Country Examples

Canada Basic legal structures modeled on U.S. labor law – Exclusive representation – Majority rule – Administrative agency – Written, fixed term contracts – Grievance and arbitration procedures Most provinces require grievance arbitration Levels of government – Provinces regulate collective bargaining at facilities within the provinces except interprovincial industries – Federal jurisdiction regulates such industries as airlines, telecommunications, railroads, etc.

Canada (cont.) Differences – Determination of Majority status – only four provinces require a vote, rest use other evidence (cards, dues, etc.) – Minimal judicial review in Canada – No mandatory-permissive distinction – Third party involvement in dispute resolution Mandatory mediation or conciliation in all jurisdictions First contract arbitration (8 jurisdictions) – Striker replacement restrictions Four jurisdictions, including the three largest provinces (British Columbia, Ontario, Quebec)

Japan Recognition-Related Issues – Right to union membership a constitutional guarantee – Union must be formed by workers Independent has as a purpose improvement of working conditions Must be a formal organization or part of one – Tripartite Labor Relations Commission certifies union legitimacy – If legitimate, er must recognize union for its members – exclusive representation if 75% of ees in workplace covered by CBA – No ee right to refrain from union activity Bargaining – Broad scope of bargaining – Er need not agree to a provision with a minority union that is inconsistent with provision with majority union – In practice, bargaining in Japan occurs simultaneously in Spring (shunto) Labor Disputes – Strikes legal but tend to be short (few hours or days) – Only defensive lockouts permitted – Legal disputes resolved by tripartite Labor Relations Commissions in the prefecture (state)

France Freedom of Association guaranteed in constitution, including rights to create and join unions Recognition in France highly centralized – Called “ representativeness ” Determined by history or union, independence from employers Representation rights legally granted to five union confederations and affiliates if they represent one employee Principle of extension means CB coverage high, even when union membership low – Representative union has right to request contract extension to sector Greater value placed on union countervailing power than on employee choice

United Kingdom Through mid-2000, purely voluntary recognition Since mid-2000, a statutory recognition procedure through Employment Relations Act (ERA) of 1999 – union may refer disputed recognition matter to a tripartite Central Arbitration Committee (CAC) Unit Recognition or ballot – CAC has adopted a specified bargaining method to be used if parties unable to agree on one Joint Negotiating Body consisting of equal no. of union and er reps Negotiations shall address pay,hours, and holidays A detailed multi-step procedure with time limits for proposals and responses Question as to whether the ERA will survive a conservative government

Germany Peak labor organization, DGB, brings order to union recognition – DGB assigns specific unions to specific industries Union represents workers if only one worker a union member – Union negotiates TCE with employer or industry/regional employers’ association – Characteristics of unions Democratic Voluntary assoc. of ees Adequate financial resources Must be able to pursue industrial action Collective Bargaining between industry unions and employers’ association – Types of agreements Wages Framework – everything but wages – May by law be extended to other employers in industry or region

Spain Right to freedom of association and join a union in constitution – Right to manage below freedom of association – Consistent with international treaties, including ILO conventions Supported by Organic Law of Trade Union Freedom (OLTUF) Recognition – Union receives privileges at 15% members – Unions represent workers at workplace and in works councils

Ireland Recognition – company would not be obliged formally to recognise the union(s) concerned – Ers compelled to accept the right of unionised employees to be represented on issues relating to pay and terms and conditions of employment accept binding Labour Court recommendations in respect of these issues. In effect, it is something of an "arms' length" solution that would appear to be acceptable to both sides Negotiations/Bargaining – Social partners develop national pay agreements Extended to union sector only

10 Collective Bargaining and EU No EU-Level collective bargaining legislation – EU Charter requires members to protect freedom of association and collective bargaining

11 Social Partners – Treaty of Amsterdam (1997 ) Article 137 – A Member State may entrust management and labour, at their joint request, with the implementation of (social policy) directives adopted pursuant to paragraphs 2 and 3. Article 138 – 1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. – 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. – 3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.

European Union Corporatist/Social Partnership Model 12

Latin American Examples Mexico – Unions linked to Revolutionary Institutional Party (PRI) – Mutual support of party/government and unions Venezuela – Venezuela Workers Federation had links to both major parties Government negotiates with labor organization laws covering govt. interventaion in such matters as strike approval and settlement of disputes

Models of Collective Bargaining in Labor Law Centralized System Union Recognition – Germany, France Encourages unionization and collective bargaining Indifferent to Employee Choice Decentralized System Union Recognition – United States, Canada, United Kingdom, Japan Encourages employee choice Indifferent to collective bargaining

Australia For most of 20 th century, had developed an extensive system of (interest/contract) arbitration to determine terms and conditions of employment – State and federal (50-50) – Often used pre-determined guidelines – Roughly 80% of workforce covered by tribunal arbitration awards Actors – Australian Council of Trade Unions became a lobbying entity in the tribunal system – Employer Associations: Australian Industry Group, ACCI, BCA

Australia (cont.) Since 1996, a shift away from centralized arbitration awards to enterprise-level bargaining Workplace Relations Act of 1996 (conservative govt.) – At federal level – Unions and Management Collective bargaining Awards or certified agreement – Management Nonunion CB certified agreements Nonunion individual bargaining certified agreements

Australia (cont.) State Level (25% of full-time employees) – Need not follow federal level Victoria (2 nd largest, 25% of ees) – abolished mandatory arbitration in 1993 – Ceded IR authority to federal government in 1996 – New South Wales (largest, 33% of ees), Queensland, Western Australia, Tasmania basically retained old arbitration system

Latin American Systems History of state- or party-linked unions Unions historically were political actors rather than economic actors Developing countries and legacy of import substitution policy Created “corporatist” structures – “corporatism” a system in which one entity is given the legal franchise to “represent” a legally defined constituency at the national/political level National peak labor organization (like AFL-CIO/Change to Win) – represent all workers Employer Organization – represents all employers

Latin American Examples Mexico – Peak organizations linked to PRI Venezuela – Peak organizations linked to both political parties Negotiate labor laws on governmental intervention in labor disputes, strikes, etc. Social/political actor role continues to be important

India Highly regulated due to British colonial influence – Minimize industrial disputes – Ensure wartime production Recogntion – Union registration required – Er recognition not required Economic power at the enterprise level Industrial Disputes – Government may intervene Conciliation Adjudication

Summary Countries that are developing or that have developed since WWII generally have high levels of state intervention – Union involvement in political system Government role in economic development