“None of the Above” Or Did Not Support Any of the Four Options Presented in the Consultation Document
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Solidarity Forever? Unions and Bargaining Representation Under New Zealand's Employment Contracts Act
Loyola of Los Angeles International and Comparative Law Review Volume 18 Number 1 Article 1 12-1-1995 Solidarity Forever? Unions and Bargaining Representation under New Zealand's Employment Contracts Act Ellen Dannin Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Ellen Dannin, Solidarity Forever? Unions and Bargaining Representation under New Zealand's Employment Contracts Act, 18 Loy. L.A. Int'l & Comp. L. Rev. 1 (1995). Available at: https://digitalcommons.lmu.edu/ilr/vol18/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. LOYOLA OF LOS ANGELES INTERNATIONAL AND COMPARATIVE LAW JOURNAL VOLUME 18 DECEMBER 1995 NUMBER 1 Solidarity Forever? Unions and Bargaining Representation Under New Zealand's Employment Contracts Act ELLEN DANNIN* I. Introduction .............................. 2 II. Bargaining Representation and the ECA: Some Initial Considerations ............................ 3 III. Basics of Representation Under the ECA ......... 12 A. Employer Opposition to Union Authorization 14 1. Treatment of Bargaining Representatives 14 2. Union Access to Employees ............ 17 3. Union Party Status ................... 20 4. Withdrawal of Authorizations ........... 22 B. Bargaining with Authorized Representatives ... 33 1. Direct Dealing ....................... 38 2. Dealing with Nonauthorized Representatives 44 3. Pressure to Revoke Authorizations ....... 46 C. Representation Authority as a Procedural Hurdle 52 1. -
Unions and Right-To-Work Laws the Global Evidence of Their Impact on Employment
Unions and Right-to-Work Laws The Global Evidence of Their Impact on Employment EDITED BY FAZIL MIHLAR The Fraser Institute Vancouver British Columbia Canada 1997 Copyright © 1997 by The Fraser Institute. All rights reserved. No part of this book may be reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews. The authors of this book have worked independently and opin- ions expressed by them are, therefore, their own, and do not nec- essarily reflect the opinions of the supporters, trustees, or staff of the Fraser Institute. Printed in Canada. Canadian Cataloguing in Publication Data Main entry under title: Unions and right-to-work laws Includes bibliographical references. ISBN 0-88975-179-X 1. Open and closed shop--Law and legislation. 2. Right to labor. 3. Union security--Law and legislation. I. Mihlar, Fazil, 1966- II. Fraser Institute (Vancouver, B.C.) HD4903.U54 1997 344.01’8892 C97-910687-7 Contents Foreword: Closed-Shop Provisions Violate the Charters of Rights and Freedoms Roger J. Bedard xv Introduction Fazil Mihlar and Michael Walker 1 Canada’s Labour Laws: An Overview Dennis R. Maki 19 Unionization and Economic Performance: Evidence on Productivity, Profits, Investment, and Growth Barry T. Hirsch 35 Right-to-Work Laws: Evidence from the United States James T. Bennett 71 Economic Development and the Right to Work: Evidence from Idaho and other Right-to-Work States David Kendrick 91 The Process of Labour Market Reform in the United Kingdom John T. Addison and W. Stanley Siebert 105 Economic Impact of Labour Reform: Evidence from the United Kingdom Charles Hanson 137 Free to Work: The Liberalization of New Zealand’s Labour Markets Wolfgang Kasper 149 Critique of Alberta’s Right-to-Work Study Fazil Mihlar 215 About the Authors JOHN T. -
The Struggle Over the Employment
In< THE STRUGGLE OVER THE siSI EMPLOYMENT CONTRACTS ACT eas eX) /..,- 1987-1991 ~ - -.. is -- ofl Sarah Heal el( no Otago University n CO se 0\ Abstract T The introduction ofthe Employment Contracts Act was opposed by many workers and has subsequently been condemned S: by a number oforganisations . This paper attempts to address the question ofwhy, given the widespread opposition to Cl the proposed legislation, a general strike did not occur in an attempt to defeat the Employment Contracts Bill. It is argued e1 that the failure ofthe leadership ofthe Council of Trade Unions to take up the call for a general strike and then to lead p sue h an action was a key factor in the enactment ofthe Employment Contracts Act. Explanations for the unwillingness ~ ofthe Council ofTrade Unions to lead a general strike are provided both by the thesis ofbureaucrati c conservatism and 1 by the policy approach adopted by the Council of Trade Unions in the preceding years. ( t f In the aftennath of the enactment of the Employment Their conservatism is contingent because they are, to I Contracts Bill many New Zealander's were bitter and varying extents, underpressme to respond to their rank and t confused as to how such a fundamentally anti-union piece file union members and also under pressure to respond to of legislation, opposed by the majority of the population, the wishes of employers and the govenunent. 2 The ability came to be introduced. This paper represents an attempt to of union officials to manipulate the workplace situation is address that issue. -
The New Zealand Employment Contracts Act
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Kasper, Wolfgang E. Working Paper — Digitized Version Liberating labour: The New Zealand employment contracts act Kiel Working Paper, No. 694 Provided in Cooperation with: Kiel Institute for the World Economy (IfW) Suggested Citation: Kasper, Wolfgang E. (1995) : Liberating labour: The New Zealand employment contracts act, Kiel Working Paper, No. 694, Kiel Institute of World Economics (IfW), Kiel This Version is available at: http://hdl.handle.net/10419/47243 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu Kieler Arbeitspapiere Kiel Working Papers Kieler Arbeitspapiere Nr. 694 Liberating Labour The New Zealand Employment Contracts Act von Wolfgang Kasper Juli 1995 Institut fur Weltwirtschaft an der Universitat Kiel The Kiel Institute of World Economics ISSN 0342 - 0787 Institut fur Weltwirtschaft Dusternbrooker Weg 120 24105 Kiel Kieler Arbeitspapiere Nr. -
Research Commons at The
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Commons@Waikato http://waikato.researchgateway.ac.nz/ Research Commons at the University of Waikato Copyright Statement: The digital copy of this thesis is protected by the Copyright Act 1994 (New Zealand). The thesis may be consulted by you, provided you comply with the provisions of the Act and the following conditions of use: Any use you make of these documents or images must be for research or private study purposes only, and you may not make them available to any other person. Authors control the copyright of their thesis. You will recognise the author’s right to be identified as the author of the thesis, and due acknowledgement will be made to the author where appropriate. You will obtain the author’s permission before publishing any material from the thesis. STRATEGY AND VISION: THE INFLUENCE OF THE AMWU ON THE NZEU FROM 1987-1992 WITH RESPECT TO EDUCATION AND TRAINING REFORMS. By Gemma L. Piercy Monday, August 23, 1999 This thesis is presented in partial fulfillment of a Master of Social Sciences, University of Waikato, Hamilton, New Zealand. TABLE OF CONTENTS: Abstract i Acknowledgements ii Table of Contents iii Acronyms v Chapter One: Introduction 1-16 Purpose 3 Central Arguments 3 Background 6 Research approach 13 Structure 15 Chapter Two: Historical and Theoretical Framework 17-42 The Demise of the Welfare State 18 The Changing Nature of Work 20 The Rise of Neo-liberalism 23 The resurgence of Human Capital Theory 27 Summary -
Using Empirical Evidence to Assess Labor-Management Cooperation
Michigan Journal of International Law Volume 19 Issue 3 1998 Cooperation, Conflict, or Coercion: Using Empirical Evidence to Assess Labor-Management Cooperation Ellen J. Dannin California Western School of Law Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, and the Labor and Employment Law Commons Recommended Citation Ellen J. Dannin, Cooperation, Conflict, or Coercion: Using Empirical Evidence to Assess Labor- Management Cooperation, 19 MICH. J. INT'L L. 873 (1998). Available at: https://repository.law.umich.edu/mjil/vol19/iss3/4 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. COOPERATION, CONFLICT, OR COERCION: USING EMPIRICAL EVIDENCE TO ASSESS LABOR-MANAGEMENT COOPERATION Ellen J. Dannin* INTRODUCTION ...................................................................................... 874 I. ARGUMENTS CONCERNING LABOR-MANAGEMENT COOPERATION.. 875 A. Changing the Form and Function of Unions....................... 876 B. Allowing Employers to Choose the Form of Unionization.. 887 C. Employees PreferLabor-Management Cooperation........... 889 U1. NEW ZEALAND'S EXPERIENCE WITH A LABOR-MANAGEMENT COOPERATION REGIME ................................................................. 890 A. Are the United States and New Zealand Comparable?....... 890 B. The Employment ContractsAct (ECA) in the Laboratory...894 1. Union Focus on Productivity Issues ............................. 898 2. Labor-Management Cooperation .................................. 909 3. New Forms of Organization ......................................... 917 C. Assessing the ECA as a Model for US. Labor Law Reform .............................................................. -
The Carmichael Vision and Training Reform: Some Insights from Across the Tasman
Law & Piercy The Carmichael vision and training reform: Some insights from across the Tasman Michael Law and Gemma Piercy University of Waikato This paper provides insights into aspects of trans--Tasman union influences in the 1980s and early 1990s. In particular, it examines Laurie Carmichael’s influence on New Zealand unions, especially with respect to education and training reforms. The paper traces how his influence grew as the relationship between the AMWU and the NZEU warmed through the 1980s. It also highlights the very major impact Australia Reconstructed had on thinking in New Zealand as unions struggled to respond to neo- liberal policies and practices of the Fourth labour Government. The paper finds that the New Zealand reception of Australian ideas reflected, at least in part, the limitations o he left intellectual tradition in New Zealand.. Introduction and purpose This paper is one of a series that examines unions and education and training reform in New Zealand (eg Law, 1996; 1998; Piercy, 1999). The overarching purpose of our project is to track and analyse, from a labour studies perspective, trade union approaches to education and training reform since the mid-1980s. One important facet of the research has been an attempt to document and understand better Australian union influences on key New Zealand unions and unionists. The context, of course, has been New Zealand neo-liberal experiment (Kelsey, 1993; Jesson, 1989), In education, economic and social restructuring resulted in radical changes to both schooling and ‘post-compulsory’ education. This ideologically driven push for a consumer oriented, market approach to lifelong learning has challenged fundamentally the democratic assumptions that have characterised the welfare state educational settlement that most working people and their unions took for granted (Olssen and Morris Mathews, 1997).