Syndicalsm and Radical Unionism Darlington, RR
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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. -
Trade Unions at Work
Publications and further information The TUC publishes a wide range of reports, leaflets, books and DVDs. We also produce a downloadable educational resource pack for schools and youth organisations, A Better Way to Work, to help young people prepare for the world of work. We have an extensive website at www.tuc.org.uk. This contains press statements, campaign news, policy briefings, statistical information and publications for sale. Register online for free email news updates matching your areas of interest. Reprint of revised edition May 2010 4K Design: Eureka! Print: College Hill Press ISBN 978 1 85006 862 4 Contact details: Trades Union Congress Congress House Great Russell Street London WC1B 3LS Tel: 020 7636 4030 Fax: 020 7636 0632 www.tuc.org.uk If you do not belong to a union and want to know which Trade unions one to join, phone the TUC ‘Join a Union’ line on: 0870 600 4882 at work Calls are charged at the national rate. Front cover photo: For more information about the TUC’s different activities what they are and what they do try one of our websites: John Harris/reportdigital.co.uk www.tuc.org.uk (main site) www.worksmart.org.uk (help and advice for everyone at work) www.unionlearn.org.uk (for learners and learning reps) www.unionhistory.info (TUC archives online) Printed on a FSC Certified Product Including a guide to the Trades Union Congress Contents Introduction 03 Introduction: The world of work the world of work 04 Section 1: Unions today 12 Section 2: The TUC 22 Glossary Work dominates modern life. -
Trade Unions and the Capitalist State.Pdf
,/ ~· InzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAparticular, texts such as Th~rborn:s, l/7ha/ b Dou /he Rllling Clan DokjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA Unfortunately there has been a tradicional failure amongst Marxists to Ir,mlll UII/U?, and Poul~tzas , S/a/e, POllJer, JOCla/IJIII, expllcltly con- :..:".r-'~~~- address the relationship between trade unionism and the state in a 't"""." rJj; cáhed tfiemselves with tracing and delineating the changing patterns , - I ~ rigorous dialectical fashion. Therborn's valuable perception, for ..,'.~.~<~ of bourgeois-democratic rule In \Ore ff1ollop·6!y==capinrtistera:! The ¡/ 1 instance, that as a collective mass organization, 'the labour movement \ \ si~f1íficantchanges were broadly seen to entail : a s_hiftin the lo¿us 0L isorganized in a fundamentally different way from the state bureaucracyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA dccision-rnakinp from parliament ro the techno:ratic/exec~tive appar- l or a capitalist firm,' was not carried over to examine the contradietions , --l:> atus of tfie state¡ the fus!on of tIle stafeat ~Ievel wHh the top that arise when trade-union represent¡1tives)oin state personnel and echelons of ca )italis..!_s~rise¡ and the gener:1Qre:úilllg...do.wn of the capitalist management in 'institutionahzed Joint bodles' .• For his <7 public-prizate boundaries hat previously characterized bourgeois part,-Poulantzas made httle attempt to clarify the slgnificance of his e de/riocracy. It glrt ese observations, taken in themselves, were by passing observation that ' "reformist" trade unions are now directly no means new, either within or withour the Marxisr problematic, their inserted in the (state) administrative structure'v! Particularly in Iight: systematic location within a Marxist theory of the state was much to be applaudcd. -
Socialist Planning
Socialist Planning Socialist planning played an enormous role in the economic and political history of the twentieth century. Beginning in the USSR it spread round the world. It influenced economic institutions and economic policy in countries as varied as Bulgaria, USA, China, Japan, India, Poland and France. How did it work? What were its weaknesses and strengths? What is its legacy for the twenty-first century? Now in its third edition, this textbook is fully updated to cover the findings of the period since the collapse of the USSR. It provides an overview of socialist planning, explains the underlying theory and its limitations, looks at its implementation in various sectors of the economy, and places developments in their historical context. A new chap- ter analyses how planning worked in the defence–industry complex. This book is an ideal text for undergraduate and graduate students taking courses in comparative economic systems and twentieth-century economic history. michael ellman is Emeritus Professor in the Faculty of Economics and Business, University of Amsterdam, Netherlands. He is the author, co- author and editor of numerous books and articles on the Soviet and Russian economies, on transition economics, and on Soviet economic and political history. In 1998, he was awarded the Kondratieff prize for his ‘contributions to the development of the social sciences’. Downloaded from Cambridge Books Online by IP 128.122.253.212 on Sat Jan 10 18:08:28 GMT 2015. http://ebooks.cambridge.org/ebook.jsf?bid=CBO9781139871341 Cambridge Books Online © Cambridge University Press, 2015 Downloaded from Cambridge Books Online by IP 128.122.253.212 on Sat Jan 10 18:08:28 GMT 2015. -
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. -
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. -
DSA's Options and the Socialist International DSA Internationalism
DSA’s Options and the Socialist International DSA Internationalism Committee April 2017 At the last national convention DSA committed itself to holding an organizational discussion on its relationship to the Socialist International leading up to the 2017 convention. The structure of this mandatory discussion was left to DSA’s internationalism committee. The following sheet contains information on the Socialist International, DSA’s involvement with it, the options facing DSA, and arguments in favor of downgrading to observer status and withdrawing completely. A. History of the Socialist International and DSA The Socialist International (SI) has its political and intellectual origins in the nineteenth century socialist movement. Its predecessors were the First International (1864-1876), of which Karl Marx was a leader, and the Second International (1889-1916). In the period of the Second International, the great socialist parties of Europe (particularly the British Labour Party, German Social Democratic Party, and the French Section of the Workers International) formed and became major electoral forces in their countries, advancing ideologies heavily influenced by Marx and political programs calling for the abolition of capitalism and the creation of new systems of worker democracy. The Second International collapsed when nearly all of its member parties, breaking their promise not to go to war against other working people, rallied to their respective governments in the First World War. The Socialist Party of America (SPA)—DSA’s predecessor—was one of the very few member parties to oppose the war. Many of the factions that opposed the war and supported the Bolshevik Revolution came together to form the Communist International in 1919, which over the course of the 1920s became dominated by Moscow and by the 1930s had become a tool of Soviet foreign policy and a purveyor of Stalinist orthodoxy. -
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. -
Precarious Work and Human Rights
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations 8 Rampe du Pont Rouge, Petit Lancy, CH-1213 Geneva, Switzerland Tel : +41 22 793 22 33 ; Fax : +41 22 793 22 38 ; e-mail :[email protected]; www.iuf.org Precarious Work: Undermining Human Rights Any meaningful investigation of the relationship between business and human rights must address the rights impact of the accelerating dissolution of what the ILO and others refer to as the "standard employment relationship" (i.e. direct, permanent employment) and the rise of precarious work. This note does not attempt to account for the role of institutions like the World Bank and the OECD in pushing for even more precarious work relations, rewarding and rating countries for their efforts to abolish direct employment. Agriculture, which still has the world's largest work force, is almost entirely built on precarious labour, and there is a vital connection between this and the fact that agricultural workers who help to feed the world are often among the most food insecure. The relationship between poverty and deepening inequality, and the growth of precarious work in rich and poor countries alike, has been well documented. The purpose here is to highlight a phenomenon which has not received the attention it requires, i.e. the increasingly widespread use of indirect, precarious employment relations to weaken trade union organization and bargaining power. It is in this context that precarious work emerges as a fundamental human rights issue demanding a strong response rooted in a comprehensive human rights framework. The ILO defines the standard employment relationship in these terms: The traditional pattern of the employment relationship, or standard employment relationship, has for many years been that of full time work, under a contract of employment for unlimited duration, with a single employer, and protected against unjustified dismissal. -
The Politics of Privatisation and Trade Union Mobilisation: the Electricity Industry in the UK and Argentina
Ghigliani, Pablo The Politics of privatisation and trade union mobilisation: The Electricity industry in the UK and Argentina Ghigliani, P (2010). The Politics of privatisation and trade union mobilisation : The Electricity industry in the UK and Argentina. Bern : Peter Lang. (Trade unions past, present and future ; 3). En Memoria Académica. Disponible en: http://www.memoria.fahce.unlp.edu.ar/libros/pm.646/pm.646.pdf Información adicional en www.memoria.fahce.unlp.edu.ar Esta obra está bajo una Licencia Creative Commons Atribución-NoComercial-CompartirIgual 4.0 Internacional https://creativecommons.org/licenses/by-nc-sa/4.0/ To Mariana, who knows why; to Catalina and Teresa, who will; and to Tecla, who won’t. Contents List of Tables ix List of Abbreviations xi Chapter One Introduction 1 Chapter twO Developing the Analytical Framework 7 Chapter three Research Strategies and Methodologies 29 Chapter fOur Privatisation as Counter-Mobilisation 45 Chapter five The Driving-forces of Privatisation in the UK and Argentina 63 Chapter six Comparative Industrial Relations and Mobilisation Theory 75 Chapter seven The Anti-Privatisation Campaigns in the Light of Mobilisation Theory 95 viii Chapter eight List of Tables The Forms of Counter-Mobilisation: The Politics of Money 137 Chapter nine Privatisation and Collective Bargaining 169 Table 1 Detail of Case-Studies 35 Chapter ten Table 2 Distribution of Interviews among Trade Unions 37 Organisational Change, Leadership Styles and Decision-Making 207 Table 3 Main Primary Sources 39 Chapter eleven Table -
19 Deregulation and Attacks Against Collective Bargaining Have
global worker | special report Text: Jenny Holdcroft Deregulation and attacks against collective bargaining have contributed to a huge rise in global inequality. Harnessing union power for achieving industry level agreements is crucial in the fight for living wages and against precarious work. 1 19 global worker | special report Industry bargaining under attack Market fundamentalism, that destructive ideology which still dominates policy A typical pair of jeans made making despite its role in causing the in Bangladesh retails for global economic crisis, remains the major driver of labour market deregulation and anywhere between US$30 decentralization of collective bargaining. and US$50, or more for These policies have led directly to the a prestige brand. But the decrease in collective bargaining coverage, and the consequent increase in income worker who makes them only inequality. receives 10 cents. A 2013 report by the European Commission found that bargaining with multiple employers was the best guarantee to Portugal and other European countries of broad bargaining coverage. It also found in economic difficulty. In May 2014, a overwhelming evidence of a trend towards report by the European Foundation for decentralization of collective bargaining, the Improvement of Living and Working beginning in the 1980s and accelerating Conditions (Eurofound) found that in during the economic crisis. the countries hardest hit by the crisis (Greece, Portugal, Ireland and Spain) the decentralization of collective bargaining 2 was accelerated. Massive declines in collective bargaining Today the world’s richest one per cent coverage have been witnessed in the UK, own 50 per cent of the world’s wealth. Australia and New Zealand where right- Staggeringly, the richest 85 people in the wing governments introduced legislation world possess the same amount of wealth designed to curb union power by as the world’s poorest 50 per cent.