Full Description
This book examines the relationship between the law and collective bargaining in the modern world of work.
It brings together theoretical, normative and practical perspectives from around the world to rethink the nexus between the two sources of work regulation in the face of unprecedented social and economic changes.
Recognised as a core international labour standard in many countries, collective bargaining is a fundamental institution of post-war democracies. Despite this, traditional collective bargaining systems inherited from the 20th-century industrial era are under pressure. Often linked to falling union density rates, collective agreement coverage has declined in some countries, while in others, high coverage conceals pitfalls such as rising inequality and labour disempowerment. This is the result of internal factors, such as the autonomous organisation and agency of industrial relations institutions, as well as external factors arising from globalisation, technological transformation, and 'fissured' business models which have distanced lead firms from workers, unions and collective action.
Drawing on a tradition of labour law scholarship grounded in legal pluralism, the book explores how legislators and industrial relations institutions are reshaping the law-collective bargaining nexus to cope with these challenges.
In addition to its utility as a resource for academics and students, the book provides practitioners, domestic legislators, judges and social partners with examples of best practice that will inform future reform processes.
Contents
Preface, Tonia Novitz (University of Bristol, UK)
1. Introduction: Rethinking the Law-Collective Bargaining Nexus for the 21st Century, Paolo Tomassetti (University of Milan, Italy), Alexis Bugada (Aix-Marseille University, France) and Anthony Forsyth (RMIT University, Australia)
Part I: The Law and Collective Bargaining: Theoretical and Cross-cutting Aspects
2. Collective Bargaining, Dignity and Spheres of Justice, Sergio Gamonal (Universidad Adolfo Ibáñez, Chile)
3. Contrasting Ideas of Justice in the Law-collective Bargaining Nexus: The Case of Wage Settlement and Litigation, Paolo Tomassetti (University of Milan, Italy)
4. From Courts to Contracts: The Nexus between Strategic Litigation and Collective Bargaining, Venera Protopapa (University of Verona, Italy)
5. Regulating Transnational Collective Bargaining: Mandates, Best Practice Templates, and Incentives, Guy Mundlak (Tel Aviv University, Israel)
Part II: State-led Decentralisation of Collective Bargaining and other Forms of Hostile Legislation
6. Collective Autonomy, Party Autonomy and the Law: European and Transnational Perspectives, Ulla Liukkunen (University of Helsinki, Finland)
7. Milei's Labour Reform and the Erosion of Collective Bargaining in Argentina: A Clash with the Inter-American Protective Approach, Mauro Pucheta (University of Kent, UK)
8. Collective Bargaining and the Law: Spain as Case Study, Manuel Antonio García-Muñoz Alhambra (University of Castilla-La Mancha, Spain)
Part III: The Scope and Structure of Collective Bargaining Redesigned
10. What Difference can the Law Really Make? 'Ascending' and 'Descending' from Enterprise-based Bargaining in Australian Labour Law, Anthony Forsyth (RMIT University, Australia)
7. Collective Bargaining in the USA: Union Success Within and Outside of the Flawed Legal Framework, Angela Cornell (Cornell University, USA)
11. Analytical Framework for Understanding Broader-based and Sectoral Bargaining Models, Sara Slinn (York University, Canada)
12. The Legal Design of the Branch Level Collective Bargaining: The Legacy of Statutory Centralism in French Labour Law, Alexis Bugada (Aix-Marseille University, France)
