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Dissertations / Theses on the topic 'Labor Collective Bargaining'
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Wells, Dominic. "From Collective Bargaining to Collective Begging: State Expansion and Restriction of Collective Bargaining Rights in the Public Sector." Kent State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=kent1522790947706508.
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Johnston, Robert L. "Collective action and changes in wage labor." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54452.
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This study attempted to address the relative merits of the Weberian and Structural Marxist perspectives for explaining changes in the distribution of wage labor. The findings of the study suggested that many of the common assumptions held by Weberians and Structural Marxists concerning the effects of technological growth, increasing bureaucratization of production, increasing concentration of capital, and growth in the ranks of white-collar workers are not supported with data on manufacturing industries in the post-war era. Moreover, this study introduced collective action as an important determinant for explaining changes in the labor process and in the distribution of wage labor. The findings indicate that workers collective action enhances our understanding of labor process development and changes in wage labor. And, the findings suggest that the struggle between workers and capitalists is vital to understanding the process of capitalist development since World War II, contrary to the popularly held beliefs of many post-industrial theorists.<br>Ph. D.
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Schwartzrock, Karen D. "The impact of state labor relations policy on teacher collective bargaining /." view abstract or download file of text, 2003.
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Thesis (Ph. D.)--University of Oregon, 2003.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 213-225). Also available for download via the World Wide Web; free to University of Oregon users.
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Wentz, Aric D. "The potential for successful application of interest based bargaining in public sector labor negotiations." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 2004. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A. )--Kutztown University of Pennsylvania, 2004.<br>Source: Masters Abstracts International, Volume: 45-06, page: 2964. Typescript. Abstract precedes thesis as 1 preliminary leaf ( iii ). Includes bibliographical references ( leaves 106-109 ).
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Skipton, Susan Margaret. "Collective bargaining and pay equity : a study of pay equity bargaining in two Canadian provinces." Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/4190/.
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The aim of this study was to explore the interrelationship between collective bargaining and pay equity. A qualitative case study methodology was used. Eighty-six interviews were conducted with union and management pay equity negotiators, labour lawyers, Pay Equity Commission Review Officers, and other informants. A collection of documentary evidence supplemented these interviews. The empirical work focused on explaining issues of structure, style and power in pay equity bargaining and the complex intertwinings of the structural properties of gender and class were considered crucial to an explanation of these. The key structural dynamic in the negotiation of pay equity was found to be the degree and effectiveness of a labour-feminist politic combined with employer/state commitment, which are themselves interconnected and represent the transformative face of gender and class power relations. The thesis, in providing a theoretically informed discussion of detailed case study material, contributes towards the debate on the effectiveness of collective bargaining as a vehicle for implementing equal pay policy. It also informs the debate on labour-management cooperation in labour relations, especially in public sector collective bargaining. Because legislated pay equity is bargained within a new set of legal parameters, the study may also aid our understanding of the relationship between collective bargaining and the law. Finally, the thesis attempts to unravel the interwoven complexities of gender and class power relations in the collective bargaining process.
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Chan, Bing-tai. "Collective bargaining in the Hong Kong public service : a study of Post Office Staff Unions /." [Hong Kong : University of Hong Kong], 1990. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12816966.
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Monteblanco, Vinces Alejandro. "The Extension of Collective Agreements Within Collective Bargaining at Company Level." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118932.
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In this article, a review is conducted to the implementation of Peruvian law of collective agreements and their impact at company level. To achieve this purpose, in principle we mentioned what the Peruvian labor laws and their current application, and then compared with other Latin American visions, and finally outline a more peaceful solution considering the guidelines of the International Labour Organization labor standards and our constitutional current.<br>En el presente artículo, se realizará una crítica a la aplicación de la legislación peruana de los convenios colectivos y sus efectos a nivel de empresa. Para alcanzar tal finalidad, en principio analizaremos lo que menciona la normativa laboral peruano y su aplicación actual, para luego compararla con otras visiones latinoamericanas, y finalmente, esbozar una solución más pacifica considerando los lineamientos de la Organización Internacional de Trabajo y nuestra normativa constitucional laboral vigente.
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Qotoyi, Thanduxolo. "Dismissals within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1039.
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Competitive forces in the market force employers to change the way they operate their businesses. The changes that employers have to make often demand an alteration of the employees’ terms and conditions of employment. By law employers are not permitted to unilaterally effect changes to the employee’s terms and conditions of employment. They have to obtain the consent of the affected employees. This is where collective bargaining fits in. The employer has to negotiate with the employees. One way in which through the process of collective bargaining an employer can exert pressure on the employees to accept the changes is to effect a lock-out. Under the Labour Relations Act 28 of 1956 within the context of a lock-out, an employer was permitted to use conditional dismissal as a bargaining weapon. This conditional dismissal had to be coupled with an offer of reemployment should the employees accept an employer’s demand. In essence, the lock-out had a bite in the form of the conditional dismissal. This made the lock-out quite effective. The 1995 Labour Relations Act prohibits in no uncertain terms the use of a dismissal as a means of compelling employees to accept an employer’s demand in any matter of mutual interest. Within the collective bargaining context, dismissal is not a legitimate option. The employer only has the lock-out as a tool of compulsion. The definition of a lock-out in terms of this Act does not accommodate the use of dismissal. This makes the lock-out option to be less potent than it was under the 1956 Labour Relations Act. However, employers are permitted to dismiss on operational grounds, provided that they follow a fair procedure. Terms and conditions of employment greatly feature in the operational requirements of a business. If the employees’ terms and conditions of employment are not responsive to the operational requirements of the business and they are unwilling to accept changes to those terms, the employer has the right to dismiss them. The employer will not be dismissing the employees as a way of inducing them to accept the changes. He will instead be dismissing them on the basis of operational requirements. iv The question that then arises is how should a dismissal that is intended to compel employees to accept an employers demand (falling within section 187(1)(c) of the 1995 Labour Relations Act be distinguished from a dismissal that is genuinely based on operational requirements as contemplated by section 188(1)(a)(ii). Doesn’t the fact that section 187(1)(c) explicitly prohibits the use of dismissal within the context of collective bargaining give rise to some tension with section 188(1)(a)(ii) which categorically gives employers the right to dismiss on operational grounds. The decision of the Labour Appeal Court in Fry’s Metals v NUMSA has stated that there is no tension whatsoever between the two sections. The court has also ruled that the dismissals that are hit by section 187(1)(c) are those dismissals that are accompanied by an offer of reemployment. According to the court, this offer is indicative of the real purpose of the employer, namely to compel employees to accept his demand. Dismissals not accompanied by an offer of re-employment are on the other hand a true reflection of the fact that the employer is indeed dismissing the employees for operational requirements. This literal interpretation of the meaning and scope of section 187(1)(c) has the potential of opening the floodgates. Instead of resorting to the use of the lock-out to secure the agreement of employees in the collective bargaining process, employers now have a potent tool in the form of a dismissal. As long as the employer makes it abundantly clear that the dismissal is final and irrevocable, he is free from the claws of section 187(1)(c). Given the fact that the lock-out option is not always effective, employers may find it hard to resist the temptation to use the threat of permanent dismissal as a bargaining chip. It is an option that is emasculated by the fact that in an employer initiated lock-out the use of replacement labour is prohibited. The threat of not just a conditional dismissal but a permanent one may force employees to capitulate to the employer’s demand during negotiations. This would effectively render negotiations about changes to terms and conditions of employment a farce. The employer would have an upper hand. The implications of this narrow interpretation are quite far-reaching. The long held view that dismissal is not a legitimate weapon of coercion in the collective bargaining process is under serious challenge. Only conditional dismissals are illegitimate in the collective bargaining v arena. Permanent dismissals are permitted. This negates the very purpose of the collective bargaining process. This study seeks to examine the anomalies that flow from this interpretation of the meaning of section 187(1)(c). The study further investigates if this interpretation is not at odds with what the legislation really intended to achieve by enacting this clause. The study also explores ways in which the sanctity of collective bargaining could be restored. Recommendations are made to that effect.
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Oliphant, Lukhanyo Shane. "The right to engage in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19463.
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The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
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Hall-Baker, Tre'Shawn. "Conflict, Knowledge, and Collective Bargaining in Public Education." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4631.
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Negative conflict in public school districts during collective bargaining impedes efforts towards creativity and student success. The purpose of this phenomenological study was to explore the experiences of conflict for participants in collective bargaining in California public school districts. Complexity theory and social construction theory were used as the conceptual framework for the research, and ideas related to conflict, social interactions, knowledge management, and collective bargaining were examined to gain an understanding as they related to the central phenomenon. The specific research questions pondered in this study related to how conflict was experienced in California public schools during collective bargaining, what the perception of conflict was when knowledge management tools were used, and what some of the outcomes from conflict were when knowledge management tools were used. Data were collected from 25 participants who met the specified criteria of having experienced collective bargaining in a California public school setting, having experienced conflict during collective bargaining as a part of the negotiating teams, and must have experienced the use of knowledge management tools when in conflict during collective bargaining. Findings showed that knowledge management tools were a benefit to positive perceptions of conflict and positive conflict outcomes during collective bargaining in California public schools. The findings effectuate positive social change because when in conflict, knowledge is an intermediary that fills a void where there is a gap in understanding and a lack of viable solutions between the parties.
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Palacios, Indira Huber Evelyne. "Decentralized collective bargaining a study of labor union power in Chile, 1990-2004 /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2006. http://dc.lib.unc.edu/u?/etd,603.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2006.<br>Title from electronic title page (viewed Oct. 10, 2007). "... in partial fulfillment of the requirements for the degree of Doctor in Philosophy in the Department of Political Science." Discipline: Political Science; Department/School: Political Science.
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Nim, Asger. "The Danish Labor Movement’s Mobilization on Twitter during the Collective Bargaining in 2018." Thesis, Uppsala universitet, Institutionen för informatik och media, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-392288.
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This thesis explores the Danish labor movement’s use of Twitter during the collective bargaining in spring 2018 from a mobilisation perspective. This is done to investigate 1) the form of contentious politics practiced by the Danish labor movement, and 2) the role of trade unions in the Danish labor movement. One specific hashtag, #ok18, is analyzed. This investigation mainly builds on framing theory as developed by Snow & Benford (1986; 2000) and its connection to the logic of collective action, and the logic of connective action developed by Bennet & Segerberg (2013). Three methods were used to analyze the labor movement on Twitter: a social network analysis of @mentions, semantic network analyses of Twitter streams, and a quantitative content analysis. This study finds that the most important and central actors within the labor movement on Twitter are trade unions. Nothing indicates that Danish public employees used Twitter to organize independently of trade unions. Furthermore, the labor movement used Twitter to articulate collective action frames that served as shared “schemata of interpretation” for the collective bargaining. In addition, several framing processes that changed the collective action frames were identified. These results all indicate that the labor movement’s mobilisation on Twitter during the collective bargaining of 2018 is best described by the logic of collective action. There were no indications of personalization of politics or of an increased symbolical inclusiveness. The successful mobilisation in Spring 2018 might therefore be interpreted, with the big proviso that that this study only investigates Twitter, as the first small steps towards a revitalization of conventional trade union politics in Denmark.
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Redae, Mehari. "Privatisation in Ethiopia : the challenge it poses to unionisation and collective bargaining." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/70936/.
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The thesis explores the challenge Ethiopia as a developing country faces in responding to issues associated with economic liberalisation on the one hand and the protection and promotion of ‘core’ labour rights on the other. In order to closely examine the issue, privatisation and the collective aspects of labour rights have been considered for analysis. More specifically, the status of unionisation and collective bargaining in the privatised enterprises in Ethiopia has been examined through the medium of case studies. The literature on privatisation and labour examined the adverse effect of privatisation from the perspective of the job losses associated with it. The contribution of this thesis is its contention that job loss associated with privatisation, if any, is a short-term and an individualised issue. There are rather other concerns to the labour force associated with privatisation which are long-lasting, issue of collectivity and with broader implications. Privatisation programme has been put into effect since the early 1980s in a more noticeable manner in terms of pace and scope in developing countries owing to, at times, external prescription from multilateral lending and donor institutions to privatise State-owned enterprises as far and as fast as possible. Responding positively to such a donor prescription brings with it a financial and technical assistance from these institutions in addition to the perception that investment would be attracted and retained with liberalised economic policy. Ethiopia has embarked upon the actual implementation of the privatisation programme since 1995. Side by side to this, at the international level, freedom of association and collective bargaining has attained special status in the ILO jurisprudence since the adoption of the 1998 ILO Declaration. In fact, in the Ethiopian context, these labour rights have been incorporated into Ethiopian law by ratifying the relevant ILO conventions by the country in 1963. Moreover, they have been enshrined in the country’s Constitution since 1995 providing them a constitutional law status. These State actions formally impose international and national obligation on Ethiopia to respect, protect and promote the rights. In terms of labour profile, the privatisation programme, as an aspect of economic liberalisation, expects a liberal and flexible labour market. However, such flexibility is criticised of directly or indirectly eroding labour standards including the rights to unionisation and collective bargaining. Thus this state of affairs places Ethiopian policy makers in a dilemma on how to address both sides of the concerns and interests. The dilemma has been reflected in the ambivalent position the country’s law making, implementation and interpretation activities manifested themselves.
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Kandile, Msondezi Gorden. "The effect of recent amendments to the LRA within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17831.
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The Labour Relations Act, 1995 makes no provision of a legally enforceable duty to bargain, but affords certain rights to unions such as organisational rights. Although employers are obliged to grant these rights to representative unions, they are not compelled to engage in bargaining with them as there is no duty to negotiate. However, the refusal to bargain will result in power play in order to convince the other party to negotiate. If an employer refuses to negotiate with a union, the union is able to strike without any fear of dismissal of its members, provided that the strike takes place with requirements of the Act. The questions that need to be answered are amongst others whether the amendments on organisational rights will truly broaden access to section 14 and 16 rights of the Labour Relations Act? Further than that, to investigate whether these amendments will lead a decline in industrial action related to organisational rights. It also becomes imperative to find whether these arrangements will enable commissioners to carry out the mandate of minimizing the proliferation of trade unions. The study aims to provide understanding of the principles of collective bargaining in the workplace. This in turn promotes better understanding of the rights enshrined in section 23(5) of the Constitution which provides that trade unions, employers’ organisation and employers have the right to engage in collective bargaining. This right is given effect to the Labour Relations Act as amended. The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism in three cases in the South African National Defence Force. They are currently the main cases dealing with this issue in South Africa. The implications that a trade union is entitled to embark on strike action in order to obtain organisational rights in circumstances where it is not regarded as sufficiently representative, provides some form of relief for minority unions. Against this background, the critical legal question is the impact of recent amendments to the Labour Relations Act within the context of collective bargaining.
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Wilson, Marie Elaine. "Collective bargaining in higher education: A model of statutory constraint." Diss., The University of Arizona, 1990. http://hdl.handle.net/10150/185108.
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This dissertation explores the impact of the state public sector legal environment as a determinant of the governance content of faculty collective bargaining agreements. Using content analysis, the legal environment and contractual content are reduced to quantities that may be explored through the lens of population ecology. Legal environment is determined to have a significant impact on the development of contractual content and individual factors of governance and statutory form are identified. Specifically, the statutory scope language and reservation of management rights are seen as the primary environmental forces determining policy and rule issues in contractual content. Further, the relevant temporal element for an ecological model appears to be the tenure of public sector bargaining in each state. National affiliation, institutional type and other temporal variables do not have a significant impact on governance language. Implications and directions for further research are discussed.
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.
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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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Benjamin, Joy Delorenza. "The 2004 Japanese Professional Baseball Collective Bargaining Negotiations: A Qualitative Case Study." NSUWorks, 2015. http://nsuworks.nova.edu/shss_dcar_etd/13.
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Walton and McKersie (1965) defined relationship patterns as those shared attitudes that are important to negotiators when they are interacting together. In the case of the 2004 Japanese Professional Baseball collective bargaining negotiations, Dabscheck (2006) discussed the major issues and events that led to the two (2) day labor strike. However, his article did not describe how the relationship pattern between the Nippon Professional Baseball (NPB) and the Japanese
Professional Baseball Players Association (JPBPA) changed to facilitate the settlement of the conflict. Along the same vein, researchers (Adair, Brett, & Okumura, 2001; Adair & Brett, 2005; Deck, Farmer, & Zeng, 2009; and Doucet, Jehn, Weldon, & Wang, 2009; Drake, 1995; Neu, 1988; and McDaniel, 2000) attempted to show a link between negotiator behavior from cultural and communication perspectives, however, there was little empirical attention paid to the psychological process, such as thoughts, perceptions, emotions, and attitudes, and its link to negotiator behavior leaving a gap in the existing scholarly literature. To address the gap in Dabscheck's (2006) article and the existing scholarly literature, I utilized Yin's (2009) Case Study Research Approach to qualitative inquiry by analyzing document reviews and engaging collaboratively with research participants through focused interviews to investigate how the relationship pattern in the 2004 Japanese Professional Baseball collective bargaining negotiations changed from the beginning to the end of the conflict if at all.
I found that the NPB and the JPBPA institutional pattern of relationship at the start of the conflict began with a containment-aggression relationship pattern, and over four (4) months, the pattern of relationship did change from containment-aggression to cooperation. Upon further investigation, I found that the NPB and the JPBPA negotiators operated initially in the distributive bargaining sub-process utilizing reinforcement tactics, but over the course of four (4) months, they began to operate in the integrative bargaining sub-process with the utilization of cognitive balance tactics even though the NPB and the JPBPA negotiators never abandoned operating in the distributive bargaining sub-process. In essence, they operated in hybrid distributive and integrative sub-processes at the same time. Moreover, I discovered that the NPB and the JPBPA moved from containment-aggression to cooperation not only because of a change in the NPB's lead negotiator position, but also because of a shared emotional moment between the NPB and the JPBPA negotiators, which initiated a shift away from stalemate. Although environmental factors, such as the media, fans, politicians, and other unions, over the course of four (4) months did not waiver in their support for the resolution of the conflict, the evidence did not directly demonstrate the way that their support and their influence manifested in the collective bargaining negotiations.
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Oodit, Sharlaine. "A review of the collective bargaining system in the public service with specific reference to the general public service sector bargaining council (GPSSBC)." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021029.
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ollective bargaining continues to play a prominent role in shaping employment relations in South Africa, without which the individual worker is powerless and in a weaker bargaining position against his employer. Collective bargaining can be described as an interactive process that resolves disputes between the employer and employee. In South Africa the advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. Therefore in examining the history of collective bargaining in South Africa it is necessary to reflect on the state of labour relations prior and post the 1994 democratic elections. The study provides an overview of the practices and processes of public service collective bargaining in the old and new public service. The public sector accounts for a very significant proportion of employment in all countries around the globe, South Africa is no exception. Although the state as employer is in a stronger position than its private sector counterpart, the public employee is potentially also in a stronger position than its private sector counterpart. A defining characteristic of most government activity and services is that they are the ones available to the public. This means that industrial action which disrupts such services has a very significant impact on the public, serving as a substantial leverage in collective bargaining. The bargaining councils in the public sector which ensure the effectiveness of collective bargaining are maintained, are examined to provide a comprehensive understanding of the workings of these institutions. Some of the gains and challenges are also explored to provide a holistic picture of state of collective bargaining in public service. A comparison of countries seeks to analyse and compare globally the developments of collective bargaining in public administrations. The different political systems around the world have developed various labour relations processes in the public service, an examination of the approaches and mechanisms provides alternative ways of doing things. Recommendations are made regarding the changes that need to be made, as well as matters, which need to be analysed and examined further.
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Podguski, Richard P. "A study of the reinvention efforts of county labor relations within the Commonwealth of Pennsylvania." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1999. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1999.<br>Source: Masters Abstracts International, Volume: 45-06, page: 2956. Typescript. Abstract precedes thesis as preliminary leaves [1-3]. Includes bibliographical references 119-121.
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Fourcade, Cécile. "L' autonomie collective des partenaires sociaux : essai sur les rapports entre démocratie politique et démocratie sociale /." Paris : LGDJ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/523123817.pdf.
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Vettori, Stella. "Alternative means to regulate the employment relationship in the changing world of work." [S.l.] : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11082005-142503/.
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Thesis, LLD--University of Pretoria, 2005.<br>"Submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Department of Mercantile Law, Faculty of Law, University of Pretoria." Includes bibliographical references and index.
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Rycx, François. "Collective bargaining, labour market performance, wage structures and poverty: an international perspective." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211604.
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Doiron, Denise J. "Wage and employment contracts as equilibria to a bargaining game : an empirical analysis." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27001.
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The object of this research is to study how unions and firms divide the surplus or rents available to them. Many instruments are used in practice to make this division, but standard micro data only includes two: wages and employment. I use a new approach to study wage and employment contracts as I consider them equilibrium points in a noncooperative bargaining game.
This work is an extension of wage-employment determination models, the extension being the incorporation of a bargaining model, specifically, a Rubinstein bargaining game. Given the objective functions of the two players, the wage and employment equations are specified by the equilibrium conditions for the game. Also, additional determinants of the contracts are identified. One of the characteristics of the model is that the wage and employment contracts are affected by the relative strike costs of the two negotiating parties even in the absence of strikes.
The data involve the B.C. wood products industry and the IWA, a powerful union believed to have been successful at capturing rents. The data include input and output quantities and prices and equations representing input demands and output supply are estimated simultaneously with the negotiated wage and employment equations. Four estimation models are derived corresponding to two bargaining frameworks and two sets of assumptions on the firms' technology. The two bargaining frameworks correspond to two polar cases that have been assumed in the wage-employment determination literature: in one case, the wage is set through bargaining while the employment level is chosen by the firm, in the second case, both the wage and employment level are negotiated. In one pair of models, output is treated as exogenous to the bargaining while in the second set of models, output is endogenous and capital is exogenous.
The bargaining game is successfully implemented in the sense that technology and union utility parameters are generally reasonable and comparable to previous estimates. Also, the determinants of relative strike costs enter significantly in the estimation. The union is seen to care about employment as well as the wage with slightly more weight being placed on the employment level. Rent maximization is always rejected. Bargaining powers are calculated at each data point and results indicate that the 1980's recession increased the relative power of the union. The hypotheses of equal bargaining powers and complete union bargaining power are tested and rejected. Also, the proportion of rents captured by the firm is found to be a poor indicator of its bargaining power.
Although the qualitative results mentioned above are robust across the four models, parameter values are generally sensitive to both the technology assumptions and the bargaining framework. Ignoring the simultaneity of wages, employment and other variables chosen by the firm can be very misleading. Finally, the model in which both wages and employment are negotiated consistently performs better than the framework in which employment is unilaterally set by the firm.<br>Arts, Faculty of<br>Vancouver School of Economics<br>Graduate
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Gyesie, Nana. "Exploring the Impact of Collective Bargaining Agreements on Employee Performance Management." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3527.
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As of 2014, union density in the United States had dropped compared to union density during the 1950s. Collective bargaining agreements are the foundational agreement for all issues related to salary, benefits, and working conditions. The purpose of this multiple case study was to explore how collective bargaining agreements hindered or enabled managers from creating and sustaining high performance work practices. The conceptual framework included Walton and McKersie's work on behavioral theories for labor negotiations, human capital, and collective bargaining, and Huselid's work on high performance work practices. Fifteen respondents across 5 labor unions in Washington DC were selected through a randomized purposive sampling strategy for face-to-face and telephone semi-structured interviews. Additional sources of data included current and archived collective bargaining agreements, a reflective journal, and personal memos that were analyzed using Yin's 5-step analysis process. The following 5 themes were identified: performance management and accountability, organizational and union culture, intrinsic motivation and performance recognition, management practices, and the future sustainability of unions. These findings may help unionized organizations in the Washington DC metro area consider changing negative hiring and retention practices. Collective bargaining agreements, without a partnership framework linked to organizational sustainability, can hinder the creation and sustenance of high performance work practices in labor unions.
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Ballantyne, Scott David. "Evaluation of the effect Act 195 of 1970 had on negotiating additional fringe benefits in lieu of larger salary increases in the Antietam School District." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1991. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1991.<br>Abstract precedes thesis as 3 preliminary leaves. Typescript. Source: Masters Abstracts International, Volume: 45-06, page: 2929. Includes bibliographical references (leaf 48).
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Valtat, Antoine. "Essais sur la négociation sectorielle." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLX081/document.
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Dans le premier chapitre, après une présentation des institutions responsables des négociations salariales en France, je me penche sur l'utilisation, par les grandes entreprises, des salaires planchers pour évincer la concurrence. En effet, les salaires négociés au niveau de l'industrie s'appliquent à l'ensemble des entreprises, qu'elles soient présentent lors des négociations ou non. Ce chapitre possède une partie théorique où il est montré que les plus grosses entreprises ont un intérêt à augmenter les salaires planchers, pour réduire le profit des plus petites entreprises, et ainsi récupérer leurs parts de marché. Par conséquent, plus les syndicats patronaux représentent les intérêts des grandes entreprises, plus le salaire négocié au niveau sectoriel est important. Cette prédiction est testée en utilisant des données françaises. L'utilisation d'une stratégie instrumentale permet de montrer que plus les entreprises négociant les salaires planchers sont grosses par rapport à la moyenne de l'industrie concernée, plus le salaire négocié est important.Dans le second chapitre, je regarde l'effet des négociations sectorielles sur l'innovation. J'utilise un modèle avec compétition monopolistique. Je trouve que, dans le cas d'une négociation salariale au niveau de l'industrie, les parties à la négociation prennent en compte le fait que l'augmentation du coût du travail va diminuer les investissements, de leurs concurrents. En effet, avec la négociation sectorielle, l'augmentation du salaire plancher implique que les revenus tirés d'une innovation diminuent. Cette baisse des investissements permet aux entreprises dominantes de sécuriser leur place, ce qui possède un effet négatif sur l'innovation et la croissance.Dans le dernier chapitre, je trouve que la compétition internationale réduit l'importance des effets mis en avant précédemment. En effet, les négociations sectorielles permettent aux entreprises dominantes de former des accords collusifs. Cependant, les entreprises étrangères du même secteur ne sont pas sujettes à ces accords salariaux. Cela vient donc empêcher la mise en place de ces effets de cartel. Ce chapitre est basé sur un modèle de type Melitz. De plus, des donnés sur les salaires négociés en France sont utilisées. L'augmentation des échanges avec la Chine est utilisée comme un choc exogène. Il est prouvé que cela réduit la rente extraite lors des accords de branche<br>In the first chapter, after a presentation of institutional settings, I will focus on the use of sector-level agreements by large firms to reduce competition. Indeed, wage floors are binding for all firms of the industry, whether they sit at the negotiating table or not. This chapter provides a theoretical framework showing that such agreements can be used by dominant firms to reduce competition. In this framework, the higher the over-representation of large firms in employers' federations, the larger the bargained wage floors. This leads to the eviction of small firms. This prediction is tested on French administrative data. I document the domination of large firms within federations and devise an instrumental strategy to show that when the bargaining firms are relatively large compared to the industry standard - ie the lower the federation's representativeness, the higher are wage floors.In the second chapter, I look at the effect of sector-level agreements on innovation. It is based on a model with monopolistic competition between products of an industry on the one hand, and between industries on the other hand. First, I find that when the bargaining process occurs at the industry level, negotiating parties take into account that a wage increase will deter investments of competitors. Indeed, when the wage negotiated at the industry-level increases, the labor cost increase implies that the reward for innovations decrease. As this will reduce the probability to be outperformed, this will generate a wage surplus when the bargaining takes place at the industry-level, reducing both production and employment. Furthermore, it will decrease the research effort of the industry reducing the productivity growth.In the final chapter, I find that international competition mitigates the previous effects. Indeed, collective wage bargaining allows firms of a given industry to coordinate. However, international competition makes this collusive equilibrium unsustainable. Indeed, domestic firms face competition from foreign competitors which are not bound by those agreements. To support this argument, a Melitz-type model is developed and its implications tested on French data using the China Shock as a source of exogenous variation. The rent extracted during sector-level agreements no longer exist when domestic firms face Chinese competition
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Chan, Bing-tai, and 陳炳泰. "Collective bargaining in the Hong Kong public service: a study of Post Office Staff Unions." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31963730.
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Cheng, Lin. "Organized Labor and Debt Contracting." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1343146465.
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Stendal, Grant. "The politics of productivity bargaining : the two-tier wage system case /." Title page, contents and abstract only, 1994. http://web4.library.adelaide.edu.au/theses/09PH/09phs825.pdf.
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Swain, Jo Elyn Christiansen. "The influence of relational trust between the superintendent and union president." Diss., Montana State University, 2007. http://etd.lib.montana.edu/etd/2007/swain/SwainJ1207.pdf.
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O'Brien, Fabius Prince. "Determinants of total bargaining outcomes in the open-shop environment." Diss., Virginia Polytechnic Institute and State University, 1986. http://hdl.handle.net/10919/71266.
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Today, labor union membership has dropped to its lowest level in over 40 years. Attempts to boost aggregate union membership through large scale organizing drives have largely failed. This has placed a great deal of pressure on unions to provide services to existing union members. This would seem to be especially true for labor unions operating in right-to-work states where union members can simply quit the union if they are not satisfied with the union's efforts. Accordingly, this project sought to explain the extent to which local unions have been successful in achieving desirable bargaining outcomes for their members through the exercise of bargaining power.
The purpose of this project was to assess the relationship between sources of plant-level bargaining power and changes in collective bargaining outcomes in an open-shop environment. Sources of power were grouped into those over which the union had relatively greater control (strikes, union strength, and decertification attempts) and those over the employer had relatively greater control (bargaining unit employment, plant closure communications, and degree of labor intensity).
A three-page survey questionnaire was employed to collect plant-level data from Virginia and Iowa representing sources of bargaining power relevant to specific time periods to help identify whether sources of bargaining power were more or less effective in securing bargaining outcomes favorable to the local union during episodes of union militancy.
Results demonstrate that strike incidence and union strength, two consistent traditional predictors of various bargaining outcomes were ineffective as sources of union bargaining power at least for these samples. Strike duration did lead to greater bargaining outcomes for union members in Iowa. Decertification activity was so low in these samples that meaningful relationships were not possible. Changes in bargaining unit employment, over which the employer has relatively greater influence were directly related to bargaining outcomes in the Iowa sample of plants which did not experience strikes. In Virginia, the threat of a plant closure by an employer during an impasse lead to lower bargaining outcomes for union members as predicted. The degree of labor intensity was unrelated to changes in bargaining outcomes for either state.
When considering all significant relationships (supportive and nonsupportive), strikes demonstrated a particularly disruptive influence. Research results suggested that future research should consider industrial, union affiliation, and regional differences in plant level studies.<br>Ph. D.<br>Pages xiv-xix missing.
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Hensley, Stephen Michael. "Labor-management training programs established and funded through collective bargaining agreements at firms employing 1000 or more persons." Diss., This resource online, 1996. http://scholar.lib.vt.edu/theses/available/etd-06062008-160637/.
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Han, Eunice Sookyung. "Essays on the Teachers' Labor Market." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10790.
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Chapter 1 begins with the motivation of my study in teachers' labor market. I employ a monopolistic screening model to show that there exist multiple equilibria in the educational system; a pooling equilibrium and a separating equilibrium. The model predicts that the pooling equilibrium is optimal only when the average quality of teacher applicants is high. Using data from the OECD, I examine the relation between teachers' earnings and teacher quality of the U.S. and Korea. Chapter 2 focuses on teachers and their career dynamics, and the data is at teacher level. Using the Current Population Survey for 2001-2010, I show that public school teachers are paid less compared to other comparable college graduates in non-teaching sectors. By studying the change in earnings after career changes, I find the evidence of positive selection when teachers move into the non-teaching sectors and of negative selection when non-teachers move into the teaching sector, which results in the decrease in the average teacher quality. Chapter 3 looks at both teachers and school districts, and I use district-teacher matched dataset, based on the School and Staffing Survey (SASS) for 2007-2008. I employ a multilevel model and a propensity score matching to identify union effects in states with different legal environments for collective bargaining of teachers. I find that collective bargaining is neither necessary nor sufficient for unions to affect teachers' well-being. I show that meet-and-confer is a popular alternative to collective bargaining and that it is an important mechanism for unions to influence teachers' non-wage benefits. Chapter 4 concerns school districts, and I use SASS district level data. I reevaluate the role of teachers unions on pay structure and districts' financial status. In contrasts to previous findings, I find that the variance of teachers' earnings is higher in more unionized settings. Moreover, I show that the financial status of districts with teachers unions is stronger than that of districts without the unions. I confirm that unionism is associated with less usage of performance pay system.<br>Economics
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Ferradans, Caramés Carmen. "Jurisprudential Analysis of Reserved Advantages Clauses Agreed in the Spanish Collective Bargaining." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117139.
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In this article the author develops a jurisprudential analysis of the right to negative freedom of association, as an essential part of the right to freedom of association, and how certain agreements, concluded within the framework of collective bargaining, contain provisions that go against the principle non-discrimination. Such agreements are declared null and void, and sometimes are admitted and incorporated into the constitutionality and legality. Based on typical cases will be discussed in which situations the agreements concluded by unions violate the right to negative freedom of association of the unaffiliated and become a discriminatory act and an unjustified pressure to join a union.<br>En el presente artículo se desarrolla un análisis jurisprudencial del derecho a la libertad sindical negativa, como parte esencial del derecho a la libertad sindical, y cómo ciertos acuerdos, concluidos en el marco de la negociación colectiva, contienen disposiciones que van en contra del principio de no discriminación. Dichos acuerdos son declarados nulos y sin efectos, y en otras ocasiones son admitidas e incardinados dentro de la constitucionalidad y legalidad. Sobre la base de casos paradigmáticos se expondrá en qué situaciones los acuerdos celebrados por los sindicatos atentan contra el derecho de libertad sindical negativa de los no afiliados y devienen en un acto discriminatorio y una presión injustificada a afiliarse a un sindicato.
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Bula, Oleh. "A STUDY OF PUBLIC EMPLOYEE LABOR LAW IN THE UNITED STATES." Doctoral diss., University of Central Florida, 2005. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2427.
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This study examined the legal issues of public employee labor relations in the United States. Included in this study is a review of relevant case law as it pertains to collective bargaining in the public sector. In addition to reviewing the case law, this study researched the statutory language of each state for public sector collective bargaining. The study includes a review, analysis, and summary of the state and federal laws for public sector collective bargaining. The collective bargaining process in the United States is designed to resolve disputes between two parties, the employer and the employee. The resolution of these disputes often depends on the relative bargaining power of each party. The private sector has a collective bargaining process that has been well established since the passage of the National Labor Relations Act in 1935 and the Labor-Management Relations Act of 1947. The federal laws that have been implemented in the last fifty years, to include the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, the American with Disabilities Act of 1990, among others, cover the scope of almost all of the private sector collective bargaining (Oberer, 1994). The public sector contains 50 different state laws and several federal laws defining the scope of collective bargaining for public employees. The bargaining process in the public sector takes place in the context of the political arena. This political influence, which is unique in each state and at each level of government, provides additional steps to the bargaining process that further differentiate public sector bargaining from private (Valletta, 1985). This study provides conclusions on certain aspects of public sector collective bargaining that lead to dispute resolution and contract negotiation to include fact-finding procedures, mediation, arbitration, and strike policies, in the current state of the law. Recommendations are made to public officials, policy makers, and other stakeholders for the future of public employee labor relations in the United States.<br>Ed.D.<br>Department of Educational Research, Technology and Leadership<br>Education<br>Educational Leadership
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Neves, Mujica Javier. "Limitations on the content of Collective Bargaining imposed by the State to its workers." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108986.
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Collective bargaining is one of the most important manifestations of the right to freedom of association, because it serves as the mean through which unions can, progressively, improve labor conditions. It is because of its importance that the contentof this right cannot find itself limited in the possibility for employees to negotiate their own remuneration, which is what is happening with public employees in our country.In this article, the author makes an analysis of the content of the right of collective bargaining and its limitations imposed by our regulation, from the perspective of various national and international bodies. Those limitations would be unconstitutional, for they are restraining part of the essential content of the right of collective bargaining, existing, moreover, more suitable measures to achieve the balance between this right and public budget needs.<br>El derecho a la negociación colectiva es uno de las manifestaciones más importantes del derecho de libertad sindical, pues se trata delmedio mediante el cual los sindicatos pueden lograr, de manera progresiva, mejores condiciones laborales. Es debido a esta importanciaque el contenido de dicho derecho no debeverse limitado en cuanto a la posibilidad de los empleados de negociar su propia remuneración, lo cual sí sucede en el caso de los empleados públicos en nuestro país.En el presente artículo, el autor realiza un análisis del contenido y los límites impuestos a la negociación colectiva en nuestro ordenamiento, desde la perspectiva de distintos órganos nacionales e internacionales. Dichas limita- ciones serían inconstitucionales, dado que se está restringiendo parte del contenido esencial del derecho a la negociación colectiva, siendo posible encontrar medidas más idóneas para balancear el ejercicio de dicho derecho con las necesidades de presupuesto público.
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Fomosoh, Raymond Awa. "Globalisation and work regulation in South Africa." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8106_1310982701.
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<p>This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard employment relationships.</p>
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Dryden, Tracy L. "A Phenomenological Study of the Cessation of Collective Bargaining as Experienced by Academic Deans in the Wisconsin Technical College System." Thesis, Saint Mary's University of Minnesota, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10284617.
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<p> This phenomenological study focused on the lived experiences of 17 deans in the Wisconsin Technical College System as they dealt with the end of collective bargaining. The interviews explored how the phenomenon impacted the professional role of the dean, how it changed key responsibilities, and the anticipated and unanticipated changes experienced as a result of this change. Four major themes emerged including: (1) change evoked a range of emotions and feelings in faculty that deans needed to address; (2) collective bargaining defined how deans did their work and shaped relationships; (3) the collective bargaining contract was a rule book that both complicated and simplified; and (4) collective bargaining locked what is known as golden handcuffs. The findings of this research contribute to the body of knowledge related to the deanship and organizational change in the presence of formal labor-management structures and relationships.</p><p>
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Petersen, Desmond. "Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation provides for changes in workplace practices as well as the protection that it affords employees against unwanted or unilateral changes. The main focus of the research was on how the South African Courts have interpreted the legislation and how it has applied the law in cases involving the changing of terms and conditions of employment, that has come before it.
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Frost, Ann C. "Bargaining structure in a decade of environmental change : the case of the B.C. forest products industry." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/28710.
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The forest products industry is a major part of British Columbia's economy, employing directly or indirectly about twenty percent of the province's workforce; and accounting for a significant percentage of the province's exports and government revenues. Historically, the industry has been characterized by highly centralized bargaining structures and formal pattern bargaining between the two regions, the Interior and the Coast, and between the two main industry sectors, pulp and paper and solid wood. Recent environmental changes however, have put considerable pressure on the current system. Because of these changes employers now desire less centralized structures and more local control over terms of the collective agreement.
Pressures for decentralization have resulted from a combination of world wide trends and industry specific changes. The globalization of markets, increased volatility of currency exchange rates, and the increasing rate of technological change are examples of the former. Industry specific changes include the diversification of products and markets between regions and firms, and two major labour disputes in the 1980s.
These changes however, have had little effect upon bargaining in the forest products industry. Some changes have occurred, but to date they have not been significant. Employers in the province's pulp and paper sector deaccredited
their employer bargaining association in March 1985. Despite this change, bargaining in the last two rounds has been done jointly, as it has been done for the past four decades. The second change noted is the severing of ties between the Pulp Bureau and FIR, the Coastal solid wood employer association. Previously overseen by a common Chairman, these two bodies are now run independently to encourage the separation of bargaining outcomes in the two sectors. The final change of note is the role reversal between the pulp unions and the IWA. For many years it was the IWA who negotiated what would become the industry wide settlement. In the last two rounds of negotiations, however, the pulp unions have settled first.
Despite what appear to be significant environmental changes, there has been relatively little change in bargaining in this industry. Clearly there are forces in the industry's industrial relations system that are preserving the status quo. Several organizational forces and one environmental force are identified which are preventing change in industry bargaining structures. Organizational forces include third party pressures (specifically threats of government intervention), industry tradition and past practice, and the unions' ability to resist unilateral changes in bargaining. The environmental force preventing employers from forcing change in industry bargaining structure is the economic health of product markets in the two sectors. Not until the pressures for change are great enough to overcome these inertial organizational forces will significant change occur
in the bargaining structure and patterns of the B.C. forest products industry.<br>Business, Sauder School of<br>Graduate
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Thomas, Courtney Alexandra. "A comparative study of labor rights in Guatemala after the enactment of DR-CAFTA." Tesis, Universidad de Chile, 2016. http://repositorio.uchile.cl/handle/2250/144369.
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In this study different variables proven to be correlated with labor rights to are used in a qualitative – descriptive study of the labor rights environment in the DR-CAFTA Latin American countries in order to determine if the current situation in Guatemala, subject of the first labor rights dispute under a free-trade agreement in United States history, is mirrored in each country, or is an environment unique to Guatemala. After a review of the variables this study concludes that Guatemala, Honduras, and Nicaragua all have similarly low levels of all the correlated variables studied, but that Guatemala does in fact present as having a political and legal environment that is less conducive to labor rights.
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MAYHALL, PAMELA DOUGLAS GRUBB. "DEVELOPMENT OF LABOR RELATIONS IN A LARGE SOUTHWESTERN SCHOOL DISTRICT BASED ON A GENERATIONAL FRAMEWORK (ARIZONA)." Diss., The University of Arizona, 1987. http://hdl.handle.net/10150/184025.
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This research provides a systematic, analytical examination of the evolutionary development of labor relations in a large public school district in the southwestern United States. The Kerchner and Mitchell (1981) generational framework of labor relations has been utilized in this study to evaluate its explanatory power. Research questions included: (1) Does the evolution of labor relations in this district follow the generational patterns specified in the framework developed by Kerchner and Mitchell (1981); and (2) What has been the impact of teacher collective bargaining on governance of this disrict? This work constituted a detailed case study of the school district. Method included analysis of data gathered through board minutes, newspaper and other publications, census data, contract and arbitration history data and semi-structured interviews with persons who played key roles in district labor relations. Findings indicate that generational development in this district has evolved along the lines of the Kerchner and Mitchell framework. The district is idiosyncratic, however, in the nature of coalitions formed, stimuli for change, and the continuing unresolved legal questions regarding collective bargaining in Arizona resulting from a lack of legislative guidance in this area. Generational movement of labor relations in this district is traced through two generational periods and two periods of intergenerational conflict. Findings suggest that relations appear to be suggestive of early third generation as the district enters 1987. With regard to impact, findings of this study generally support those of Kerchner and Mitchell (1981) that: (1) "accidental" policy is made through the bargaining process and contract implementation; (2) collective bargaining, contract making and contract enforcement in this district have enhanced the "laboring" aspect of teacher work; and (3) substantial change has occurred in this district in managerial beliefs and operations as a result of the consensus agreement. Further, findings suggest that although public participation in the district has been episodic, it has greatly influenced generational movement, as has partisan politics. Variance from Kerchner and Mitchell findings and intradistrict variance is also addressed.
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Horo, Lindile. "The variation of conditions of employment." Thesis, University of Port Elizabeth, 2002. http://hdl.handle.net/10948/282.
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This paper seeks to bring clarity to a number of issues that arise from a process resulting from the unilateral variation of terms and conditions of employment and the conflict management and dispute resolution processes. The variation of employment terms particularly when it is driven by one party to the employment relationship can cause instability, insecurity, confusion and uncertainty to the parties involved. The nature of work is not constant and therefore changes are inevitable. This then has an effect of bringing disorder not only to the employer-employee relationship but also to the labour relations balance. In many instances and depending on whether it is the employer or employee who propagates the changes, the reasons to alter the conditions are different. Employers usually cite operational or economic reasons that are meant for the survival of the business as the need to make the changes. From the employees’ side the changes are necessitated by reasons aimed at a move from protecting the favourable employment conditions already acquired to improving them or attaining more. In the event that the parties to the employment relationship do not agree to the changes proposed and implemented, a dispute usually arises. This results from the failure of a consultation process, negotiations, persuasion or collective bargaining in general. In essence such a dispute arises from absence of consent to the changes. The failure of a bargaining system requires the process to assume a new nature. The dispute resolution systems and the conflict management systems follow as both the appropriate and necessary steps. The bargaining power together with the intervention of the third party is at the centre of this phase. The parties, depending on the nature of the dispute, the conditions that iv are changed and who are affected by the changes, have choices on what dispute resolution mechanisms to employ. The choice made has a huge impact on both the outcome required in the form of recourse, how the dispute will be resolved or how the conflict will be managed. There is legislative intervention with regards to the resolution of the conflictual scenarios that arise from disputes on unilateral variation of terms and conditions of employment. There are also non-statutory measures available to the parties. The choices are vast as to when can the variation take place, the reasons for the changes, the parties involved, the possible dispute resolution mechanisms, what can be varied and whether the unilateral implementation can be viewed as fair.
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Gorelli, Juan. "El proceso de reformas de la negociación colectiva en España." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/115848.
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The process of collective bargaining reforms in SpainThis article aims to analyze the main lines of development of the process of collective bargaining reforms in Spain. For this purpose, after of being described those characteristic elements of the Spanish model about this fundamental right, it highlight the principal legislative changes that involved the great labor reform of 1994, which have continued through the regulations issued between 2011 and 2012, generating a synergy that actually delimit a new right of collective bargaining.<br>El presente artículo tiene por finalidad analizar las principales líneas de desarrollo del proceso de reformas de la negociación colectiva en España. A dicho efecto, luego de describirse aquellos elementos característicos del modelo español respecto a este derecho fundamental, se resaltan los principales cambios legislativos que implicó la gran reforma laboral de 1994, los cuales han continuado a través de las normas emitidas entre 2011 y 2012, generándose una sinergia que en realidad delimita un nuevo derecho de la negociación colectiva.
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Ugaz, Olivares Mauro, and Véliz Rosa Valeria Osorio. "The Heterocomposicion of Collective Labor Negotiations: Analysis of Facultative Arbitration in the last few years." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123145.
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This article addresses the issue about the application of Facultative Arbitration and its effect on the redirection of negotiable behaviors of business and gremials organizations in order to achieve some previous agreement before they submitted to an arbitral tribunal. Furthermore, the authors compare the effects of the strike concept variation on the qualification of this like legal or illegal and its relationship with the emergence of Facultative Arbitration that, as an exceptional measure, complement the collective negotiation.<br>El presente artículo trata sobre la aplicación del Arbitraje Potestativo y su efecto en la redirección de las conductas negociales de las organizaciones gremiales y empresariales a fin de que logren un acuerdo previo antes de someterse a un tribunal arbitral. Asimismo, los autores comparan los efectos de la variación del concepto del derecho a la huelga en la calificación de esta como legal o ilegal y su relación con la aparición del Arbitraje Potestativo que, como medida excepcional, complementa la negociación colectiva.
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Paolucci, Valentina. "The role of collective bargaining in addressing flexibility and security : a multi-level comparative institutional analysis of three countries and four companies within the chemical and pharmaceutical sector." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/79403/.
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The main contribution of this thesis is to demonstrate that collective bargaining represents a fundamental source of flexibility and security for the labour market. This original finding emerges from a comparative analysis of bargaining arrangements in the chemical and pharmaceutical sector in three countries – Italy, Denmark, and the UK – with a detailed examination of arrangements at company level in two of these – Italy and Denmark. The sector chosen for the analysis is a solid manufacturing industry exposed to international competition and characterised by a long tradition of collaboration between the social partners. A focus on collective bargaining which is both multi-level and comparative enabled this research to establish: first, that sector level industrial relations institutions account for the degree of within-country homogeneity in the content of firm level agreements over issues of flexibility and security; and second, that the degree of cross-company heterogeneity is conditioned primarily by firm-level contingencies – both union density and organisational characteristics. This means that at company level both institutional structures and non-institutional variables play an important role. Significantly, the increasing attention paid at EU level to policies aimed at achieving greater flexibility while protecting the level of security for the workforce, and the ineffectiveness of the Member States to fully embrace such a policy paradigm, have required academic debate on flexicurity to look beyond public policies and legal regulation as sources of flexibility and security for the labour market. In line with this stream of research the thesis shows that sector level bargaining institutions act as beneficial constraints on company level negotiations over flexibility and security. In light of this it is argued that the flexicurity literature has not only overlooked the role of collective bargaining in shaping different regimes of flexibility and security, it has also ignored a further form of security: the procedural security that a well-functioning multi-employer system provides to lower bargaining levels. Furthermore, by paying exclusive attention to collective bargaining institutions, the research responded to the challenge of offering a clearer account of the context within which the notion of flexicurity is deployed.
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Blume, Moore Iván. "The Crystallization of Collective Bargaining with Wage Content in the Public Sector: the Transit from Prohibition to Reasonable Restriction in the Light of Budget Rules." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119038.
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The right to collectively negotiate salaries afforded to Public Employees has been a longstanding controversy in our country. Especially, in the light of the prohibitions established by Budget Laws. However, this conflict has been recently resolved by the Constitutional Court. This decision marks a fundamental landmark for Labor Law because it crystallizes the right of public employee to collectively bargain salaries with the State. In this article, the author recount the path travelled by the Constitutional Court in this field, that is, from the absolute prohibitions to a reasonable restriction in the pursue to achieve balance between this right and the public interest at stake.<br>El derecho de los trabajadores públicos de negociar colectivamente sus salarios ha sido una controversia de larga data en nuestro país. En especial, a la luz de las prohibiciones establecidas por las normas presupuestales. Sin embargo, este conflicto ha sido resuelto recientemente por el Tribunal Constitucional. Esta sentencia marca un hito fundamental en el derecho laboral colectivo, pues ha cristalizado el derecho de los trabajadores de la Administración Pública a negociar colectivamente sus salarios con el Estado. En el presente artículo, el autor realiza un recuento del camino transitado por el Tribunal Constitucional en este campo, esto es, desde la absoluta prohibición hasta la restricción razonable de este derecho en su afán por conciliarlo con el interés público en juego.
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Gamarra, Vílchez Leopoldo. "Balance of the Labor Policy of the Current Government." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118483.
Full textAbstract:
This paper analyzes the employment policy of the current Peruvian government. We begin with some considerations on the economic and social context of the period 2011-2015 and specifically on the concept of precariousness in employment. Then we analyze the most important changes in labor and social security matters; finally, we will discuss some proposals for concrete measures regarding the search for solution of the problems addressed.<br>El presente trabajo se propone analizar la política laboral del actual Gobierno peruano. Empezaremos con algunas consideraciones sobre el contexto económico y social del período 2011-2015 y específicamente sobre el concepto de la precariedad en el empleo. Luego, analizaremos los cambios más importantes en materia laboral y previsional; finalmente, expondremos algunas propuestas como medidas concretas respecto a la búsqueda de solución de los problemas tratados.
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Bhe, Vuyisile. "Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1043.
Full textAbstract:
Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not.<br>Abstract
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Hemsley, Michael Norman. "The constitutionality of section 32 of the Labour Relations Act." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/11070.
Full textAbstract:
Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.