Social Movement Unionism and the UE
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Reconciling Collective Bargaining with Employee Supervision of Management
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 137 NOVEMBER 1988 No. 1 ARTICLES RECONCILING COLLECTIVE BARGAINING WITH EMPLOYEE SUPERVISION OF MANAGEMENT MICHAEL C. HARPERt I. INTRODUCTION A. The Challenge of Industrial Democracy The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Tech- nological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this t Professor of Law, Boston University. The author wishes to thank participants in faculty workshops at Boston University and Northeastern University law schools, as well as Thomas Kohler, for their comments on an earlier draft of this Article. I also wish to thank Lori Bauer for her research assistance. I I See M. WEBER, THE THEORY OF SOCIAL AND ECONOMIC ORGANIZATION 245-48 (T. Parsons ed. 1947). 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 137:1 condition.' Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about eco- nomic production as well as governmental authority. This Article contributes to thought about such institutions by inte- grating two potentially conflicting strategies to mitigate modern hierar- chical -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Revolutionary Syndicalist Opposition to the First World War: A
Re-evaluating syndicalist opposition to the First World War Darlington, RR http://dx.doi.org/10.1080/0023656X.2012.731834 Title Re-evaluating syndicalist opposition to the First World War Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/19226/ Published Date 2012 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. Re-evaluating Syndicalist Opposition to the First World War Abstract It has been argued that support for the First World War by the important French syndicalist organisation, the Confédération Générale du Travail (CGT) has tended to obscure the fact that other national syndicalist organisations remained faithful to their professed workers’ internationalism: on this basis syndicalists beyond France, more than any other ideological persuasion within the organised trade union movement in immediate pre-war and wartime Europe, can be seen to have constituted an authentic movement of opposition to the war in their refusal to subordinate class interests to those of the state, to endorse policies of ‘defencism’ of the ‘national interest’ and to abandon the rhetoric of class conflict. This article, which attempts to contribute to a much neglected comparative historiography of the international syndicalist movement, re-evaluates the syndicalist response across a broad geographical field of canvas (embracing France, Italy, Spain, Ireland, Britain and America) to reveal a rather more nuanced, ambiguous and uneven picture. -
Bay Area Apprenticeship Guidebook
Alameda • Contra Costa • Marin • Napa • San Fransisco • San Mateo • Santa Clara • Solano Bay Area Construction Apprenticeship Guidebook Bay Area Construction Apprenticeship Guidebook View online at www.ctwi-btca.org Produced by Construction Trades Workforce Initiative, with the generous support and collaboration of many organizations and individuals. We would especially like to thank the many union apprenticeship coordinators and training directors across the region who contributed information and reviewed content, as well as pre-apprenticeship leaders who prepared materials for their organizations’ profiles. Key Partners Alameda County Building Contra Costa Napa-Solano & Construction Trades Building & Construction Building & Construction Council Trades Council Trades Council Bay Area Oakland Apprenticeship Coordinators Workforce Development Association Board Special thanks to Jon Bersche and the City of Seattle for providing the model for this project, and for so graciously granting permission to adapt some of their materials. On the Cover Juju Ruiz is a union sheet metal apprentice currently working on installing ductwork for the new BART headquarters near Lake Merritt in Oakland. Although she loved the idea of working in construction, she was unsure about how to pursue this career path. After enrolling and graduating from Rising Sun Center for Opportunity’s all-female MC3 pre-apprenticeship program, Women Building the Bay, Juju felt prepared to enter the construction trades. Now, she feels empowered as a mother and career woman to support her family doing work that she is passionate about. Dear Valued Community Members, Far too many people in the Bay Area are unaware of career opportunities in the union construction trades. As the non-profit partner of the Building and Construction Trades Councils in Alameda, Contra Costa, Napa and Solano counties, Construction Trades Workforce Initiative (CTWI) is the regional leader in bridging the gap between organized labor and community stakeholders. -
The Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J
Hofstra Labor and Employment Law Journal Volume 16 | Issue 1 Article 1 1998 Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J. Van Bourg Ellyn Moscowitz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Van Bourg, Victor J. and Moscowitz, Ellyn (1998) "Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace," Hofstra Labor and Employment Law Journal: Vol. 16: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol16/iss1/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Van Bourg and Moscowitz: Salting the Mines: the Legal and Political Implications of Placin HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL Volume 16, No. 1 Fall 1998 ARTICLES SALTING THE MINES: THE LEGAL AND POLITICAL IMPLICATIONS OF PLACING PAID UNION ORGANIZERS IN THE EMPLOYER'S WORKPLACE* Victor J. Van Bourg** Ellyn Moscowitz*** Mr. Chairman .... Thank you for Mr. Chairman, I rise to strongly the opportunity to speak today. I oppose H.R. 3246, mistakenly am here to discuss the serious called the Fairness for Small Busi- * This article was made possible, in part, by a summer research grant from Chapman Uni- versity School of Law, while Ellyn Moscowitz was an Associate Professor of Law there. -
Revitalization Strategy of Labor Movements
<Abstract> Revitalization Strategy of Labor Movements Korea Labour & Society Institute 1. The stagnation of trade union movement is an international phenomenon. The acceleration of globalization and technological innovation, the expanding predominance of service industries in the economies of advanced industrialised countries and the concomitant shifts in the composition of employment, and the deepening of neoliberal policy climate in the context of economic slow-down, which have prevailed since the 1980s, have all contributed to the stagnation of trade union movement in most countries across the world. This phenomenon has been captured through such indicators as the decline in union density, the weakening of political and social influence, and decentralisation of collective bargaining have been, among others. The trade union movements in different countries have, however, since 1990s, developed and undertaken a variety of "revitalisation"strategies to wake out of the stagnation. The specific shape of the revitalisation strategy were informed by the specific nature of the challenge the unions faced, the characteristics of the industrial relations system in which the unions were constituted, and the historical identity individual trade union movement espoused. However, organising efforts, internal innovation, social partnership, strengthening of political campaign activities, and extension of solidarity with civil society and community networks have featured as common components in most of the varied strategies. The evidence of these common initiatives points to the existence of some common challenge that courses through the country-specific situations the trade union movements in different countries have found themselves in. This study examines the strategic responses of the trade unions in the selected countries have undertaken in the face of the challenges faced by the international labour movement. -
Negotiating the Crisis? Collective Bargaining in Europe During the Economic Downturn
Working Paper No. 10 International Labour Office Geneva Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner Maarten Keune With support from the European Union March 2010 Industrial and Employment Relations Department (DIALOGUE) Working Paper No. 10 Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner and Maarten Keune Industrial and Employment Relations Department International Labour Office • Geneva March 2010 Copyright © International Labour Organization 2010 First published 2010 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected]], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470; email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. __________________________________________________________________________________________ ILO Cataloguing in Publication Data Glassner, Vera; Keune, Maarten Negotiating the crisis? collective bargaining in Europe during the economic downturn / Vera Glassner and Maarten Keune ; International Labour Office. - Geneva: ILO, 2010 1 v. -
A Century of Struggle
A Century of Struggle To mark the 100th anniversary of the formation of the American Federation of Labor, the National Museum of American History of the Smithsonian Institution invited a group of scholars and practitioners "to examine the work, technology, and culture of industrial America . " The conference was produced in cooperation with the American Federation of Labor and Congress of Industrial Organizations . The excerpts on the following pages are drawn from papers and comments at that conference, in the Museum's Carmichael Auditorium, November IS and 16, 1986. Mary Kay Rieg, Olivia G. Amiss, and Marsha Domzalski of the Monthly Labor Review provided editorial assistance. Trade unions mirror society in conflict between collectivism and individualism A duality common to many institutions runs through the American labor movement and has marked its shifting fortunes from the post-Civil War period to the present ALICE KESSLER-HARRIS ideology of American trade unions as they developed in Two competing ideas run through the labor movement, as and post-Civil War period. It also tells us something of their they have run through the American past. The first is the the The conglomeration of unions that formed the Na- notion of community-the sense that liberty is nurtured in impact . Union and the 15,000 assemblies of the an informal political environment where the voluntary and tional Labor of Labor responded to the onslaught of industrial- collective enterprise of people with common interests con- Knights the Civil War by searching for ways to reestablish tributes to the solution of problems . Best characterized by ism after of interest that was threatened by a new and the town meeting, collective solutions are echoed in the the community organization of work. -
Working to Contract and Working to Rule
UCU dispute 2011 Working to contract and working to rule Guidance for UCU branches and members Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters. -
In the Matter of United States of America BEFORE the FEDERAL
United States of America BEFORE THE FEDERAL SERVICE IMPASSES PANEL In the Matter of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTER FOR DISEASE CONTROL AND PREVENTION, ATLANTA, GA And Case No. 19 FSIP 056 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2883 ❑ECISION AND ORDER This case, filed by the U.S. Department of Health and Human Services, Center for Disease Control and Prevention, Atlanta, Ga.(Agency or Management) on July 2, 2019, concerns a dispute over 3 articles in the parties' successor collective-bargaining agreement(CBA) and was filed pursuant to 5 U.S.C. §7119 of the Federal Service Labor-Management Relations Statute. The American Federation of Government Employees, Local 2883(Union) represents approximately 350 employees in medical and non-medical positions. The mission of the Agency is to protect public health and safety through the control and prevention of disease, injury, and disability in the United States and internationally. The American Federation of Government Employees, Local 2883(Union) represents approximately 2,000 bargaining-unit employees in a variety of positions at the Agency's Atlanta and Miami facilities. The parties are signatory to a collective bargaining agreement(CBA) that expired on July 17, 2017. The agreement rolls over on an annual basis. The Federal Service Impasses Panel (Panel) asserted jurisdiction over this dispute in the manner discussed below. BARGAINING AND PROCEDURAL HISTORY The parties had seven weeks of bilateral negotiations between October 2017 and November 2018. They received the assistance of the Federal Mediation and Conciliation Services(FMCS) for 3 days in January 2019. During this time, the Union alleged that five of Management's articles contained permissive topics of negotiations that the Union had no obligation to bargain over. -
Strategy, Meta-Strategy and Anti-Capitalist Activism
Socialist Studies: the Journal of the Society for Socialist Studies 6(1) Spring 2010: 45-64 Copyright © 2010 The Author(s) ARTICLE The Limitations of Global Social Movement Unionism as an Emancipatory Labour Strategy in Majority World Countries ZIA RAHMAN and TOM LANGFORD Department of Sociology, University of Dhaka. Dhaka, Bangladesh Department of Sociology, University of Calgary. Calgary Alberta, Canada. Abstract This study assesses the applicability of Peter Waterman’s model of global social movement unionism as an emancipatory labour strategy in Bangladesh, an important site for the manufacture of ready-made garments in the neo-liberal era. Our main conclusions are that Waterman’s North Atlanticist model fails to comprehend the present-day necessities and struggles of the Bangladesh working class; ignores the impacts of colonialism, militarism and imperialism on Bangladesh’s socio-economic development and labour movement; and privileges democratic dialogue as a means of action when militant collective mobilization has been shown to be the only effective way to get action on workers’ issues in countries like Bangladesh. Our recommendation is for Waterman and others to abandon the quest for a universal model of progressive labour unionism and instead come up with a variety of models that apply to different typical patterns of socio-economic and labour movement development in the globalized world. Tom Langford is a political sociologist employed by the University of Calgary. He is currently researching how the closing of the underground coal mines affected society and politics in the Crowsnest Pass in the 1950s and 1960s. His book, Alberta's Day Care Controversy: From 1908 to 2009--and Beyond, is forthcoming from AU Press in Edmonton. -
The Framework of Democracy in Union Government
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 1982 The Framework of Democracy in Union Government Roger C. Hartley The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Labor and Employment Law Commons, and the Law and Politics Commons Recommended Citation Roger C. Hartley, The Framework of Democracy in Union Government, 32 CATH. U. L. REV. 13 (1982). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE FRAMEWORK OF DEMOCRACY IN UNION GOVERNMENT* Roger C. Hartley** TABLE OF CONTENTS I. Introduction ................................................. 15 II. Broad Contours of the Framework .......................... 18 A. The Dual Union Governments .......................... 18 B. Causes of Doctrinal Fragmentation ...................... 20 III. Unions' Assigned Societal Functions ......................... 26 A. The Roots of Ambivalence .............................. 26 1. English and Colonial American Historical and Legal Precedent ............................................ 26 2. Competing Values Raised in the Conspiracy Trials 28 B. Subsequent Forces Conditioning the Right to Assert G roup Interests ......................................... 30 1. Informal Worker Control of Group Conduct ......... 31 2. The Development of Business Unionism ............. 32 a. Worker Political Movements ..................... 32 b. Cooperative Movements .......................... 32 c. The Ascendancy of the Union Movement ........ 33 3. Recognition of the Need for Unions as a Countervailing Force ................................ 34 a. Emergence of Corporate Power .................