  
The Impact ◽  
The Relationship

Abstract Canadian constitutional law regarding freedom of association for workers is a mess. The jurisprudence to date has taken an approach to state action and positive obligations to legislate which is inconsistent with section 15, and has failed to articulate the relationship between the abstract statement of basic rights or freedoms and the detailed statutes and regulations that instantiate and enforce them. This paper focuses on the impact of the recent decision of the Supreme Court of Canada in BC Health. The author argues that this case misunderstood Canada’s labour law history, international labour law obligations, “Charter values”, and the distinction between “freedoms” and “rights”. This paper argues that by using labour relations statutes as a starting point and applying the constitutional idea of equality, courts can protect freedom of association for workers and find a way out of the mess we are in.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

scholarly journals Does collective bargaining influence the way the size of the firm impacts wage dispersion? Spanish evidence

2020 ◽  
Vol 41 (4) ◽  
pp. 357-374
Author(s):  
Juan Francisco Canal Domínguez ◽  
César Rodríguez Gutiérrez
Keyword(s):  
Collective Bargaining ◽  
Firm Size ◽  
Decisive Role ◽  
Collective Agreement ◽  
Wage Dispersion ◽  
Content Type ◽  
Wage Negotiation ◽  
The Impact ◽  
The Relationship ◽  
Wage Compression

PurposeThis paper analyses the relationship between wage dispersion and firm size within a “two-tier” system of collective bargaining (firm bargaining and multi-employer bargaining levels). Collective bargaining has a decisive role in setting wages in Spain, and its regulation highly limits the possibility for smaller firms to negotiate their own collective agreement.Design/methodology/approachBased on the Spanish Structure of Earnings Survey 2006, 2010 and 2014, the authors use variance decomposition in order to deeply analyse the effect of bargaining level on wage dispersion and compare the value of each decile of the distribution of wages for the purposes of identifying the quantitative differences in wage compression.FindingsIn general, the outcomes positively linked firm size and firm bargaining to wage dispersion. However, if firm size is taken into account, the effect of firm bargaining is limited among small firm workers because this type of firm is not usually covered by firm bargaining. On the other hand, the time analysis allows observing a wage compression that follows different patterns depending on firm size, compressing the higher part of the distribution in case of small firms and the lower part in case of large firms. This should be explained by the fact that wage negotiation is dependent on firm size.Social implicationsFirm size has determined firm adjustment strategies to face the recent economic crisis and allows to evaluate the impact that changes in collective bargaining can have on wage distributionOriginality/valueThere is no research that has tried to analyse the relationship between wage dispersion and firm size in a context where collective bargaining is essential to understand the wage structure. Normally, firm size plays a decisive role in wage policy given that the capacity of a company to negotiate an agreement is closely linked to its size.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

The Psychological Impact of New Technologies: Anticipation of Stress

1989 ◽  
Vol 33 (13) ◽  
pp. 811-815
Author(s):  
Charles M. Slem ◽  
Daniel J. Levi ◽  
Andrew Young
Keyword(s):  
Technological Change ◽  
New Technologies ◽  
Job Insecurity ◽  
New Technology ◽  
Psychological Impact ◽  
Role Overload ◽  
Reduction In Force ◽  
Organizational Benefits ◽  
The Impact ◽  
The Relationship

Slem, Levi and Young (1986) developed a model of the psychological impact of technological change on the workforce. The purpose of current research was to investigate the relationship between stress and technological change. The “Impact of Technological Change Survey” was administered to workers in five large electronics manufacturing corporations. Almost one-third of the workforce believed that technological change would make the individual's job more stressful. Over 20% were worried about the future of their jobs. Anticipated role conflict, role ambiguity, and quantitative role overload produced the strongest and most consistent relationships with the global measure of stress. Qualitative role overload and beliefs about reduction in force were more closely allied to job insecurity stress. Anticipated stress is reduced somewhat when technological change is seen as providing personal and organizational benefits or when the organization is perceived as effectively dealing with the transition to the new technology.

scholarly journals Risks of digital transformations of labour relations and the labour market

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 650-660
Author(s):  
Iryna Kychko ◽  
Halyna Samiilenko ◽  
Veronika Khudolei ◽  
Nataliia Bondar ◽  
Yurii Kravchyk
Keyword(s):  
The State ◽  
Remote Work ◽  
Negative Consequences ◽  
Social Functions ◽  
Labour Relations ◽  
Positive Effects ◽  
The Social ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

The article investigates the risks of transforming labour relations in Ukraine under the influence of digitalization processes. The relationship of the digital economy with the processes taking place in the social and labour sphere is substantiated, its impact on the state of the labor market is assessed. Positive effects of automation application are affected, and the negative consequences of digitalization in the HR sphere. The risks of rotors and employees are addressed by the issues of the impact of digital technologies and automation on social and labour relations. It is argued that in the context of increasing remote, remote work, the work rings to comply with the principle of permanence. Works become inherent in the principles of episodicity, individualism. It is determined that the result of episodic labour relations may be the risk of non-payment of taxes on the income of workers, non-receipt of funds to the budget, loss of a significant part of taxes received from the incomes of the population, and therefore - a decrease in the base of financing social functions of the state.

scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

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.

The Impact of Digitalization on Minority Music: Technological Change and Cultural Belonging among the Swedish-speaking Finns

2021 ◽  
Author(s):  
Johannes Brusila
Keyword(s):  
Technological Change ◽  
Cultural Practices ◽  
Causal Connection ◽  
Cultural Perspective ◽  
Technological Changes ◽  
Industrial Structures ◽  
Aesthetic Practice ◽  
The Impact ◽  
Cultural Belonging

This chapter looks at the impact of digitalization on minority music. According to an often-recurring optimistic vision, digitalization has led to larger cultural diversification and democratization, whereas critical voices claim that social and industrial structures have not changed radically after all. From a cultural perspective, a key question is to what extent the technological changes have affected cultural belonging and the relationships between identity and music. These questions are discussed by applying theories related to identity and digitalization on the Swedish-speaking population of Finland. Based on the material, it appears that digitalization incorporates both opportunities and limits for preserving and developing cultural practices that are connected to the ethnicity. As a complex aesthetic practice, music also offers a variety of means of negotiating identity, tradition, and locality. Thus, it would be a simplification to expect any single one-way causal connection between digitalization and culture.

From No Man’s Land to Auxiliary Hospital

2019 ◽  
pp. 124-151
Author(s):  
Jessica Meyer
Keyword(s):  
Lived Experiences ◽  
Care Providers ◽  
Technological Changes ◽  
The Status ◽  
Working Practices ◽  
No Man's Land ◽  
The Impact ◽  
The Relationship ◽  
War Medicine ◽  
Over Time

This chapter revisits the chain of evacuation from the perspective of how RAMC Other Ranks’ work was influenced by strategic and technological changes in practice, both military and medical, as they developed over the course of the war. By exploring how such change over time affected the working practices of the men of the RAMC, it interrogates the question of whether the war was good for medicine from the perspective of the non-professional male medical care provider. In doing so, it contributes to wider debates over the relationship between war, medicine, and modernity, suggesting that many of the aspects of change associated with progression had a more ambiguous impact on the lived experiences of the men whose practice they shaped. This ambiguity was reflected in the impact that such developments had on the status of the ranks of the RAMC as both care providers and servicemen throughout the war.

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