scholarly journals Alberta's Construction Labour Relations During the Recent Downturn

2005 ◽  
Vol 41 (4) ◽  
pp. 778-801 ◽  
Author(s):  
E.G. Fisher ◽  
Stephen Kushner

This paper describes and analyses from a labour relations perspective the rapid changeover of Alberta's construction industry from 70-80% unionized projects during 1975-1982 to a 5-10% coverage of projects by collective agreements commencing in 1984.

2001 ◽  
Vol 7 (4) ◽  
pp. 650-656 ◽  
Author(s):  
Stefan Zagelmeyer

During the 1990s, company or plant-level collective agreements on employment and competitiveness were forged at most car producers in the European Union. These pacts aim at maintaining or creating jobs and at improving the competitiveness of the plant or company in intra-conglomerate as well as inter-company competition. This paper analyses these employment pacts and discusses their implications for labour relations. It concludes that these pacts should not just be seen as examples of concession bargaining, but rather as emerging forms of cooperative labour relations, focusing on adjusting the governance of the employment relationship to the imperatives of joint competitive success.


2005 ◽  
Vol 28 (1) ◽  
pp. 3-37
Author(s):  
André C. Côté

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.


2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Vladimir Boldyryev

The author proves that the existence of common problems associated with the need to invalidate employment contracts, apprenticeship agreements with employers, agreements on full material liability, and the desirability of legislative assumptions to contest collective agreements (local regulations) in whole or in part, does not indicate that they should be merged under the collective name of the “employment deal”. The author justifies that the core area of focus to resolve current problems related to corrupt practice during the adoption of local regulations, as part of social-partner relations among other things, should belong to a different domain — in legislative specialization of bodies competent to adopt (coordinate, approve) them, in particular, in transfer of relevant powers by discretionary rules of legislation to supreme corporate bodies of legal entities. The author proposes to enshrine in the law the rule on subsidiary application of the civil legislation on the invalidity of transactions to labour relations.


2019 ◽  
Vol 61 (2-3) ◽  
pp. 122-140
Author(s):  
Sohoon Yi ◽  
Jennifer Jihye Chun

This article examines how unions build worker power for day laborers in South Korea’s construction industry in the context of widespread informality. Drawing upon regional case studies of the Korean Construction Workers Union (KCWU), we find that construction day laborers experience poor working conditions and rampant employment violations under multiple layers of subcontracting that enable capital to bypass existing labor laws and regulations. Despite the regulatory challenges of complex subcontracting systems, unions can still exert direct pressure on firms to improve informal working conditions by securing and enforcing creative collective agreements. Key to this process is the development of regionally-specific forms of worker power that target firms located higher up the subcontracting chain to take responsibility for informal working conditions. Although the scope of influence varies depending on the type of worker power that unions cultivate (e.g. structural, associational, and symbolic), each form of worker power has enabled unions in different regional contexts to establish uniform standards regarding job quality and job security despite formal restrictions on the legal authority of unions as bargaining agents for informal workers. While such approaches require a high level of organizational and strategic capacity, they demonstrate the ongoing relevance of unions in challenging the global turn to informal work through workplace organizing and collective bargaining.


2017 ◽  
Vol 9 (2) ◽  
pp. 86
Author(s):  
Josephine Moeti-Lysson ◽  
Evans Sokro ◽  
Jerry Courvisanos

The construction sector continues to play a significant role in the socio-economic development of many nations, most importantly, today’s emerging economies. Although the sector is labour intensive and employees play critical roles in various projects and their success, there has been little research on people management practices and policies. Obtaining data from 617 employees working in eight Botswana construction companies, this study investigates employees’ perceptions of job insecurity and conflict in domestic-owned and Chinese-owned companies. The results show that there is a significant positive relationship between temporary work and perception of job insecurity and as such, job insecurity is positively related to conflict; these have large and significant impacts on deviant workplace behaviour. Also, there is statistically significant difference between males and females in both types of companies on how they perceive job insecurity as the cause of conflict, which needs to be addressed in human resource management to ensure better labour relations and higher labour productivity.


1988 ◽  
Vol 20 (6) ◽  
pp. 719-732 ◽  
Author(s):  
J R Short

The aim in this paper is to highlight the importance of construction workers in the making of the built environment. After a discussion about the general nature of capital—labour relations in the construction industry, an example is taken of the recent history of the Builders' Labourers Federation of New South Wales, Australia. The impact of the union during the Sydney property boom of the 1970s is examined.


Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Jeanne-Mari Retief

The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from thesecollective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, hasany remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206.


2019 ◽  
Vol 9 (1) ◽  
pp. 7-18 ◽  
Author(s):  
Miguel Rodríguez-Piñero Royo

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.


2005 ◽  
Vol 32 (1) ◽  
pp. 35-49
Author(s):  
Joseph B. Rose

This paper examines the relatively recent movement by employers in the construction industry toward province-wide associations specializing in labour relations. Beginning with the formation of the Construction Labour Relations Association of British Columbia (CLRA) it reviews the influences of contractor cooperation, union opposition and labour laws on the ability of these organizations to bring unity to contractor ranks and alleviate what has been de-scribed as the imbalance of power in construction labour relations. There is also an examination of the organizational characteristics of these CLRA-type organizations which reveals how they have been able to maintain control of members and reduce fragmentation


2014 ◽  
Vol 18 (2) ◽  
pp. 162-196
Author(s):  
Pierre Verge

A comparative study of arbitral decisions rendered in the United States, the Canadian Common Law Provinces and Quebec over grievances arising in the contest of collective agreements that contain no specific provision on the subject out of Management's action of arranging with an outside firm to have it perform work hitherto done by members of the bargaining unit. The possible effect of new section 10a of the Quebec Labour Relations Act on this practice of contracting out will also be considered.


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