Side by Side We Battle Onward? Representing Workers in Contemporary America

As collective bargaining in the United States declines, diverse forms of worker representation are proliferating. Strategic dilemmas of representation are central to the diverse organizations and coalitions representing disparate aspects of workers' interests. Unions continue to bargain collectively, while forming alliances with other groups and providing an array of services to members. Other organizations and loose associations represent specific aspects of workers' interests and advocate on their behalf while stopping short of collective bargaining. This article compares the scope, objectives and methods of worker representation by unions and non‐bargaining actors. It argues that the key dilemmas of which workers to represent, over what issues and through which organizational forms, apply both to unions and to non‐bargaining actors, such as community organizations, and advocacy groups, which represent select interests of particular workers. These non‐bargaining actors are key strategic allies for unions. While these organizations do not take on collective bargaining, they are sometimes better positioned to represent other key needs and interests of workers. The legal‐political and mutual insurance needs of workers are sometimes well met by these emergent groups. However, these organizations do not, and cannot, provide the advantages of traditional collective bargaining.     

Community Organizing and Employee Representation

The decline in the scope and power of American unions has led to a search for new strategies and new organizational forms to better succeed in representing the interests of employees in the labour market. This paper examines the role of community‐based organizations of the sort that proved so powerful during the Civil Rights Movement. The subject of the paper is a strong national network of community organizations that is neighbourhood‐based and draws heavily on churches and other community institutions. The organizations are put together in neighbourhoods, yet they also wield power at the city and state levels. The paper describes the organizations and examines and assesses their labour market policies. The second part of the paper takes up organizational issues and, in particular, describes how the structure and culture of these organizations enable them to avoid some of the organizational perils that have befallen unions and other social movement organizations. The paper concludes by comparing these organizations with traditional unions and by discussing their prospects for growth as well as their limitations.     

Negotiating ‘Difference’: Representing Disabled Employees in the British Workplace

Drawing on qualitative interviews with disabled employees, union officers and disability‐related organizations, this article examines employee attempts to negotiate workplace adjustments and associated issues of workplace representation. UK employment law utilizes an individual medical model of disability, which conflicts with traditional collective approaches favoured by trade unions, which has implications for disabled employees and union representation. We explore the different strategies available to unions and conclude that, despite the role played by disability‐related organizations in supporting employees, unions are the only workplace actors who are capable of reconfiguring the ‘personal as political’ and integrating disability concerns into wider organizational agendas.     

Union Presence and Labour Productivity in British Manufacturing Industry. A Reply to Nolan and Marginson

Evidence on the association between union presence and labour productivity in British manufacturing industry is surveyed. The weight of the evidence suggests that around 1980 highly unionized organizations had a lower level of labour productivity than corresponding less highly unionized organizations, but that during the first half of the 1980s unionized work-places, firms and industries had superior productivity growth to their less unionized counterparts. Various criticisms made by Nolan and Marginson of earlier studies on unions and productivity are evaluated.     

Will Unionism Prosper in Cyberspace? The Promise of the Internet for Employee Organization

The low cost of information, communication, and interaction on the web offers trade unions opportunities to improve services and attract members, and thus reinvent themselves for the twenty–first century. The authors argue that unions can use the web to: develop virtual minority unions at many non–union firms; improve services to members; enhance democracy in unions; aid in industrial disputes; and strengthen the international labour community. They conclude that, if unions fail to exploit the opportunities on the web to gain members, other organizations are likely to provide services to workers on the internet.     

Strength in Networks: Employment Rights Organizations and the Problem of Co‐Ordination

In recent decades, alternative organizations and movements —‘quasi‐unions’— have emerged to fill gaps in the US system of representation caused by union decline. We examine the record of quasi‐unions and find that although they have sometimes helped workers who lack other means of representation, they have significant limitations and are unlikely to replace unions as the primary means of representation. But networks, consisting of sets of diverse actors including unions and quasi‐unions, are more promising. They have already shown power in specific campaigns, but they have yet to do so for more sustained strategies. By looking at analogous cases, we identify institutional bases for sustained networks, including shared information platforms, behavioural norms, common mission and governance mechanisms that go well beyond what now exists in labour alliances and campaigns. There are substantial resistances to these network institutions because of the history of fragmentation and autonomy among both unions and quasi‐unions; yet we also identify positive potential for network formation.     

UK Unions,Collective Action and the Cost Disease

This article looks at the financial resources of trade unions in the UK. The core argument is that trade unions are subject to ‘cost disease’ pressures such that costs rise over the long term above the general level of inflation. They have this property because of the difficulty in solving first- and second-order collective action problems. First-order problems refer to the problems of initiating collective action and second-order problems refer to the management of collective action organizations. Both UK aggregate and case-study data — from one of the largest UK unions, Unite — are presented to illustrate the cost disease problem and to suggest options for its management. In conclusion, the wider implications of ‘cost disease’ pressures for unions are assessed.     

Peering into the Black Hole: The Downside of the New Employment Relations in the UK

Using a national sample of 1,000 employees, this paper examines the proposition that those working in so-called 'black hole' organizations (i.e. where there is neither a set of progressive HRM practices nor a recognized trade union) will report more negative attitudes and work experiences than those in settings where there is either HRM, a trade union presence or both. The results lend some support to this hypothesis with respect to job satisfaction and organizational commitment and in judgements about experiences of fairness of treatment and trust in management. However, the most negative views about employment relations are reported by those who belong to a union in workplaces with little HRM. The findings indicate that it is HRM practices rather than trade union membership that have the major impact on attitudes and experiences. Even in black hole organizations some employees report satisfaction. This can be largely explained by a positive psychological contract between individual and organization. The implications for the role of trade unions in the promotion of fairness at work are discussed.     

Globalization, Financial Crisis, and Industrial Relations: The Case of South Korea

The South Korean case shows that the globalization trend in the 1990s and the 1997–1998 financial crisis had two contrasting effects on labor rights. First, these developments resulted in negative labor market outcomes: increased unemployment, greater use of contingent workers, and widened income inequalities. On the other hand, they led international organizations such as the Organization for Economic Co-operation and Development (OECD) and the International Labor Organization (ILO) to play important roles in improving labor standards in Korea. Also, continued restructuring drives prompted unions to merge into industrial unions and wage strikes with increased frequency and intensity. Contrary to the common belief, the Korean case shows that globalization and intensified competition resulted in stronger and strategic responses from labor by stimulating employees' interest in and reliance on trade unionism.     

Changes in Wage-setting Arrangements and Trade Union Presence in the 1980s

In this paper we detail the results of a retrospective survey of changes in trade union and wage-setting arrangements in the 1980s for a sample of 558 UK companies. Our key findings are as follows. (1) Complete derecognition of unions in a firm was rare even in firms with low trade union density. (2) Partial derecognition in multi-plant firms was more common. Some 13 per cent of companies with recognized unions in 1984 had had at least partial derecognition by 1990. (3) Large falls in trade union density within a firm have also been rare, though small but observable declines have been commonplace. (4) The coverage of the closed shop has substantially declined, and this decline has been most marked in the last five years. Around one-quarter of firms with recognized unions in 1990, however, still had closed-shop arrangement for at least part of their work-force. (5) There has been no clear decline in the prevalence of multi-unionism or multiple bargaining units. (6) There has been a significant move away from national/industry-wide bargaining, towards negotiations at the individual company or more often the establishment level. (7) In the absence of collective bargaining there have been clear moves away from wage-setting by formal external links, such as wages councils and multi-employer agreements, and even away from worker consultation towards more managerial discretion. (8) In deciding wage settlements, managers are increasingly influenced by company performance and less by multi-employer wage settlements.     

Professional Negotiations in Education

I have identified three pure types of employed professional relationships: (1) the general employed professional model, (2) the ideal academic professional model, and (3) the professional union model. Experience with these models, in particular a review of the California approach to professional negotiations in public education, leads to a forecast that organizations of professional employees—both those which call themselves unions and those which do not—will increasingly take their ideology and their rhetoric from the general employed professional model, their goals and status aspirations from the academic model, and their tactics from the union model. In brief, they will do their best to look and sound like professional societies, but, if necessary, will act more like unions.     

Chinese Trade Unions in the Transition from Socialism: Towards Corporatism or Civil Society?

The article explores the changing role of China's trade unions in the era of post-Mao economic reform in the light of two alternative scenarios of organizational evolution—corporatism and civil society. Using interviews and survey materials as well as documentary evidence, it concludes that the increasing complexity of the Chinese economy and the tensions it is producing are creating an associational universe of workers' organizations which is diverse and volatile, embodying elements of both scenarios. In such a context, corporatist industrial relations will be difficult to establish and maintain and it is likely that, in relations between unions and the party-state, the principles of corporatist inclusion and free association will come into increasing conflict.     

Peak Union Campaigning: Fighting for Rights at Work in Australia

Many peak unions are in crisis, their traditional reliance on economic or political exchange with employers and the state undermined through falling union membership and the collapse of national bargaining systems. New methods, chiefly as agents of mobilization, and new sources of power, including community organizations, are often advanced as solutions. In Australia, where trade unions faced a fundamental and immediate threat from a national government after an election in 2004, the ‘Your Rights at Work’ campaign signalled a shift in peak union strategy. Although this campaign unseated the government in 2007, its legacy is unclear: reviving the power of peak unions and conceptualizing the means to do so remain difficult.     

Is this workplace bullying? How ideas about conflict shape conflict management strategies

The adoption of specific conflict management strategies has usually been linked to various factors, such as litigation avoidance, union substitution and the pursuit of strategic benefits. This study advances the hypothesis that actors’ different frames of reference impact how workplace conflicts are interpreted and managed by unions and employers. Drawing on original data from the Brazilian banking sector, this article shows that companies and unions have different interpretations of workplace bullying. Unions understand workplace bullying as an organizational or sectoral problem inherent to labour relations in the banking sector. In contrast, employers see workplace bullying as a problem caused by individual managers. These different understandings of the same type of conflict are shaped by each actor's frame of reference and influence their responses to workplace bullying. With a pluralist or critical frame of reference, unions favour conflict management tools that try to promote structural changes in the sector. With a unitarist frame of reference, employers try to transform individual behaviour or simply remove individual managers from the workplace. Therefore, organizations with a unitarist frame interpret and respond to conflicts in notably different ways from organizations holding a pluralist or critical frame of reference.     

Union Recognition and Paid Holiday Entitlement

This paper investigates the impact of unions in Britain on employees' entitlements to paid holidays. Theory suggests that longer holidays may be negotiated through collective than through individual bargaining. Data from the UK Quarterly Labour Force Survey are used to estimate the 'gap' between the paid holiday entitlements of workers with and without recognized unions. The results indicate that unions have a substantial impact on paid holiday entitlement. This paper also shows that the European Union Directive on Working Time may affect the holidays of about one and a quarter million workers.     

The Political Effects of Accounting Normalization on Trade Unions: An Analysis of Financial Transparency Reform in France

The law of 20 August 2008 reformed the representativeness of French unions by imposing an obligation for ‘financial transparency’. Building on exploratory research, we address the question of the organizational and political effects of the new regulation, which point to a traditional debate in union democracy studies: how do administrative and representative rationalities combine within trade union organizations? Drawing on interviews with union leaders and finance officers at various levels in three major labour confederations (CGT, CFDT and CGT‐FO), we describe the different ways unionists have received the new accounting requirements and translated them into organizational practices and norms. Going beyond the traditional theses of compatibility and colonization, we make use of the body of work in critical legal and management studies to develop an endogenous approach of the relationships between trade unions and accounting management.     

“Not Fissures but Moments of Crises that Can Be Overcome”: Building a Relational Organizing Culture in Community Organizations and Trade Unions

Community organizations and trade unions rely to a certain extent on a committed membership to be effective. It can be difficult, however, to build solidarity when there are diverse members with competing interests and this can lead to internal conflicts. Based on participant observation and interviews, this article examines how membership organizations have been able to maintain an active grassroots base and overcome internal crises through the development of a relational organizing culture.     

International Framework Agreements: A New Model for Securing Workers Rights?

A rapidly growing number of international unions are signing international framework agreements with multinational enterprises (MNEs), securing their commitment to respect fundamental workers' rights. This article explores the agreement between the global banana giant Chiquita and the Latin-American Coordination of Banana Workers Unions (COLSIBA) signed in 2001. The study shows how the banana unions employed innovative tactics of regional coordination and of alliances with nongovernmental organizations in the major consumer markets. Fieldwork on the implementation of the agreement further reveals an overall poor use of the agreement potential but also how the agreement was used as leverage for local organizing activities. This article argues that such international agreements show a promising way to defend and advance workers rights within MNEs, creating space for union organizing, collective bargaining, and social dialogue.     

Experience with Company Unions and their Treatment under the Wagner Act: A Four Frames of Reference Analysis

This paper reexamines American experience with company unions (also known as nonunion employee representation plans) before they were banned by the Wagner Act (1935). For the half‐century following the passage of the act, labor historians and industrial relations scholars painted a bleak portrait of company unions as anti‐union sham organizations. Since the 1980s, additional research has documented a more positive side; similarly, concern has grown that the Wagner Act's ban is stifling legitimate employee participation programs. This paper brings new theoretical and empirical evidence to both historical and legal parts of this debate, including examination of company unions through individualist, unitarist, pluralist, and radical frames; demonstration that the pluralists’ view of company unions was more diverse and positive than conventionally portrayed; presentation of new historical evidence and testimony on the company union experience; and a substantially revisionist assessment of the merits of the Wagner Act's ban. In particular, the conclusion is that, given any reasonable weighting of the four frames, the company union ban is overly restrictive and should be modified so companies can implement the positive side of nonunion employee committees but not the negative. The paper ends by noting that the unbalanced and narrowly critical treatment of company unions in the mainline industrial relations tradition is a case study of the field's perhaps fatal post–World War II core intellectual‐normative contradiction—professed inclusiveness of all frames of employment relations but, in practice, attention to and preference for a narrow union‐centric version of one frame.