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Author: A. F. M. Brenninkmeijer
Publisher: Europa Law Publishing
ISBN: 9789076871615
Category : Arbitration, Industrial
Languages : en
Pages : 180
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Book Description
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
Author: A. F. M. Brenninkmeijer
Publisher: Europa Law Publishing
ISBN: 9789076871615
Category : Arbitration, Industrial
Languages : en
Pages : 180
Get Book
Book Description
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
Author: Martin C. Euwema
Publisher: Springer
ISBN: 3319925318
Category : Psychology
Languages : en
Pages : 339
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Book Description
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Author: John Brand
Publisher: Juta
ISBN:
Category : Law
Languages : en
Pages : 338
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Book Description
With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.
Author: Robert Heron
Publisher: International Labour Office
ISBN: 9789221114161
Category : Business & Economics
Languages : en
Pages : 52
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Book Description
Author: Christopher J. Bruce
Publisher: Routledge
ISBN: 1000349306
Category : Law
Languages : en
Pages : 273
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Book Description
First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Author: Adrienne E. Eaton
Publisher: Cornell University Press
ISBN: 9780913447772
Category : Business & Economics
Languages : en
Pages : 314
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Book Description
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
Author: Moti (Mordehai) Mironi
Publisher: Kluwer Law International B.V.
ISBN: 904119018X
Category : Law
Languages : en
Pages : 618
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Book Description
Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: Jie Shen
Publisher: Chandos Publishing
ISBN: 9781843341802
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed.
Author:
Publisher:
ISBN: 9789290496786
Category :
Languages : en
Pages : 249
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Book Description
Notes that many countries have put in place dispute prevention and resolution systems, both inside and outside their ministries of labour, with different organizational structures and roles. Demonstrates that the International Labour Organization has been assisting member States, as well as worker's and employer's organizations, to set up, or strengthen, such systems. Proposes to strengthen the prevention and resolution of labour disputes by providing advice to both ILO constituents and industrial relations practitioners interested in dispute resolution. Provides advice on the steps to be taken to either revitalize an existing system, or establish an independent institution, ensuring that they operate efficiently and provide effective dispute resolution services. Includes an outline of what needs to be done if a country seeks to reorganize and restructure its entire labour dispute management system by the creation of an independent body or commission. Concerned with both dispute prevention and dispute resolution, presents the prevention of disputes through conflict management in the workplace as an important component of a sound industrial relations system, while the maturity of an industrial relations system is closely related to the capacity of employers and employees and their organizations, without State intervention, to resolve their disputes through information sharing, dialogue, consultation, negotiation, and bargaining. Mentions the ILO's Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Right to Organise and Collective Bargaining Convention, 1949 (No. 98), Worker's Representatives Convention, 1971 (No. 135), Labour Administration Convention, 1958 (No. 150), Labour Relations (Public Service Convention), 1978 (No. 151), Collective Bargaining Convention, 1981 (No. 154), and Termination of Employment Convention, 1982 (No. 158). Mentions also various ILO's Recommendations : Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), Co-operation at the Level of the Undertaking Recommendation, 1952 (No. 94), Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), Communications within the Undertaking Recommendation, 1967 (No. 129), Examination of Grievances Recommendation, 1967 (No. 130), Labour Administration Recommendation, 1978 (No. 158), Labour Relations (Public Service) Recommendation, 1978 (No. 159), and Collective Bargaining Recommendation, 1981 (No. 163).
