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List of Tables | |
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List of Figures | |
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Acknowledgements | |
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List of Abbreviations | |
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Introduction | |
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Locating the 2000 Statutory Recognition Procedure | |
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The right to union recognition | |
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The history of statutory intervention | |
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The 1999 Act and statutory recognition | |
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The access and unfair practices provisions | |
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Comparing legislative systems | |
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Design or operation? - the flaws in the procedure | |
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When a majority is not enough | |
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Restrictions on collective bargaining | |
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Legalism - an increasing focus within the cases | |
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Cases getting longer to complete | |
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Keeping the judges out - the fear of judicial review | |
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Conclusion | |
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A Legislative Prompt? The TUC Perspective on the 2000 Recognition Procedure | |
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Discussions between the TUC and the government | |
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The 'Fairness at work' White Paper | |
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TUC response to the White Paper | |
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CBI reaction to the White Paper | |
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Third round of discussions between the TUC and the government | |
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The Employment Relations Bill | |
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The outcome - has statutory recognition been worth the fight? | |
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Third Time Lucky? - The Operation and Outcomes of the Statutory Recognition Procedure | |
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The level of applications | |
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Applications accepted and rejected under the statutory procedure | |
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Establishing the bargaining unit | |
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The granting of automatic recognition | |
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Ballots | |
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The ballot period | |
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The method of bargaining | |
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Derecognition | |
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The shadow effect? | |
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Conclusion | |
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Challenging Recognition - The Legitimacy of Employer Behaviour | |
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Pre-empting recognition | |
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Establishing alternative channels of representation | |
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Employer-defined representation | |
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Employer contestation within the statutory procedure | |
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Testing support | |
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Stalling the process | |
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Exploiting technicalities | |
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Influencing CAC discretion | |
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Challenging likely support | |
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Contesting the bargaining unit | |
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Manipulating the bargaining unit | |
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Promoting a ballot | |
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Ballots | |
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Conclusion | |
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Organising for Recognition - Union Strategies | |
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Shaping union strategy - the influence of the statutory procedure | |
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Workplace mobilisation and union strategy - is there a convergence? | |
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Recruitment and organising strategies and the limits of voluntarism | |
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Union strategy and workplace mobilisation | |
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Promoting collective identity | |
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Union organising | |
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The key role of activists | |
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The limits of voluntarism? | |
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Conclusion | |
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Be Careful What You Wish for � Unfair Practices and the Law | |
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The early experiences of unfair practices, 2000-2003 | |
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Calls for changes to the law | |
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What the unfair practices law achieved | |
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Union busters, threats of closure and intimidation | |
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What is unfair about unfair practices? | |
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Complaints reaching the CAC � problems with the legislation | |
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Conclusion | |
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The Fragmentation of Representation - 'Contract-based Recognition' | |
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The impossibility of national bargaining units? | |
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Privatisation and outsourcing - contract-based recognition and the contradictions of capitalism | |
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TUPE and the complexity of representation | |
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Temporary and agency workers | |
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Conclusion | |
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The Future for Statutory Recognition | |
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Notes | |
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Bibliography | |
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Index of cases | |
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Index | |