1
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2
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3
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- Theoretical frameworks of IRHRM
- Canadian IRHRM ‑ similarities with and differences from USA
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4
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- Themes of British IRHRM
- Contexts
- Ideology
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5
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- Voluntarism
- Self‑reliant trade union movement relying on collective
bargaining
- Tradition of minimal government intervention
- Dramatic shift away from voluntaristic approach
- Impact of European Union
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6
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- Political Context
- Population
- Form of Government
- Constitutional Monarchy
- Parliamentary Democracy
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7
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- Parliamentary Democracy
- In effect ‑ system is almost unicameral
- Parties
- Conservative ‑ Tory
- Labour
- Liberal Democrats
- Independent parties & factions based in Scotland and N. Ireland
- Few of the checks and balances familiar to Americans
- Stability
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8
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- Party Percentage Seats
- Labour 35% 356
- Conservative 32% 197
- Liberal Dems 22% 62
- Other 11% 31
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9
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- Modern industrial economy
- Highly industrialized
- High productivity and standards of living
- Britain as a trading nation
- Much more open economy than the USA
- No substantial agricultural exports but does produce most of its own
food
- Resources
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10
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- Background
- Industrial Revolution ‑ 1760
- Dominated 19th Century World Economy
- Post World War II
- Living standards improved steadily to mid‑1970's
- Loss of exploitable colonial possessions
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11
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- Conservative government relied on restrictive monetary and fiscal
policies to combat inflation
- 2005 unemployment rate 4.7%
- Taxation and Government spending
- Highest percentage of part-time workers in the course (2004)
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12
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- Consistency
- Over‑all Society
- Labor and Management
- Substantial differences in policy areas
- Since 19th century labor movement constitutional in orientation
- Traditionally both disliked compulsory government intervention
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13
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- Historical Development of British Unionism
- Modern British Union Movement
- Trades Union Congress
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14
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15
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16
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- Constitutional Monarchy and Parliamentary Democracy
- Technologically advanced
- Poor relative economic performance for early post‑war period
- Ideologically as stable as anywhere in the world
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17
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- Historical Development of Unionism
- Modern Trade Union Movement
- Operation of the TUC
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18
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- Origins
- 1st evidence of attempt at permanent organization 1387
- Real beginnings of unions as permanent and important organizations in
mid‑18th century
- Trades Union Congress
- Founded 1868
- Function initially political
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19
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- 1880's dominant union creed changed
- 20th Century
- By 1920 unskilled and general workers 30% of unionists
- May 1926 General Strike
- Rapid growth of unions from mid 1950's into late 1970s
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20
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- Extent
- 2004 unions 26% of labor force ‑ peak 55% 1979
- Public sector most highly organized part of economy
- Dramatic decline in number of unions by merger and amalgamation
continues with some quite large unions
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21
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- Structure
- Almost no pure craft or industrial unions
- Largest unions traditionally general
- TUC
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22
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- Limited funds
- Officers
- Few full‑time
- Large group of shop stewards
- Focus on bargaining
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23
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- Traditionally
- Inside work place, stewards represent only members of their own unions
- In large workplace, stewards elect chief steward
- Reflected multi-unionism in many cases
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24
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- Little formal authority over affiliates
- Principal function is to act as spokesman with government
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25
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- Labour Party
- Employer Organization for IRHRM
- Government Organization for IRHRM
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26
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27
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28
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- First among skilled and later unskilled
- Unions grew up to 1979 and have declined to about 26% since
- Very limited financial and personnel resources
- Structure and Functions of TUC
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29
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- Worker Organizations – the Labour Party
- Labor political involvement – other parties
- Employer Organization for IRHRM
- Government Organization for IRHRM
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30
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- Origins
- Party developed from several attempts beginning in 1887
- Until 1919 only unions could affiliate
- Party leader since 1994 - Tony Blair
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31
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- The Labour Party and the Unions
- Unions used to dominate party mechanisms
- Unions dominated Party finances
- 1990s Party changed to "one member one vote"
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32
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- No organic link between the TUC & the Labour Party
- Labour came to power in 1974 on the basis of explicit understandings
with the TUC - "The Social Contract"
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33
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- Blair and TUC Convention
- Labor and Employment Legislation
- Labour Government and Strikes
- Iraq War has created further real strains with the unions
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34
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- Conservatives
- The Communist Party
- Significant minority of union officials are party members especially
stewards
- Not much evidence Communist shop stewards behave differently from other
militant shop stewards
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35
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- Employer Associations ‑ origins 1800s
- More employer cooperation than in U.S. or Canada
- Traditionally employers joined industry associations
- Legal advice to members and lobbying Parliament
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36
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- The Confederation of British Industry
- CBI formed in 1965
- Focus on IR and HR issues
- CBI doesn't bargain and has little formal authority over its
affiliates
- Institute of Directors
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37
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- Traditional Government Approach
- Limited intervention in industrial relations
- Most intervention has been by the courts applying general principles of
civil or criminal law
- Other specific intervention (i.e. legislation) was largely designed to
created immunities or protection for unions from the judicial system
- Government began to take a more active interest around 1970
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38
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- Advisory Conciliation and Arbitration Service
- Central Arbitration Committee
- Government as Employer
- Traditionally much more important than in USA
- In 1980s and 90s all nationalized industries and most public utilities
sold off
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39
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- History of British Public Policy on IRHRM
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40
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41
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- Reading for next class
- Paper Reminder
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42
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- Contexts
- Parliamentary Democracy
- Technologically Advanced
- Relatively poor economic performance
- Trade Union Movement and Labour Party
- Employer and Government Organization for IRHRM
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43
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- History of British Public Policy on IRHRM
- 1970s – the Rise of Legal Intervention into Unionism and Collective
Bargaining
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44
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- Various legal impediments to union activity
- Masters and Servants Act
- "The Document
- Most serious obstacles to unions, bargaining and striking removed by
legislation of 1875‑76
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45
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- Public Policy through the 1930's
- Trade Disputes Act of 1906 said employers couldn't sue unions for
damages
- Trade Union Act of 1913 made union political activities legal
- Emergence of free collective bargaining and government restraint in the
post- World War I period
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46
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- Arbitration system during World War II
- Replaced with a new arbitration system 1951‑59, but one the
unions didn't mind since there were no prohibitions on striking
- Wages Councils Act of 1959
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47
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- No compulsion to recognize
- No obligation to bargain
- No prohibition of victimization
- Almost no regulation of bargaining content
- Almost no regulation of industrial conflict
- Agreements not enforceable in court & often of no specified duration
- Voluntarism
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48
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- The Industrial Relations Act of 1971 ‑
- Modeled on Taft‑Hartley
- Much more complex
- Experience under the Act
- TUC mobilized affiliates not to register and expelled the 20 small
unions that did
- Almost all repealed in 1974 in the aftermath of the Conservative defeat in election that
year
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49
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- Aftermath of 1974
- The Trade Union and Labor Relation Acts of 1974,76
- Employment Protection Act of 1975
- Other legislation in 1970s to protect individual rights
- Equal Pay Act
- Sex Discrimination Act
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50
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- Recent Changes in British Public Policy on IRHRM
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51
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52
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53
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- Tradition of Government Non‑Involvement in IRHRM
- The Shift toward legislative intervention in the 1970's
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54
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- Legislative Changes Under the Thatcher Government
- Blair Government Changes
- Current Legal Environment
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55
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- Five separate pieces of legislation 1980-90
- Regulated unions, collective bargaining, picketing and industrial conflict and a few
related matters
- Designed to avoid the “all at once” approach of 1971 that helped bring
down that Conservative Government
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56
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- Union officers must be elected every five years
- Elections of union officers by secret postal ballot
- Must poll members on whether to have political fund
- Outlawed Bridlington Principles
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57
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- Gradual elimination of closed shop
- Must get members to vote to reauthorize the “check off” every three
years
- Employees have right to negotiate individual contract if they prefer
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58
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- Must be related to trade dispute
- Must be outside or near picket’s place of work
- Limited purposes
- Normally limited to six persons
- Secondary picketing
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59
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- Immunity from lawsuits limited
- Strikers not protected from “unfair dismissal”
- Non-strikers can’t be disciplined by union
- Regulation of unofficial strikes
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60
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- Outlawed commercial contracts requiring the use of unionized labor
- ILO found some of this to violate conventions on freedom of association
and collective bargaining
- Dramatically raised rights of individuals above collective rights
- Brought courts deeply into IR
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61
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- Approach
- Rejected militance and industrial disruption of early 1970s
- Sought to bring about partnerships between unions and employer
- Series of laws on both IR and employment issues
- EU Policy Directives
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62
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- Still encourages voluntary recognition
- Elections
- First Contract Bargaining
- Discrimination against unionists
- Can’t offer employees inducements to remain non-union or to avoid
collective bargaining
- Public sector similar to private sector
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63
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- All employers must have grievance/disciplinary procedure
- Employers must consult with union or employee representatives over
planned redundancies or work transfers
- Right to assistance
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64
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- April 1999 introduced first national minimum wage in Britain's history
- Hours and Holidays
- Flexible scheduling
- Paid sick leave
- Unfair Dismissal Protection
- Consultation
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65
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- Religious discrimination prohibited
- Discrimination based on sexual orientation prohibited
- 2005 drafting legislation to prohibit age discrimination
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66
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- Collective bargaining still relatively unencumbered but agreements
unenforceable
- Shift toward increased intervention
- Unions and Bargaining
- Minimum wages and Discriminations
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67
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- Rule making – Collective Bargaining
- Rule making – Industrial Conflict
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68
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69
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70
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- Traditional Voluntarism of British Approach
- Dramatic Increases in Union and Bargaining Restrictions under
Conservatives
- Changes under Labour since 1997
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71
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- Rule-making – Procedural Rules
- Workplace Bargaining
- Industrial Conflict
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72
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- Formerly prevalence of industry‑wide bargaining
- 2004 approximately 35% of employees covered by collective bargaining
- Prior to 1980, importance of informal workplace bargaining
- Now replaced largely by formal workplace mechanisms
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73
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- Traditionally based on comparability with private sector ‑
biannual survey
- Thatcher Government stopped the surveys
- Imposition of cash limits to constrain bargaining
- Government has also discontinued availability of arbitration at request
of either party
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74
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- Wages
- Work Hours
- Holidays and vacations
- Overtime premia
- Shift premia
- Union Security
- Local work rules
- Piece rates and incentive rates
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75
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- 1950's through 1970s
- Overall level of conflict not high but perceived to be high
- Most strikes small, short and unofficial‑ coal, autos,
shipbuilding esp. strike prone
- Frequent use of non‑strike sanctions, esp.
work‑to‑rule and overtime ban
- Peak reached 1970-74 under Heath Government
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76
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- Economic deterioration under Thatcher weakened unions and reduced
strikes to record low levels
- Coal Strike of 1984‑85
- Most important strike since 1926
- Lasted full year, March to March
- Complete defeat for miners and their Marxist president, Arthur Scargill
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77
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- Annual average work days lost per 1000 workers 1994-2003 2nd lowest in
course after Germany and quite similar to USA
- 1998-99 levels at historic lows
- Unions claim it is now so hard to conduct legal strike in Britain that
the country is in violation of ILO conventions
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78
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- Still pattern of limited short strikes and non-strike actions
- 2002-3 national strike by Fire Fighters
- November 2004 Civil Service held one-day national strike
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79
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- Incomes Policy
- Administrative Rules – Grievance Procedures
- Other Issues
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80
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81
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- Reading for next class – Sweden
- First paper due soon
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82
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- National and Workplace Bargaining
- Growth of decentralized bargaining mechanisms
- Traditional pattern of conflict ‑ unofficial strikes
- Weak unions produce little but bitter conflict in 1980s
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83
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- Tri-lateral Bargaining – The Impact of Incomes Policy
- Administrative Rules – Grievance Procedures
- Themes
- Comparisons
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84
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- 1950s-1970s continual balance of payments crises
- Sometimes just exhortation
- Frequently formal statutory policies
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85
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- The Social Contract
- Explicit understanding between unions and Labour Party prior to and
after 1974 election
- Unions promised wage restraint in return for legislative changes in
bargaining, social and economic areas
- Labour party offered
- TUC response
- Broke down 1978‑79 “winter of discontent” Helped produce Thatcher victory
- Social Contract dramatically increased effective role of TUC in
bargaining in that brief period
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86
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- Many industry‑wide agreements had grievance procedures
- Typically proceed step wise as in U.S.‑ Most grievances settled
in plant
- Often terminated by strike‑i.e. deal similarly with disputes over
interests and rights
- Since agreements not enforceable, these procedures aren't either
- Widespread habit of ignoring or short‑circuiting the procedure
- 1st level supervision often by‑passed
- Unconstitutional strikes ‑ in past quite prevalent in engineering
industry
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87
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- Recent very active role of tri-partite industrial tribunals in some of
these issues but especially in areas of individual rights
- unfair dismissal
- redundancy
- equal pay
- Statutory requirement now for both unionized and non-unionized employers
to have grievance procedures
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88
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- Voluntarism
- Self‑reliant trade union movement relying on collective
bargaining
- Tradition of minimal government intervention
- Dramatic shift away from voluntaristic approach
- Impact of European Union
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89
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- How Does Britain Compare to Canada and the United States?
- What are the strengths of the British system?
- What are its weaknesses?
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90
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- IRHRM in Sweden
- Check Atlapedia and Labourstart
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