Accounting for the trend in trade union recognition in Ireland

Considerable controversy surrounds the issue of union recognition in Irish industrial relations. Academic commentators have sought to identify and explain the trend in recognition since the 1980s. Their arguments are examined and tested. No secular rise in non‐recognition is evident, and ‘individualisation’ and ‘union substitution’ are shown to add little to explaining the trend. No evidence is found that the trend reflects Irish employers pursuing union suppression and US‐employers pursuing union substitution. The significant development is a sharp rise in non‐recognition among new US employers. Their anti‐union animus does not, however, appear to be coupled with any distinctive or generalised union avoidance strategy.     

Employer responses to union organising: patterns and effects

This article presents original research on employer responses to trade union organising campaigns in the United Kingdom. The evidence indicates that there is no single response, with employers in some cases seeking to block and in others support union activity. These different patterns are strongly path dependent and reflect the prior degree of exposure to trade unionism of workplaces targeted for organising. Another finding is that employer responses co-vary with union approaches to organising, such that when the employer adopts adversarial tactics so does the union. The militancy of both parties, it seems, is mutually reinforcing. Finally, the evidence points to substantial influence of employer responses over the outcomes of organising. When employers are supportive then campaigns tend to be more successful, measured on a range of criteria. When the employer is hostile unions find it difficult to make progress and encounter particular difficulties in securing recognition.     

Achieving a new equilibrium? The stability of cooperative employer–union relationships

The current popularity of ‘partnership’ in workplace industrial relations raises the question of the durability of such arrangements. This article investigates the stability of cooperative employer–union relationships by means of case studies. It analyses perceptions of the experience of negotiation and consultation. Continuing net benefits are reported both by managers and by union representatives in workplaces where cooperative relationships are robust. The benefits come primarily from the informal consultative processes and levels of trust that are engendered. Nonetheless, parties to the relationship, however robust they were, faced substantial challenges to their efforts to diffuse and sustain cooperative working. It is concluded that cooperative relationships are likely to be stable where employers wish to maintain an independent employee voice, especially where workplace union density remains relatively high.     

The Changing Relations of Production: Union Derecognition in the UK Magazine Industry

This article examines the motives and strategies of employers in implementing derecognition, the union response to this, and effect on wages and conditions, union-management relations and union membership and organisation. In particular the author analyses the circumstances in which a large number of employers have chosen such a ‘radical’ method to re-order the employment relationship.     

Work, Free Will and Law

American law conceptualizes work as an exercise of free will, as a choice rather than as a right. Work law is dominated by a freedom of contract analysis in which occupations, jobs, union representation, working conditions, and exit are seen as freely chosen. New Deal-era regulatory regimes are undermined by the pervasive influence of the work-as-free-will framework. Vast spheres of worker activity that benefit employers yet occur within the coercive context of an employment regime in which jobs are a choice and a privilege rather than a right are left unregulated. Worker agency is reduced as workers conform their aspirations, expectations and demands for workplace justice to the confines of the job as defined by the employer. Few question the prevailing meaning of work as freedom because it is consonant with our cultural commitment to the American Dream—but we should.     

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.     

Barriers to cross‐border trade union cooperation in Europe: the case of the graphical workers

This paper is concerned with exploring the barriers to cross‐border trade union cooperation among graphical workers in Europe. Highlighting the increasing globalisation of graphical multinationals, the paper illustrates that graphical unions cannot restrict their activities to developments within national boundaries. As such it highlights some of the obstacles that unions face in attempting to instigate transnational cooperation strategies. These obstacles include: the role of employers, the prevailing practices of the unions, employee reticence, the role of the law and resource constraints. It concludes by stressing the continuing need to strengthen cross‐border trade union networks with the ability to impose effective sanctions against the unbridled growth of multinational power.     

Union suppression and union substitution strategies of multinational enterprises in Ghana

This article complements the literature by furthering the understanding of an ‘African dimension’ of multinational enterprise (MNE) union avoidance. The evidence suggests that MNEs engaged in both union suppression and union substitution strategies by (i) exploiting young employees' apathy to promote opposition and indifference for union organisation (evil stuff), (ii) implementing union member‐centred employee retrenchment (fear stuff), (iii) using enterprise‐level collective bargaining arrangement to suppress union bargaining power (fear and fatal stuff), (iv) exploiting the fragmented labour union environment to suppress union organisation (fatal and evil stuff) and (v) promoting individual employee voice and involvement mechanisms (sweet stuff). Although MNEs in Ghana engaged in both union suppression and union substitution strategies, they appear to particularly favour the adoption of ‘union suppression’ strategies and what might be termed as ‘corridor tactics’. Our article highlights four transitional issues underpinning the emerging success of ‘corridor tactics’ in union suppression in a less developed host country.     

Union organising and Full‐time Officers: acquiescence and resistance

In the mid‐1990s, the TUC relaunched itself with a strategy for renewal labelled ‘new unionism’. The strategy had two strands: partnership with employers and the promotion among affiliate unions of grassroots union organising. The latter, heavily influenced by US and Australian experience, saw possibilities for a more radical trade unionism in the UK. This article draws on a case study of Unison to analyse the organising strand of new unionism. It identifies how top‐down approaches to organising are distorted by union bureaucracy for the priority of recruitment, not only limiting the possibility of emerging union radicalisation but also restricting the ability of trade unions to represent their members. The article also identifies that the position of union Full‐time Officers is complex and not necessarily within a uniform union bureaucracy juxtaposed to and restraining a more radical union rank and file.     

The practice of collective bargaining in the private sector in Quebec (Canada): the changing ‘rules of the game’

Drawing on 45 semi‐structured interviews with union negotiators active in the Quebec private sector, this article shows that local bargaining practices, despite their plurality, have tended to change following major trends. It also reveals, more fundamentally, a redefinition of the ‘rules of the game’. The transformation and stability of these social rules, which are much more focused on the needs of employers, have tended to weaken collective bargaining as a tool for industrial democracy.     

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.     

Employer opposition and union avoidance in the UK

This paper presents empirical evidence about the shape and pattern of non–union employer strategies to remain union free. The data are collected from seven case studies across different industrial sectors and organisational sizes in Britain. Following a brief critique of typologies of union avoidance, the evidence suggests the ‘configuration’ of anti–union approaches involves an uneven and at times contradictory interaction of context–specific variables. Three mutually inclusive factors that influence employer behaviour are identified: structural, ideological and cultural dimensions. It is argued that these represent a deeper understanding of employer hostility towards unions than existing employment relationship classifications. The utility of non–union typologies and the prospects for union mobilisation are considered in the light of these findings.     

Unions and the adoption of high-performance work systems in Korea: moderating roles of firms' competitive strategies

An unresolved question about the relationship between union representation and the adoption of high-performance work systems (HPWSs) is which factors affect the roles of unions toward the HPWS adoption. Using data from a 2009 multi-industry survey of 301 Korean firms, the author empirically examines the impacts of unions on the adoption of HPWSs. From the strategic choice perspective, he focuses on the roles of firms’ competitive strategies regarding the unions’ behaviors toward the use of HPWSs. The results indicate that Korean unions are negatively associated with the adoption of HPWSs when employers choose to implement more comprehensive HPWSs. Evidence suggests, however, that employers’ differentiation strategies moderate the union's negative impacts even when the employers comprehensively use the HPWSs. It implies that the differentiation strategy is a key factor to resolve the conflicts between unions and employers concerning the adoption of HPWSs.     

Law commentary: discrimination in union influenced employment recruitment

This article examines union influenced employers’ recruitment practices in the light of a recent Court of Appeal case. It argues that unions need to acknowledge traditional practices can, even unintentionally, be racist and sexist and that in order to defend union influence, those practices must change.     

Discipline,representation and dispute resolution—exploring the role of trade unions and employee companions in workplace discipline

This article reports findings that suggest that trade union representation both protects worker interest and also facilitates the informal resolution of disciplinary disputes. However, this is dependent on robust representative structures and high‐trust relationships with employers. Conversely, non‐union companions were found to have no substantive impact on disciplinary processes and outcomes.     

Employee representation and partnership in the non‐union sector: a paradox of intention?

Non‐union forms of employee representation have become increasingly prominent in UK workplaces in the last 15 years. In addition, partnership working has been encouraged by New Labour, the Chartered Institute of Personnel and Development, the Confederation of British Industry and the TUC as a route to higher commitment and higher individual and organisational performance. These trends have been further encouraged by recent European Union legislation. This article seeks to examine the implied linkages between non‐union employee representative mechanisms and partnership working and their influence on the effectiveness of employee voice as a conduit of high performance. The article is based on a case study organisation from within the UK finance sector, and data are drawn from semi‐structured interviews with managers and staff and a survey of employee attitudes. The article concludes that employers’ attempts to utilise a non‐union partnership framework for organisational gain are severely constrained by structural limitations on effective employee voice.     

When trade unions turn to litigation: ‘getting all the ducks in a row’

Driven by their members' demands and the need to adopt more combative legal strategies in order to oppose the deterioration of working and employment conditions, British trade unions have developed in‐house legal expertise and supported many individual and multiple claims. This article investigates the variation in unions' legal practices and examines their organisational responses to law and the role of compliance professionals in the regulation of employment litigation. It provides a nuanced account of the influence of legal rationality on the framing of union strategies and shows that, under certain conditions, trade unions are able to build multi‐pronged tactics by using litigation as a complement to other forms of action.     

Socialising employees’ trust in the organisation: an exploration of apprentices’ socialisation in two highly trusted companies

We present here our investigation into how corporate employers deliberately seek to foster and build employees’ trust in the organisation through socialisation tactics. Interestingly enough, such deliberate development of employees’ trust in the organisation has hitherto rarely been addressed in academic research. Using qualitative case study research methods, we have closely observed the trust socialisation process experienced by entrant employees, namely apprentices in two separate and highly trusted German companies. Our findings are consistent with former trust socialisation research in that they indicate the importance of high levels of perceived organisational support and of a convincing communication of organisational values and principles. However, our research emphasises further aspects of trust socialisation, such as psychological empowerment, the efficacy of formal organisational rules and especially sensegiving activities.     

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.     

Is There a Winning Formula for Union Organizing?

Between 1995 and 2004, Kate Bronfenbrenner wrote several studies arguing that union organizing would be more successful if certain tactics were used. Bronfenbrenner’s methodology seemed unassailable and her opinions were influential among union leaders, but organizing outcomes did not improve. To understand why, this study asked highly successful union organizers for their views. Their responses point to an entirely different conceptualization of the organizing process. Rather than follow a certain recipe, respondents saw their first priority as building relationships of trust with workers. Then, organizers and workers together could develop tactics tailored to the particular situation. If organizing success most requires relation-building skills and creativity, then it is more important for unions to hire the right organizers than to employ a given tactical formula.