Just vote no! Union–busting in the European fast–food industry: the case of McDonald’s

This paper examines the problem of effectively regulating the labour relations practices of multinational corporations. It focuses on the activities of the McDonald’s Corporation in a number of European countries. The findings suggest that public and private codes of conduct have a very limited effect and that determined and well–resourced corporations can not only undermine regional forms of regulation—such as that provided by the European Union—but also, and to a considerable extent, national–level regulation. This is particularly evident in the area of independent trade union representation. Although its aim of avoiding collective bargaining and union recognition wherever possible is only partially successful, McDonald’s appears to have developed a number of highly effective strategies for limiting the presence of trade unions at restaurant level, particularly in avoiding or undermining statutory works councils and union representation rights.     

Trade union recognition in Britain, 1995–2002: turning a corner?

This paper examines developments in union recognition in Britain between 1995–2002 and assesses the influence of the statutory provisions for gaining recognition contained in the Employment Relations Act 1999 . The paper details the significant increase in new agreements, concluding that the new law is one important factor explaining this growth. Analysis is made of the nature and circumstances of the new agreements. Finally, the paper considers whether these developments indicate the turning of a corner for trends in recognition coverage.     

The union response to employer-initiated drug testing programs

The testing of employees for drugs has become a major workplace issue in the late 1980s. By all accounts, many firms have implemented, or at least considered, some sort of drug screening program. While various experts have debated the importance and necessity of initiating such programs, there has been only limited investigation of the differences between union and nonunion workplaces in how such programs are initiated and administered. This article investigates some questions related to those differences. The first part examines the differences between union and nonunion workplaces and their implementation of drug screening programs. We present differences derived primarily from the fact that nonunion employers are constrained only by constitutional and statutory law in their introduction and implementation of drug screening programs. Unionized employers, on the other hand, are constrained by collective bargaining and the grievance resolution process. The second part of the article examines union responses to employer-initiated drug testing programs. The third part examines arbitration decisions on drug testing provisions in unionized workplaces. We outline the major areas in which arbitrators have rendered decisions, including definitions of behavior that could trigger reasonable suspicion testing and whether the employer has the right to unilaterally institute or expand drug testing programs.     

Statutory union recognition in the UK: a work in progress

The 1999 scheme for statutory union recognition has been criticised for being too complex, and for leaving important matters unclear, for doing too little for workers and unions and for requiring too much from employers. The similarity to the US system has also been criticised. There were fears that attempts to achieve statutory union recognition would redirect the energy of trade unions in the UK to fruitless limbs, forcing unions and employers into antagonistic litigation. Although some of these criticisms are tenable, legislation seldom satisfies all parties affected by it, and all new legislation is haunted by the spectre of unintended consequences. Nevertheless, the system of statutory union recognition adopted in the UK strikes a reasonable balance between the interests of the rival parties and appears to function efficiently and, for the most part, fairly.     

Union effects on pay levels in Britain

The contraction of union representation in Britain raises the question of whether or not unions still achieve a wage premium. Analysis of matched employer–employee data from the 1998 Workplace Employee Relations Survey shows that there is now no demonstrable premium for private sector workers in general. However, unions do achieve a wage premium of around 9% for about half of employees covered by collective bargaining arrangements. The effect of union bargaining spills over to other employees in the same workplaces. The paper identifies circumstances where union effects are strongest—employer endorsement of union membership, high collective bargaining coverage and multi-unionism.     

Facing ‘fairness at work’: union perception of employer opposition and response to union recognition

The introduction of statutory mechanisms by which unions can gain union recognition in Britain has stimulated employer activity to avoid and subvert union recognition campaigns. This article examines the nature and extent of such employer activities and how unions have responded.     

The Limits of Statutory Trade Union Recognition

The paper assesses the prospects for Britain's new statutory trade union recognition procedure in the light of empirical evidence concerning union derecognition practice in the 1990s. It draws on 15 cases of union derecognition across a broad spread of employment, matched with comparable cases where recognition was retained. Inter alia it was found that a move towards more cooperative workplace arrangements, associated with a ‘partnership’ model of industrial relations, was common to employers in both categories. Against this background, we argue that it is far from clear that the current legislative strategy, in focusing on statutory recognition, is the best way of promoting partnership at work.     

Third time lucky for statutory union recognition in the UK?

A third statutory trade union recognition procedure was introduced in the UK in 2000. This paper explores the scope for increased recognition, employers’ willingness to concede recognition, unions’ response to the procedure and, finally, the use of it so far. The paper concludes that, while the procedure may be sustainable in the long run, its direct impact on union membership and recognition may be minimal. The indirect effect, through voluntary recognition will be greater. But any reversal in union decline will ultimately be dependent upon successful union recruitment well beyond their conventional territories.     

A cool response to the ICE Regulations? Employer and trade union approaches to the new legal framework for information and consultation

One year on from the introduction of the Information and Consultation of Employees Regulations, this article reviews the emerging patterns of implementation in the light of the legislation’s ‘reflexive’ design. The available evidence suggests considerable employer‐led activity in terms of reviewing, modifying and introducing information and consultation arrangements but a relative paucity of formal ‘pre‐existing agreements’, despite the protection they offer against the Regulations’ statutory procedures being invoked by employees. This picture is consistent with a ‘risk assessment’ rather than a ‘compliance’ approach by management, facilitated by union ambivalence towards the legislation and low use of its provisions by employees.     

Integration of collective bargaining and formal worker participation processes: Boon or barrier to worker rights?

Many employers are extending workplace rights by allowing for more employee voice in decision making. Numerous unionized organizations have established formal worker participation processes to help achieve this end and to improve organizational performance. Based largely on theory, such processes are normally designed to operate independently from the bargaining process. The purpose of this study was to examine the relationship between participation and bargaining processes, and the effect of this relationship on workplace satisfaction. A total of 712 Midwest union officials were surveyed, and the results indicate that the processes tend to become integrated in the workplace. Further, union officials' workplace satisfaction was greater where formal worker participation is institutionalized within the bargaining process.     

British employer resistance to trade union recognition

Following the introduction of a statutory mechanism by which trade unions can gain recognition from employers, this article examines employers' attempts in Britain to resist campaigns for union recognition and to undermine newly granted recognition agreements. Using an array of primary and secondary sources, the extent and nature of these employer activities are documented. The article develops a revised schema, following Roy (1980), to help understand and interpret these anti‐union activities. While of significance in deterring and undermining new recognition agreements, these activities are found to represent a minority current in the overall response of employers to campaigns for union recognition.     

Union authorization card signatures and union certification election vote

One stage of the union organizing process involves the legal requirement that at least 30% of the employees in a potential bargaining unit express a desire for union representation by signing union authorization cards. Beyond the necessary legal requirement, do the data generated by card signing provide a potentially valuable source of information that may be useful to the union organizer in formulating campaign tactics? In addition, do authorization cards provide a sufficiently valid basis for establishing bargaining unit recognition as is the case in Canada? In order to explore these possibilities, the relationship between card signing behavior and certification vote in six union representation elections is examined. Although card signing and vote for certification are significantly related, overall results indicate that relying on union authorization card data as an indicator of vote at the individual level is questionable.     

Union exclusion—next steps

The Conservative Government has intensified its commitment to union exclusion policies: new legislation has been implemented and the state is being restructured. Parallel policies have been implemented by private employers. In consequence, collective bargaining has been devolved to subordinate unit level, and union recognition and membership has further declined.     

Union recognition in Britain's offshore oil and gas industry: implications of the Employment Relations Act 1999

The Employment Relations Act 1999 (ERA) has provided trade unions in the UK with new opportunities for achieving recognition. After a long history of anti‐unionism in the offshore oil and gas industry, employers have voluntarily ceded recognition to Trades Union Congress (TUC)‐affiliated trade unions. The legitimacy of this recognition process has been contested by the non‐TUC Offshore Industry Liaison Committee (OILC), an offshore workers’ union, seeking to act as a recognised bargaining agent. The ERA may be promoting ‘business friendly’ agreements at the expense of claims to recognition of other bargaining agents and of democratic employee choice.     

Flexible collective bargaining agreements: Still a moderating effect on works council behaviour?

We analyse the interaction between different labour market institutions in Germany, namely, industry‐level bargaining and firm‐level codetermination by works councils. In particular, we are interested in the moderating effect of flexibility measures on the link between the existence works councils and collective agreements on wages and productivity. In presence of institutional changes, the question is whether works councils in covered plants still generate rather than redistribute rents, given recent decentralisation processes in the German system of industrial relations. We augment a theoretical model to provide hypotheses, which are then tested using empirical analysis of representative German plant level data. We find that the existence of flexibility provisions in collective bargaining agreements does not alter the effect of works council on firms' wages. We find, however, that with flexibility provisions works council presence is associated with higher productivity levels than without such provisions. These findings, however, depend on the level of collective bargaining: they can only be observed in plants covered by industry‐level contracts, but do not hold in plants covered by firm‐level contracts.     

Law commentary case report

Two recent cases have shown that legislative provisions operating in the context of trade union membership rights do not give as extensive a protection as was thought to exist.     

The emergence of shop-floor trade union power in South Africa

This is the first of two papers dealing with the emergence of black shop floor union power and the changing structure of industrial relations in South Africa. This paper examines the evolution of black and white trade unions and their attitudes towards the officially sanctioned system of industrial relations. The observation is made that black unions are placing greater emphasis on shop-floor organization, leading to the development of an additional, but unofficial, tier in the negotiation structure in the form of work pi ace-level union recognition and bargaining.     

Ever larger unions: organisational restructuring and its impact on union confederations

Unions have responded to current membership decline and other organisational problems by restructuring via mergers, increasing union concentration within and across union confederations. A particular noted feature are amalgamations to form ‘super‐unions’. These conglomerate unions threaten to undermine the role played by confederations in respect of political voice, bargaining coordination, and service provision. Despite these mergers, union pluralism still prevails in many European countries with separate peak associations organised along employment/occupational status or political and religious lines. After comparing the recent merger waves and increased union concentration in western European countries, the consequences for union movements are discussed.     

Union recognition in Ireland: one step forward or two steps back?

In this paper a variety of union recognition procedures and their effect on union density levels in a number of countries are considered. The crucial importance of the national institutions that govern industrial relations are emphasised. While in Ireland, conditions such as social partnership and the buoyant economy of the 1990s would appear to favour union growth, the reverse has been the case. Recent legislation to establish more formal procedures for union recognition, we argue, is likely to be a dismal failure. Indeed, an unintended consequence of the Industrial Relations (Amendment) Act 2001 may be the exclusion of the union from the workplace and the legitimisation of a firm's non‐union status.     

Union recognition and partnership at work: a new legitimacy for Irish trade unions?

In the Irish context of national partnership and the promotion of workplace partnership at firm level, unions might be expected to have achieved, at least, a pragmatic acceptance by employers. Using a survey of full‐time union officials in eight trade unions organising in the private sector, this paper reports their experiences of recent recognition campaigns. Employer opposition appears to have intensified, and in a substantial percentage of cases has involved the victimisation of activists. In facilitating employees to make a free choice regarding union representation, the Codes of Practice and the Industrial Relations Amendment Act 2001 are regarded by the majority of officials as inadequate. A majority of officials favoured the introduction of a statutory right to recognition. Non‐union firms appear as ‘free riders’ that have enjoyed the benefits of national partnership but evaded the compromises and concessions that necessarily characterise such agreements. If left unchecked, the free‐rider phenomenon could undermine the institutional framework on which partnership is based.