Decentralizing Industrial Relations and the Role of Labour Unions and Employee Representatives

Name: Decentralizing Industrial Relations and the Role of Labour Unions and Employee Representatives
Brand: Kluwer Law International
Price: 198.99 EUR
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Roger Blanpain(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 12. Januar 2007

198 Seiten

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Beschreibung

In countries where collective bargaining is conducted mainly at the industry or regional level, there is often a type of workers representation at the company or establishment level other than a labor union. Where this double form of worker representation that is, labor unions and employee representatives exists, the relationship between the two can present a delicate problem in industrial relations. Decentralizing Industrial Relations is an in-depth country-by-country analysis, for nine major industrial nations, of three essential topics in this area: the relationship between labor unions and employee representatives, the shift in collective bargaining from industry or branch towards the company or establishment level, and the role of labor unions or employee representatives in the flexibilization of labor protective regulations.
What emerges in the course of the analysis sheds important light on such crucial factors as the following:

the political power of labor unions;
the extent to which employee representatives can and do protect workers interests;
`single-channel (labor unions only) versus `double-channel systems;
invasion of the `turf of labor unions by employee representation systems; and
inclusion of disadvantageous working conditions in collective agreements or workplace agreements.
In the aggregate, the study finds that, although employers are nowhere completely free to modify working conditions unilaterally, in all countries they can, abetted by the decline of labor unions and an emphasis on `flexibilization, make working conditions increasingly dependent on the individual employment contract. In this global context, the supremacy of labor unions is being questioned. This issue is undoubtedly one that deeply concerns all professionals interested in labor, employment, and industrial relations.

This volume in Kluwers Bulletin of Comparative Labour Relations series reprints papers submitted to the 8th Comparative Labor Law Seminar (JILPT Tokyo Seminar) held on 21 February, 2006.

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Introduction
Chapter 1 Decentralizing Decentralized Industrial Relations? The Role of Labour Unions and Employee Representatives in Japan
I. INTRODUCTION
II. UNIONS IN LABOUR LEGISLATION
A. Labour Unions' Authority
B. Remedying Unfair Labour Practice
C. Unions' Participation in the Creation of Working Conditions
D. Joint Labour-Management Consultation
III. NON-UNION EMPLOYEE REPRESENTATION SYSTEMS
A. Majority Representatives
B. Labour-Management Committee
C. Committee for Promoting the Reduction of Working Hours
D. Joint Labour-Management Consultation
IV. RECENT DEVELOPMENTS IN COLLECTIVE LABOUR RELATIONS
A. The Slow Death of the Spring Wage Offensive ('Shunto')
B. Reforms under Consideration
V. CONCLUSION
A. Jurisdictional Peace?
B. The Need for Labour-Management Committees as Joint-Determination Machinery?
Chapter 2 Decentralizing Industrial Relations and the Role of Labour Unions and Employee Representatives in Germany
I. INTRODUCTION: THE TWO-TIER SYSTEM OF GERMAN LABOUR LAW
II. THE ROLE OF TRADE UNIONS IN COLLECTIVE BARGAINING: SOME FACTUAL OBSERVATIONS
III. THE LAW OF COLLECTIVE BARGAINING AGREEMENTS AND ITS RIGIDITIES
A. Freedom of Association (Art. 9 Section 3 GG)
B. The Capacity of Coalitions to Bargain Collectively According to Section 1 Subsection 1 TVG
C. Collective Bargaining Capacity of the Single Employer
D. No Easy Way Out: The Binding Nature of Collective Bargaining Agreements
E. Decentralisation of Collective Bargaining: Company-Level Collective Agreements as an Alternative to Association-Level Agreements
IV. THE ROLE OF WORKS COUNCILS: WHICH ROOM FOR DECENTRALIZED BARGAINING?
A. Works Council and the Employer as Partners to So-called Works Agreements
B. The Interrelationship between Collective Bargaining Agreements and Works Agreements
C. The So-called Pacts for Labour
V. CONCLUSIONS AND FUTURE PERSPECTIVES
Chapter 3 Collective Relations in France: A Multi-layered System in Mutation
I. A BRIEF OVERVIEW OF UNIONS AND UNIONIZATION IN FRANCE
A. Historical Landmarks
B. Their Presence in Companies
C. Recently: A Crisis of Unionization?
II. WORKERS REPRESENTATION IN COMPANIES IN FRANCE
A. Designated Representatives: Le délégué Syndical (Union Representative)
B. Elected Representatives
B. Commissions
B. Communication of Documents and Information
C. Means and Protections
III. NEW TRENDS TOWARD THE DECENTRALIZATION OF COLLECTIVE RELATIONS
A. New Relations Between the Different Levels
B. Social Bargaining in the Absence of a Union Representative
Chapter 4 Decentralizing Industrial Relations and the Role of Labor Unions and Employee Representatives
I. GENERAL OVERVIEW OF THE TRADE UNION SYSTEM IN ITALY
II. UNION DENSITY AND THE ROLE OF TRADE UNIONS IN THEIR RECENT DEVELOPMENTS
III. THE ORGANIZATIONAL STRUCTURE OF TRADE UNIONS
IV. TRADE UNION REPRESENTATION AT COMPANY LEVEL
V. EUROPEAN WORKS COUNCILS IN ITALY
VI. THE ARTICULATION OF COLLECTIVE BARGAINING AND THE ROLE OF THE NATION WIDE-SECTOR AGREEMENTS
VII. THE COMPANY-LEVEL CONTRACT
VIII. SUBJECTS BOUND BY COLLECTIVE AGREEMENTS
IX. THE RELATIONSHIPS BETWEEN LAW AND CONTRACT AND THE NEW FUNCTIONS OF COLLECTIVE BARGAINING
X. THE RELATIONSHIP BETWEEN COLLECTIVE AGREEMENTS OF DIFFERENT LEVELS
XI. THE RELATIONSHIP BETWEEN COLLECTIVE AGREEMENTS AND INDIVIDUAL WORK AGREEMENTS
XII. THE POSSIBILITY TO DEROGATE IN PEIUS IN RELATIONS WITH COLLECTIVE AGREEMENTS
XIII. THE PHENOMENON OF THE SO-CALLED 'COMPANY USAGES'
XIV. THE TENDENCY OF DECENTRALISING COLLECTIVE BARGAINING
Chapter 5 Worker Representation in the U.K.
I. INTRODUCTION
II. BRITISH TRADE UNIONS IN PERSPECTIVE
A. The Profile of British Trade Unionism
B. Why Has There Been a Decline in Trade Union Membership?
III. FORMS OF WORKER PARTICIPATION
A. Introduction
B. Collective Bargaining
IV. THE RESPONSE OF THE BRITISH TRADE UNION MOVEMENT TO THE CHANGING FACE OF WORKER REPRESENTATION
Chapter 6 Decentralizing Industrial Relations: The American Situation and its Significance in Comparative Perspective
I. INTRODUCTION
II. EMPLOYEE REPRESENTATION IN THE UNITED STATES: SOME KEY CHARACTERISTICS
A. Levels of Organizing and Bargaining
B. The National Labor Relations Act and American Employment Law: General Characteristics
C. Employee Representation and the Act: Sections 2(5) and 8(a)(2) of the NLRA
D. Sections 2(5) and 8(a)(2), the Courts and the Board
III. ASSESSMENT: NON-UNION EMPLOYEE REPRESENTATION SYSTEMS AND THE NLRA
IV. UNION DENSITY IN THE UNITED STATES
V. CONCLUSION: SOME COMPARATIVE REFLECTIONS ON DECENTRALIZATION AND ITS SIGNIFICANCE
Chapter 7 Decentralisation and 'Deregulation' of Labour Relations through 'Ultra-Regulation': Australia's 2005 Labour Law Reforms
I. INTRODUCTION AND BACKGROUND TO THE 'WORK CHOICES' ACT 2005
II. THE CONSTITUTIONAL BASIS AND COVERAGE OF THE NATIONAL WORKPLACE RELATIONS SYSTEM
III. THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD AND THE AFPC
IV. AWARDS AND THE AIRC
V. COLLECTIVE BARGAINING
VI. TRADE UNIONS AND NON-UNION EMPLOYEE REPRESENTATION SYSTEMS
VII. CONCLUSION
Chapter 8 The Roles of Labour Unions and Employee Representatives in Taiwan
I. FEATURES OF THE LABOUR UNION LAW AND LABOUR UNION IN TAIWAN
II. MAJOR MODELS CONCERNING ENTERPRISES' DECISIONS ON THE CONDITIONS OF LABOUR
A. Model for Work Rules
B. Model for Collective Bargaining
C. The Labour-Management Conference
D. The Employees' Welfare Committee(s)
III. CONCLUSION
Chapter 9 Employee Representation System in South Korea
I. INTRODUCTION
II. GENERAL BACKGROUND
A. Present Situation
B. Regulations
III. NON-UNION EMPLOYEE REPRESENTATIVE SYSTEM
A. Workers' Representatives
B. Labour-Management Councils
C. Recent Approaches
IV. NEW CHALLENGES
A. Changes in Bargaining Process
B. Review of the Employee Representation System
V. CONCLUSION
REFERENCES
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