Collective Bargaining and Collective Action: Labour Agency and Governance in the 21st Century? (Oñati International Series in Law and Society)

Présentation de l'éditeur : "This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed." Acknowledgement Contents Editor and Contributors Introduction Modes of Collective Action in Defence of Solidarity Collective Action as Agency in a Multilevel Context Collective Action and Inclusionary Governance PART I: MODES OF COLLECTIVE ACTION AND SOLIDARITY 1. Labour Law in the Age of Populism: Towards Sustainable Democratic Engagement I. The Politics of Populism II. Anti-totalitarianism, Populism and the Politics of Labour Law III. Labour Law Populism Within the Nation-state IV. Opposing Labour Law Populism Beyond the Nation-state V. Reclaiming the Pluralistic Constitution: a Manifesto for Sustainable Democratic Engagement 2. Modes of Collective Action: Judicialisation as a Form of Protest I. Unions and Protest: Judicialisation as a Mode of Collective Action II. Multilevel Activism as Unions' Agency III. Tentative Conclusions for Debate 3. Collective Bargaining and Right to Strike: New Challenges I. Introduction II. Social Conflict at the Heart of the Industrial Relations System III. The Construction of the Strike-right Models According to Their Relations with Collective Bargaining IV. Collective Bargaining and Resolution of Labour Disputes V. Alternative Systems for Conflict Resolution and the Right to Strike: Consensus Versus Dissent VI. Transformation of Collective Bargaining and Flexibilisation of the Framework of Working Conditions VII. Transformations of Collective Bargaining and Impact on the Exercise of the Right to Strike VIII. Conclusions Bibliography 4. Connecting the Dots: Coordination in Decentralised Trade Union Organising I. Introduction II. Coordination: Objectives and Means III. The Hybridisation of the Israeli Industrial Relations System: The Challenge Posed by Decentralisation IV. Connecting the Dots: The Study of Enterprise Bargaining in Four Sectors V. Conclusion: Inserting Coordination in Decentralised Bargaining 5. Unions and On-demand Work in the United States I. Working Time Struggles in American Labour History II. Current Controversies Over Working Time III. Addressing the Problems of Flexible Workers IV. Conclusion PART II: COLLECTIVE ACTION AND MULTI-LEVEL AGENCY 6. Exploring Multi-Level Collective Bargaining: Transnational Legal Frameworks that Promote Worker Agency I. Introduction II. Problems for Worker Agency in Domestic Labour Markets: Employment and Immigration Status III. Existing Extra-Legal Mechanisms for Transnational Solidarity IV. The Significance of Transnational Law for Worker Agency V. Conclusion Bibliography 7. Trade Unions' Action for Refugees and Asylum Seekers: Mapping the Process to Agency I. Work and War-to-Peace Transitions II. From Refugees to Citizens: Unions as Engine of Change III. Collective Action for Refugees and the Eruption of a Collective Consciousness IV. Unions' Local Strategies: Shaping Recognition of Refugees' Agency V. Unions and Refugees: Heterogeneous Levels of Protection Bibliography 8. European Works Councils and the Convergence of National Collective Bargaining Processes I. The EWCS in the Context of the EU Directives on Informing and Consulting Workers II. The Fragmented EWC Legal Framework Across National Realities III. The EWC as a Source of Convergence for National Collective Bargaining Processes: The Potential of the Agency of Labour IV. The Disruptive Role of EWCS Throughout the Convergence of Collective Bargaining Processes Bibliography PART III: COLLECTIVE ACTION AND INCLUSIVE GOVERNANCE 9. Autonomous Collective Bargaining in Sweden under Pressure I. Introduction II. The Swedish Labour Law and Industrial Relations System and Functions and Regulation of Collective Bargaining III. Swedish Collective Bargaining, European Integration and Posting of Workers IV. Swedish Collective Bargaining and Labour Market Inclusion of Specific Groups of Workers V. Concluding Remarks 10. Collective Bargaining on Social Protection in the Context of Welfare State Retrenchment: The Case of Unemployment Insurance I. Unemployment Insurance and Recent Trends in Collective Bargaining on Social Protection II. The French Case as a System of Collectively Bargained Unemployment Insurance III. The Swedish Case: Collective Agreements as One of Different Aspects of Collectivisation IV. 'Repairing' Retrenchment in Unemployment Insurance in the Netherlands V. Fragmented Contractual Welfare and Supplementing Active Labour Market Policies: The Italian Case VI. Collectivisation of Unemployment Protection: Collective Bargaining Between Tripartism and Vertical Demutualisation Bibliography Index Présentation de l'éditeur : "This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed." "This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures, and collective bargaining itself. As the distinguished group of participating authors show, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators - and other key actors - makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel underrepresented by existing institutions have contributed to new types of protest and 'agency'. Building on classic debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, broadly construed"---Bloomsbury Publishing. "This book offers a unique contribution that examines major recent changes in conflict, negotiation, and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures, and collective bargaining itself. As the distinguished group of participating authors show, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators - and other key actors - makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel underrepresented by existing institutions have contributed to new types of protest and 'agency'. Building on classic debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, broadly construed"-- Provided by publisher