The Democratic Aspects of Trade Union Recognition

2009-09-02 Law

Author : Alan Bogg
Release : 2009-09-02
Genre : Law
Kind : eBook
Book Rating : 321/5 ( reviews)

Book Synopsis The Democratic Aspects of Trade Union Recognition by : Alan Bogg

Download or read book The Democratic Aspects of Trade Union Recognition written by Alan Bogg. This book was released on 2009-09-02. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. The long ascendancy of pluralism and 'collective laissez-faire' as a guiding ideology of British labour law was emphatically shattered by the New Right ideology of Thatcher and Major. When New Labour was finally returned to power in 1997, it did not, however, attempt to resurrect the pre-Thatcher preference for pluralist non-intervention in collective industrial relations. Instead, it purported to follow a 'Third Way'. A centrepiece of this new approach was the statutory recognition provision, introduced in Schedule A1 TULRCA 1992. By breaking with the tradition of voluntarism in respect of recognition of trade unions, New Labour sought to provide a model of collective labour law which combined legal support with control through juridification. A closer study of both the history of approaches to recognition and the current provisions opens up fundamental questions as to the nature of this new model and the ones it aimed to replace. This book uses political philosophy to elucidate the character of those historical approaches and the nature of the 'Third Way' itself in relation to statutory union recognition. In particular, it traces the progressive eclipse of civic republican values in labour law, in preference for a liberal political philosophy. The book articulates and defends a civic republican philosophy in terms of freedom as non-domination, the intrinsic value of democratic participation through deliberative democracy, and community. This can be contrasted with the rights-based individualism and State neutrality characteristic of the liberal approach. Despite the promise of civic community in the 'Third Way' rhetoric, this book demonstrates that the reality of New Labour's experiment in union recognition was an emphatic reassertion of liberalism in the sphere of workers' collective rights. This is the first monograph to offer a sustained critical analysis of legal approaches to trade union recognition. It will be of particular interest to labour lawyers, but also a wider audience of scholars in political philosophy and industrial relations.

The Democratic Aspects of Trade Union Recognition

2006

Author : Alan Bogg
Release : 2006
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The Democratic Aspects of Trade Union Recognition by : Alan Bogg

Download or read book The Democratic Aspects of Trade Union Recognition written by Alan Bogg. This book was released on 2006. Available in PDF, EPUB and Kindle. Book excerpt:

Are Trade Unions Still Relevant?

2013-05-24 Law

Author : Dr Tom Turner
Release : 2013-05-24
Genre : Law
Kind : eBook
Book Rating : 067/5 ( reviews)

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Book Synopsis Are Trade Unions Still Relevant? by : Dr Tom Turner

Download or read book Are Trade Unions Still Relevant? written by Dr Tom Turner. This book was released on 2013-05-24. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection examines the relevance of trade unions 100 years on from the 1913 Lockout in Dublin. The general argument underpinning the papers in this book is that trade unions are still relevant in the 21st century, since they provide an independent collective representation for workers and address the power imbalance between the worker and employer. All of the chapter authors are based at the Department of Personnel and Employment Relations, Kemmy Business School, University of Limerick. The chapters are grouped under three broad headings: The demand for trade unions in the 21st century; partnership at work and the legal context of union recognition; and case studies dealing with union organising and recognition campaigns This book provides a focus on an area not covered in any detailed way by any comparable text book.It will be of interest to undergraduates and postgraduates in the area of employment relations and to practioners such as trade union officials and human resource managers.In addition it will be of interest to a wider body of academics internationally who wish to understand trade unions in Ireland for comparative purposes.

Trade Unions and Democracy

2017-09-29 Business & Economics

Author : Geoffrey Wood
Release : 2017-09-29
Genre : Business & Economics
Kind : eBook
Book Rating : 438/5 ( reviews)

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Book Synopsis Trade Unions and Democracy by : Geoffrey Wood

Download or read book Trade Unions and Democracy written by Geoffrey Wood. This book was released on 2017-09-29. Available in PDF, EPUB and Kindle. Book excerpt: Trade Unions and Democracy explores the role of trade unions as products of, and agents for, democracy. As civil society agents, unions may promote democracy within the wider society, especially in the case of authoritarian regimes or other rigid political systems, by acting as watchdogs and protecting hard-won democratic gains.Established democratic institutions in many advanced societies are facing new challenges. The problem with using trade unions for this purpose is that they remain locked in a cycle of political marginalization and decline. Beyond this, there are, ironically, serious questions about whether unions themselves internally function as democracies. Certainly there are tensions between rank and file membership and an authoritarian leadership, with this infighting having possible effects on strategic deals or alliances and member accountability and actions. On the other hand, trade unions continue to represent a significant component of society within most industrialized countries, and in many case, they have a demonstrated capacity for working with other elements of civil society. Looking forward, trade unions may be able to play a vital role in channeling and focusing spontaneous popular upsurges. In the process, they may revitalize themselves through use of greater internal democracy and become geared toward more diverse constituencies. The question is, will they fulfill this promise or continue to suffer from internal breakups and external breakdowns? Can trade unions save themselves and democracy, or will both deteriorate in time?Trade Unions and Democracy brings together a distinguished panel of leading and emerging scholars in the field and provides a critical assessment of the current role of trade unions in society. It explores their capacity to affect political policies to ensure greater accountability and fairness. It also explores the nature of and extent to which internal representative democracy actually operates within trade unions themselves.Mark Harcourt is a professor in the Department of Strategic Management and Leadership at Waikato University in New Zealand.

Trade Union Rights at the Workplace

2012-01-01 Law

Author : Roger Blanpain
Release : 2012-01-01
Genre : Law
Kind : eBook
Book Rating : 603/5 ( reviews)

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Book Synopsis Trade Union Rights at the Workplace by : Roger Blanpain

Download or read book Trade Union Rights at the Workplace written by Roger Blanpain. This book was released on 2012-01-01. Available in PDF, EPUB and Kindle. Book excerpt: "For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays presented here are an outcome of an international and comparative conference, organised and sponsored by the newly established Hugo Sinzheimer Institute of Labour Law (HSI), Frankfurt am Main, which took place in Frankfurt in January 2011 at the premises of IG Metall, the world's largest trade union. The book offers an overview of trade union rights in each of seven industrial countries: Belgium, Hungary, England, Germany, France, the Netherlands and the United States. A concluding chapter by Manfred Weiss notes the futility of a 'harmonization' approach, stressing rather a strategy of accepting variety which nevertheless embraces close cooperation. Issues covered include the following: direct and indirect recognition of the rights of the unions at the workplace; the right of access of trade union representatives not employed in the establishment; competition from non-unionized firms and low labour cost operations; new styles of management hostile to trade unions; employers' use of the courts to prevent industrial action illegalized by new legislation; relations among trade unions, works councils, workers' representatives, and employers' organizations; the role of the union at a time of change of company ownership; and effects of public resistance to cuts in public services and to job losses. At a time when the protection of the global 'voice' of workers is of the utmost importance, sensitivity to existing cultural differences is crucial to effective international engagement and cooperation among trade unions. As an important contribution in this respect, this book will be of great value to labour and employment lawyers and other professionals involved in law and policy affecting labour and industrial relations."--Publisher's website.

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