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Statutory Regulation and Employment Relations The Impact of Statutory Trade Union Recognition

ISBN-10: 1137023791

ISBN-13: 9781137023797

Edition: 2013

Authors: Sian Moore, Sonia McKay, Sarah Veale

List price: $89.99
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Book details

List price: $89.99
Copyright year: 2013
Publisher: Palgrave Macmillan Limited
Publication date: 6/28/2013
Binding: Hardcover
Pages: 265
Size: 5.62" wide x 9.66" long x 0.96" tall
Weight: 9.966
Language: English

A highly experienced business advisor and author

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