Geographical indications in the UK after Brexit: An uncertain future?

The protection of geographical indications (‘GIs’) within the UK is placed into doubt by the UK’s withdrawal from the European Union (‘Brexit’). The default legal position is that after Brexit, there would be no legal provision for GIs in UK law. This default position can only be changed if the UK and the EU agree the terms of the UK’s withdrawal and then their future relationship. The article considers the implications of the draft withdrawal agreement which, inter alia ensures the continuing reciprocal protection of UK and EU GIs. In July 2019, a new UK Prime Minister took office, and renegotiated the draft withdrawal agreement, which retained the reciprocal protection of GIs. The ratification of this renegotiated withdrawal agreement depends on the result of the December 2019 general election. Under the withdrawal agreement GIs from outside the EU are not protected. Consequently, the article considers how UK GIs will continue to be protected in countries that have concluded a free trade agreement with the EU, by examining the rollover agreements that the UK Government are concluding around the world. Finally, given the intention of the UK Government that, post-Brexit, the UK will conclude free trade agreements with countries that have traditionally been reluctant to recognise GIs, such as the USA and Australia, the article examines the prospects for GI protection to be included in these agreements.     

European Works Councils and the Crisis: Change and Resistance in Cross‐Border Employee Representation at Honda and Toyota

The article analyses the effects of the financial and economic crisis on the structures and activities of the European Works Councils (EWCs) at Honda and Toyota, which until 2007–8 were categorized as non‐efficient representation bodies. A theoretical concept is introduced to measure activation and to analyse the factors explaining change/stability. In the empirical part, the EWCs are analysed using data from expert interviews. Both EWCs have undergone different activation ‘paths’, which partly lead to a restructuring of the bodies and the implementation of new co‐ordination processes. Yet the basic logic was retained because of cultural and power related aspects.     

Improving the effectiveness of nondisclosure agreements by strengthening concept learning

Intellectual property infringements rank among the top economic crimes, even though there are mechanisms in place to prevent their occurrence. One such mechanism are nondisclosure agreements, which, however, have been reported to fail in practice. This article argues that this may be overcome by strengthening employees’ concept learning. In an experiment, we investigated whether extended nondisclosure agreements, which provide the employee with detailed explanations and examples, lead to better recognition of trade secrets as compared to a standard nondisclosure agreement or no agreement at all. It was found that the extended nondisclosure agreement indeed increased participants’ ability to judge what falls under the trade secret law, whereas the standard nondisclosure agreement showed no such effect. Furthermore, the effects of the factors ‘Involvement’, ‘Specificity’, ‘Publicity’, and ‘Purpose’ on the identification of trade secrets could be proven experimentally. Employees’ judgments of whether an information represents a trade secret seem to rely on general cognitive processes. From this follows that concept learning could be integrated into systematic approaches for protecting intellectual property.     

‘Meet the New Boss … Same as the Old boss?’ Technology,toil and tension in the agrofuel frontier

Agrofuels are increasingly sourced and sold as a socially and environmentally beneficial solution to oil dependence. The promotion of sugar‐derived ethanol as a substitute for petroleum has thus been key to state development and international trade policies by Brazil and the European Union, respectively, and subsequent investment by leading energy and food transnational corporations has transformed socio‐spatial relations in the new sites of production. Brazilian rural worker testimonies, however, point to large‐scale labour exclusion rather than reform and a deepening, rather than disruption, of historic power inequalities in the sector. Labour contestation challenges a converging institutional discourse of responsible technological innovation and social upgrading associated with emerging commodity chains and the ‘green’ economy. Although corporate and statutory response has been market‐orientated certification and ‘more technology’ the idea of the ‘techno‐institutional fix’ provides a power relation‐attentive analysis that invites the further exploration of socially committed alternatives to food and energy production.     

Unions and Collective Bargaining in the Wake of the Great Recession: Evidence from Portugal

Against the backdrop of its industrial relations architecture, characteristic of the ‘southern European group’ and intimately linked to the recommendations of the Troika, this paper examines four key aspects of Portuguese collective bargaining. First, it provides definitive estimates of private sector union density for that nation. Second, it models the determinants of union density at firm level. Third, it yields estimates of the union wage gap for different ranges of union density. The final issue examined is contract coverage. The received notion that the pronounced reduction in the number of industry‐wide agreements and extension ordinances of late is to be equated with a fall in coverage is shown to be a chimera, the number of workers covered by new and existing agreements remaining largely unaffected by the economic crisis. The reduced frequency of new agreements and extensions is instead attributed to downward nominal wage rigidity in low‐inflation regimes.     

The Impact of Acquiring EU Status on the Earnings of East European Migrants in the UK: Evidence from a Quasi‐Natural Experiment

On 1 May 2004, 10 new states — including the ‘A8’ countries in Central and Eastern Europe — joined the European Union (EU). This article explores the impact of EU enlargement on A8 workers who were already working in the UK before 1 May 2004 — legally or illegally. More specifically, the article analyses the impact of the change in the legal (immigration) status that A8 workers experienced on 1 May 2004 on their earnings in the UK. The empirical analysis employs difference‐in‐difference estimation using data obtained from a relatively small but unique survey of migrant workers from four of the A8 countries (Poland, Czech Republic, Slovakia and Lithuania) and two other East European countries (Ukraine and Bulgaria), carried out one month before and six to eight months after EU enlargement in May 2004. The results of this exploratory analysis suggest a statistically significant and positive impact of acquiring EU status on earnings. The data further indicate that, in part, this effect was brought about by A8 workers gaining the right to freely change jobs after EU enlargement. There is no evidence of a ‘legalization effect’ on earnings.     

Social Capital and Union Revitalization: A Study of Worker Networks in the UK Audio‐Visual Industries

This article examines Jarley's contention that trade union revitalization is conditional upon the generation of social capital through the systematic creation of networks. It draws on a qualitative study of freelance workers in the UK audio‐visual industry to consider two propositions. The first, that ‘social capital within networks is forged on “bonds” that are conducive to trade union identity’ was not sustained by the data, which instead suggested that social capital is more likely to be generated by networks outside trade union structures. However, the data did support the second proposition that ‘trade unions can harness social capital in order to achieve concrete industrial relations outcomes’ by linking networks to reservoirs of expertise and influence.     

Bargained Equality: The Strengths and Weaknesses of Workplace Gender Equality Agreements and Plans in France

‘Bargained equality’ reflects wider characteristics of French employment relations whereby state‐driven collective bargaining is a major mode of regulation but is based on weak workplace bargaining cultures outside the largest firms. This article focuses on duties on French employers to bargain on gender equality. It presents findings of a project evaluating workplace agreements and plans on gender equality, based on a sample of 186 agreements submitted in 2014–2015, in 10 sectors, and in‐depth interviews in 20 companies. Despite a rise in formal compliance due to stronger enforcement since 2012, our analysis shows that most companies submitting plans or agreements do not systematically address quantitative measurement of pay or other gender gaps. As well as sectoral differences, the analysis also identifies ‘generational effects’: processes of change which occur as collective agreements expire and are replaced are dependent on local dynamics of bargaining. Based on this analysis, we argue that attention should be paid to the resources available to local bargaining actors, in order to promote an equality agenda.     

Addressing the Legitimacy Gap in the Israeli Corporatist Revival

Since the mid-1980s, Israel's labour law and industrial relations have transitioned from a Continental corporatist system to an Anglo-American pluralist system. The process has been characterized by greater fragmentation of the labour market and the system of interests' representation. However, in recent years, there have been several episodes of nationwide collective agreements and social pacts. These agreements resonate with a second generation of social corporatist bargaining that has been identified in some European countries. In this article, I question the legitimacy of the new agreements. The legitimacy gap evolves from the use of corporatist instruments against the backdrop of a pluralist system. I discuss the attempts to increase the legitimacy of the corporatist instruments, pointing to their limited success. Future attempts must consider solutions that track the hybrid nature of the industrial relations system and devise institutions that bring together the traditional corporatist social partners and the new pluralist agents. Of particular importance is the need to consider the role of the new associations in civil society that voice the interests of the growing segment of disadvantaged workers in the secondary labour market.     

False Self‐Employment,Autonomy and Regulating for Decent Work: Improving Working Conditions in the UK Stripping Industry

A large‐scale study of working conditions in UK‐based strip dancing clubs reveals that dancers are against de facto self‐employment as it is defined and practised by management, but in favour of de jure self‐employment that ensures sufficient levels of autonomy and control in the workplace. While dancers could potentially seek ‘worker’ or ‘employee’ status within the existing legal framework, their strong identification with the label ‘self‐employed’ and their desire for autonomy will likely inhibit these labour rights claims. We propose an alternative avenue for improving dancers’ working conditions, whereby self‐employed dancers articulate their grievances as a demand for decent work, pursued through licensing agreements between clubs and local authorities and facilitated by collective organization.     

The nature of partnering experience and the gains from alliances

We examine the conditions under which the prior partnering experience of firms contributes to value creation in their new alliances. We propose that prior experience with the same partners, that is, ‘partner‐specific experience,’ provides greater benefits than ‘general partnering experience’ that encompasses all prior alliances with any partner. We further explore some of the boundary conditions for the effects of partner‐specific experience. We suggest that the effect of partner‐specific experience on value creation in alliances is moderated by the extent to which the assets of the new partner differ from those of the firm's prior partners. We also propose that the firm's own technological and financial resources increase the benefits of partner‐specific experience. Finally, we predict that the value of partner‐specific experience will increase under high levels of firm‐specific uncertainty. We test these hypotheses with comprehensive longitudinal multi‐industry data on joint ventures formed among Fortune 300 firms between 1987 and 1996. Based on stock market returns to joint venture announcements, the results provide support for the contingent value of partnering experience. The implications for managing alliances and advancing organizational learning are discussed. Copyright © 2009 John Wiley & Sons, Ltd.     

Telling tales: online comic and gripe story‐sharing by service workers about difficult customers

The article extends previous research on the storying practices of service workers, workplace humour as resistance, and workers’ autonomous use of social media. Discussion strings from two hairstylist forum storylines, exemplifying comic and tragic story‐sharing about difficult customers, were analysed using Gabriel's notion of story‐work. Processes of coping, entertainment, identity‐construction and learning are clearly evident in the discussion strings and social media is confirmed as a ‘new’ terrain for the enactment of employee agency. Findings emphasize that service workers are engaged in contradictory and ambiguous relations of resistance and accommodation as they learn how to deal with difficult customers. The article's contribution is to show how service workers share their fears and anxieties about difficult customers through storying and humour in generative dialogical poietic processes in social media. Further research is suggested.     

‘I could be dead for two weeks and my boss would never know’: telework and the politics of representation

This article presents data from a qualitative study of teleworking consultants in a European firm. We examine the ‘gap’ between the utopian visions produced by the consultants for the benefit of clients and the tales of isolation, disconnection, disaffection and cynicism we observed when clients were not present. The study highlights the power and politics involved in the diffusion of popular images of technology‐enabled flexibility.     

Thinking strategically about thinking strategically: the computational structure and dynamics of managerial problem selection and formulation

A new model of managerial problem formulation is introduced and developed to answer the question: ‘What kinds of problems do strategic managers engage in solving and why?’ The article proposes that a key decision metric for choosing among alternative problem statements is the computational complexity of the solution algorithm of alternative statements. Managerial problem statements are grouped into two classes on the basis of their computational complexity: P‐type problems (canonically easy ones) and NP‐type problems (hard ones). The new model of managerial cognitive choice posits that managers prefer to engage with and solve P‐type problems over solving NP‐type problems. The model explains common patterns of managerial reasoning and decision making, including many documented ‘biases’ and simplifying heuristics, and points the way to new effects and novel empirical investigations of problem solving‐oriented thinking in strategic management and types of generic strategies, driven by predictions about the kinds of market‐ and industry‐level changes that managers will or will not respond to. Copyright © 2009 John Wiley & Sons, Ltd.     

Flexible Work and Immigration in Europe

Immigration has risen substantially in many European economies, with far‐reaching if still uncertain implications for labour markets and industrial relations. This article investigates such implications, focusing on employment flexibility, involving both ‘external flexibility’ (fixed‐term or temporary agency and/or involuntary part‐time work) and ‘internal flexibility’ (overtime and/or balancing‐time accounts). The article identifies reasons why immigration should generally increase the incidence of such flexibility, and why external flexibility should rise more than internal flexibility. The article supports these claims using a dataset of establishments in 16 European countries.     

In Unions We Trust! Analysing Confidence in Unions across Europe

Public institutions and trade unions in particular are often portrayed as facing a deep crisis. In order to better understand to what extent unions are still perceived as legitimate institutions from the society as a whole (working and non‐working individuals), we analyse the determinants of confidence in unions across 14 European countries between 1981 and 2009. Confidence in unions is explained through individual‐level variables (by a rational and an ideational mechanism) and contextual‐level factors (relevant economic and employment relations characteristics). Using data from the European Values Study (EVS) merged with contextual datasets, we develop a series of regression models to examine the main determinants of confidence in unions. We demonstrate that confidence in unions cannot only be traced back to the support from members and left‐wing oriented individuals but it is also related to non‐working individuals and vulnerable social groups, in particular when confronted with economic shocks. Our findings challenge both the ‘crisis of confidence’ in institutions and the ‘crisis of unionism’ narratives. Implications for union representation and organizing strategies are discussed.     

‘The Magnificent 7[am]?’ Work‐life articulation beyond the 9[am] to 5[pm] ‘norm’

This article focuses on the work‐life ‘balance’ challenges of those who work in organisations that operate beyond standard hours. The concept of work‐life articulation is utilised to examine the experiences and practicalities of attempting to reconcile the, often competing, demands of employment and family life. Qualitative research was conducted in two private sector businesses and one‐third sector organisation in the UK during the onset of the 2008 financial crisis. The findings reveal increasing competitive pressures, efficiency drives and work intensification. ‘Business needs’ are prioritised over care responsibilities, and in the private sector organisations there is declining flexible working with a reassertion of the management prerogative. This article contributes to current debates over work‐life ‘balance’ and highlights variable, changeable and unpredictable working time arrangements that permeate non‐standard hours, which creates additional complexities and challenges for family time schedules and routines.     

The Political Economy of Occupational Family Policies: Comparing Workplaces in Britain and Germany

With a shift in the political debate to more market‐driven social policy approaches during the past decade, politicians in a number of European countries have argued that employers should take on greater responsibilities in the provision of social policy. But why should employers get involved? After reviewing the relevant literature on firm‐level social policy, we analyse the conditions and causal pathways that lead to their provision. Our findings show that (i) the skill structure and level of the workforce are important conditions for firm‐level engagement; (ii) employers have usually been the ‘protagonists’; (iii) the role of unions has been more limited — in Germany they can largely be characterized as ‘consenters’, whereas in Britain, their impact is negligible; (iv) in accordance with the specific systems of industrial relations, the design in Germany very much follows the concept of social partnership; in Britain the design is usually based on unilateral management decisions; and (v) based on these conditions and causal pathways, ‘enclave social policy’ is the likely result of the expansionary policy development, although in Germany, these policies have the potential of becoming an element of ‘industrial citizenship’.     

‘Work always wins’: client colonisation,time management and the anxieties of connected freelancers

This article focuses on ‘connected freelancers’ as a category of teleworkers and examines the pressures placed on their work‐home balance by their relationship with clients. Based on diaries, questionnaires and interviews, it reveals that, while connected freelancers do not generally work excessively long hours, they do work irregular hours. This is because ‘work always wins’ in a conflict with domestic commitments, a phenomenon the article dubs ‘client colonisation’. Client colonisation was a source of anxiety for respondents, who found themselves continually thinking about the current and future projects on which their livelihoods depend. The article illustrates the porous ways in which they interleave work with non‐work activities and contrasts traditional ‘monochronic’ forms of work with emerging ‘polychronic’ forms, which erode work‐home boundaries. It concludes that a new model of work—one in which individual patterns of control over work‐home balance are paramount—already coexists alongside traditional models but is still insufficiently socially understood and accepted.     

Labour Market Governance and the Creation of Outsiders

Using case‐study data, the article examines the contention that protective labour market policies and trade union action are responsible for growing divisions between labour market ‘insiders and outsiders’. Case studies are reported on developments in collective bargaining in the hospitals and engineering sectors from seven western and central European countries. The article finds that managerial strategies, and interactions between management and unions, have to be considered to give a full account of the growth of precarious employment.