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 re.
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.
Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.
In The Blue Eagle at Work, Charles J. Morris, a renowned labor law scholar and preeminent authority on the National Labor Relations Act, uncovers a long-forgotten feature of that act that offers an exciting new approach to the revitalization of the American labor movement and the institution of collective bargaining. He convincingly demonstrates that in private-sector nonunion workplaces, the Act guarantees that employees have a viable right to engage in collective bargaining through a minority union on a members-only basis. As a result of this startling breakthrough, American labor relations may never again be the same. Morris's underlying thesis is based on a meticulous analysis of statutory and decisional law and exhaustive historical research.Morris recounts the little-known history of union organizing and bargaining through members-only minority unions that prevailed widely both before and after passage of the 1935 Wagner Act. He explains how vintage language in the statute continues to protect minority-union bargaining today and how those rights are also guaranteed under the First Amendment and by international law to which the United States is a committed party. In addition, the book supplies detailed guidelines illustrating how this rediscovered workers' right could stimulate the development of new procedures for union organizing and bargaining and how management will likely respond to such efforts.The Blue Eagle at Work, which is clear and accessible to general readers as well as specialists, is an essential tool for labor-union officials and organizers, human-resource professionals in management, attorneys practicing in the field of labor and employment law, teachers and students of labor law and industrial relations, and concerned workers and managers who desire to understand the law that governs their relationship.
This book analyses trade unions’ capacities of resistance following the period of austerity and “bailout crisis” in Portugal (2011-2015). Considering the destructive impacts of those policies on the working class and their unions, it explores three case studies in three productive sectors: the metal sector (Autoeuropa/VW); the telecommunications sector (PT-Telecom/Altice); and the transport sector (TAP – Air Portugal). In order to gather empirical information, the study uses qualitative methods, such as in-depth interviews and focus groups. The book shows that social dumping, brutal unemployment growth, increasing poverty levels, spreading precariousness, wage cuts and labour rights suppression were some of the consequences of this period on the working class and trade unions. Drawing on the “power resources” theoretical approach, it shows how trade unions were able to react and “reinvent” themselves in terms of certain forms of power, while others “imploded” or were relegated to a marginal role.
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Richard B. Freeman and James L. Medoff’s now classic 1984 book What Do Unions Do? stimulated an enormous theoretical and empirical literature on the economic impact of trade unions. Trade unions continue to be a significant feature of many labor markets, particularly in developing countries, and issues of labor market regulations and labor institutions remain critically important to researchers and policy makers. The relations between unions and management can range between cooperation and conflict; unions have powerful offsetting wage and non-wage effects that economists and other social scientists have long debated. Do the benefits of unionism exceed the costs to the economy and society writ large, or do the costs exceed the benefits? The Economics of Trade Unions offers the first comprehensive review, analysis and evaluation of the empirical literature on the microeconomic effects of trade unions using the tools of meta-regression analysis to identify and quantify the economic impact of trade unions, as well as to correct research design faults, the effects of selection bias and model misspecification. This volume makes use of a unique dataset of hundreds of empirical studies and their reported estimates of the microeconomic impact of trade unions. Written by three authors who have been at the forefront of this research field (including the co-author of the original volume, What Do Unions Do?), this book offers an overview of a subject that is of huge importance to scholars of labor economics, industrial and employee relations, and human resource management, as well as those with an interest in meta-analysis.
The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.
