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Šiame magistriniame darbe nagrinėjama kolektyvinių derybų bei kolektyvinių sutarčių sudarytų aukštesniu nei įmonės lygiu ypatumai. Tiriant kolektyvinių derybų požymius Europos Bendrijos bei nacionaliniu lygiais, siekiama atskleisti aukštesnio lygio kolektyvinių derybų reikšmę kuriant darbo teisinius santykius. Apibendrinant pagrindinius kolektyvinių derybų požymius, išskiriami aukštesnio lygio kolektyvinių derybų ypatumai. Remiantis socialinės partnerystės samprata bei šiam institutui būdingais principais, darbe didžiausias dėmesys skiriamas kolektyvinėms deryboms dėl nacionalinių, šakos ir teritorinių kolektyvinių sutarčių sudarymo. Nagrinėjant kolektyvinės sutarties sampratą ir turinį, siekiama atskleisti aukštesnio lygio kolektyvinių sutarčių, kaip sėkmingo kolektyvinių derybų rezultato specifiką. Aukštesnio lygio kolektyvinės sutartys analizuojamos remiantis bendrais visoms kolektyvinėms sutartims būdingais požymiais, akcentuojant tarptautiniuose ir nacionaliniuose teisės aktuose įtvirtintus tik šio lygio kolektyvinėms sutartims būdingus ypatumus. Remiantis šiuo metu kolektyvinius santykius įtvirtinančiais šaltiniais, atkreipiamas dėmesys į aukštesnio lygio kolektyvinių sutarčių reglamentavimo kaitą Lietuvoje. Atsižvelgiant į kolektyvinių santykių svarbą šiuolaikiniame visuomeniniame ir ekonominiame gyvenime, tiriami aukštesnio lygio kolektyvinių derybų dėl kolektyvinių sutarčių sudarymo teoriniai ir praktiniai aspektai Lietuvos darbo teisėje. Siekiama atksleisti, kaip... [toliau žr. visą tekstą] / This master thesis examines the peculiarities of the collective bargaining and the collective bargaining agreements above enterprise level. While going into the attributes of collective bargaining at the European Union and national levels, it is aimed at revealing the significance of higher-level collective bargaining when building labor legal relationships. When summarizing the main attributes of collective bargaining, peculiarities of higher-level collective bargaining are singled out. Based on the conception of social partnership and principles inherent to this institute, this work focuses on collective bargaining regarding conclusion of national, branch and territorial collective agreements. When exploring the conception and content of collective agreements, it aimed at disclosing the specifics of higher-level collective agreements as a corollary of successful collective bargaining. Higher-level collective agreements are being analyzed based on the features common to all collective agreements, while emphasizing the peculiarities inherent to collective agreements of this level only that are entrenched in international and national legislative acts. Based on the sources currently establishing collective relationships, attention is drawn to the changes of regulation of collective agreements in Lithuania. Considering the significance of collective relationships in contemporary social and economic life, theoretical and practical aspects of higher-level collective negotiations... [to full text]

This paper explores the cultural roles of tale-telling, and how these roles may have been transformed by the transcription of folk and fairy tales into “literature,” with reference to Paul Connerton’s ideas of habit-memory and collective identity, Benedict Anderson’s writing on the rise of print capitalism, and Pierre Bourdieu’s theories of cultural capital and the power of language.

New Zealand presently operates a "free market" system of employment and labour relations in which there are no prescribed or mandatory bargaining procedures. When this system was introduced by the Employment Contracts Act 1991 (the "ECA" ) it represented a dramatic departure from the previous system of state regulated collective bargaining, conciliation and arbitration: a system that had existed in New Zealand for almost a century. Although this change in approach was supported by free market advocates, it also generated considerable international and domestic criticism. In response to that criticism, a number of New Zealand politicians stated in 1996 that they would consider imposing on employers and employees a statutory duty to bargain in good faith. However, since the end of 1996, very little has occurred in respect of this issue. Indeed, it now appears that the current New Zealand Government may have abandoned this proposal altogether. If this is, in fact, the Government's decision, it ought to be viewed with concern, for it has been made without the benefit of informed debate. Little, if any, substantive consideration has been given to whether such a duty ought to be introduced, and if so, the form it might take and impact it might have. If an informed decision is to be made to enact a duty of this nature, or not, as the case may be, its merits must be the subject of further debate. This thesis will endeavour to contribute to that debate by examining how one approach to the duty to bargain in good faith, that which applies in British Columbia, Canada, might operate in New Zealand. This examination will consist of six chapters. The first will contextualise the New Zealand arguments on whether a duty of this nature ought to be introduced into the ECA. Chapter two will then examine the duty to bargain in good faith as it applies in British Columbia industrial relations. Chapter three will take that duty, and examine the extent to which it is currently replicated in New Zealand. It will be concluded that little of the substance of this duty is to be found in the law which presently governs the New Zealand labour market. Chapter four will assess the costs of introducing a duty of this nature into the ECA, particularly in terms of reduced efficiency and freedom. Chapter five will identify a number of specific issues that will require resolution if the duty is to operate effectively in New Zealand, and the terms of a suggested statutory amendment will be proffered. It will be concluded in chapter six that introducing a duty to bargain in good faith, akin to that which applies in British Columbia, would benefit New Zealand employers, employees and society as a whole. Further, it will be argued that such a duty must be introduced if labour bargaining in New Zealand is to occur in any meaningful way for most employees. And finally, it will be suggested that if this duty is to be introduced effectively, legislative amendment will be required. For these reasons, it will be asserted that the New Zealand Government ought to revisit the issue of introducing into the ECA a statutory duty to bargain in good faith.

Cells in vivo respond to chemical and mechanical cues in the environment. In fact, it is the resulting migration of cells as a cohesive group that underlies embryonic morphogenesis, wound repair and cancer tumour development and invasion. Techniques have been developed to investigate chemotaxis, haptotaxis and mechanotaxis – the directional movement of cells in response to soluble chemical cues, substrate-bound chemical cues and mechanical cues respectively. Most of the existing tools however, have been designed for and applied to the investigation of single cell migration. Given its importance in vivo, there is a need for adapting these methods and applying them to characterize directed collective cell migration. The main objective of my thesis was to engineer tools and quantitative methods to investigate collective cell migration and use them to compare single and collective migration in response to mechanical cues and substrate-adhered chemical cues in vitro.

Cells in vivo respond to chemical and mechanical cues in the environment. In fact, it is the resulting migration of cells as a cohesive group that underlies embryonic morphogenesis, wound repair and cancer tumour development and invasion. Techniques have been developed to investigate chemotaxis, haptotaxis and mechanotaxis – the directional movement of cells in response to soluble chemical cues, substrate-bound chemical cues and mechanical cues respectively. Most of the existing tools however, have been designed for and applied to the investigation of single cell migration. Given its importance in vivo, there is a need for adapting these methods and applying them to characterize directed collective cell migration. The main objective of my thesis was to engineer tools and quantitative methods to investigate collective cell migration and use them to compare single and collective migration in response to mechanical cues and substrate-adhered chemical cues in vitro.

Santrauka Šio darbo tema – lokalinės normos kaip darbo teisės šaltinis. Darbo teisiniams santykiams yra būdingas dinamiškumas. Todėl reguliuojant darbo teisinius santykius būtina derinti centralizuotą ir sutartinį metodus. Įmonės kolektyvinės sutarties norminės nuostatos yra pripažinti įstatymų leidėjo darbo teisės šaltiniu. Šio darbo teisės šaltinio specifiškumą lemia tiek jo priėmimo tvarka - tai darbuotojų ir darbdavio sutartinės teisėkūros rezultatas, tiek jo taikymo sfera – lokalinėmis normomis, įtvirtintomis įmonės kolektyvinėje sutartyje, reguliuojami darbo teisiniai santykiai tarp darbuotojų kolektyvo ir darbdavio, jos privalomos vykdyti abiems šalims. Įstatymų leidėjas skatindamas socialinį dialogą įvairiomis priemonėmis. Buvo sukurtas darbo tarybų institutas, kaip alternatyvą profesinėms sąjungoms, tačiau praktiškai jis kol kas nėra veiksmingas. Taip pat Darbo kodekse yra eilė nuostatų, kurios gali būti nustatytos tik kolektyvinėje sutartyje. Tačiau kolektyvinis sutartinis reguliavimas nėra išplėtotas Lietuvoje. Mūsų nuomone, nacionalinės kolektyvinės sutarties priėmimas pakeistų situacija, nes nacionalinė kolektyvinė sutartis būtų privaloma darbdaviams, kurios yra darbdavių organizacijų nariai. Tačiau nacionalinės kolektyvinės sutarties priėmimui iškiltų praktinių kliūčių, susijusių su šalių atstovavimu. Taip pat tokiu būdu išlaikytas ir in favorem principas. Įstatymų leidėjas skatindamas socialinį dialogą, priėmė eilę Darbo kodekso pakeitimų, kurios yra... [toliau žr. visą tekstą] / Summary The theme of this work is the Local norms as source of labour law. Dynamism is typical of the legal labour relations. Thus it is necessary to combine a centralized and a contractual method when regulating the legal labour relations. The normative provisions of a company’s collective agreement are recognized as the source of labour law of the legislator. The specificity of this source of the labour law is determined both by its adoption procedure – it is a result of the employees’ and the employer’s contractual lawmaking – and by its application field – legal labour relations between the collective of the employees and the employer are regulated by the local norms established in the collective agreement of the company, which are binding to both of the parties. The legislator stimulates a social dialogue by various means. The institute of the labour councils has been found as an alternative to the trade unions however it is still practically ineffective. In addition the Labour Code includes many provisions that can be stipulated only in a collective agreement. However the collective contractual regulation is not developed in Lithuania. In our opinion the adoption of a national collective agreement would change the situation as the national collective agreement would be mandatory to the employers that are members of employer’s organizations. A principle of in favorem would be maintained in such a way. However, the adoption of the national collective agreement would face... [to full text]

The purpose of the study was to collect, consolidate and report the perceived advantages and disadvantages of unified bargaining concepts currently operational in the state of Michigan as ranked by uniserv field representatives, local education association presidents, school board presidents and school superintendents.Data were generated through a forced choice questionnaire of twenty-six items drawn from a review of related literature and validated by professional consultants in the field of unified bargaining. Questionnaires were mailed to randomly selected participants in unified bargaining structures in each of the existing thirty-three multiple association bargaining organizations in the state of Michigan.Responses from the selected respondents were tabulated and reported by respondent group type. Frequency distributions according to items identified as advantages, disadvantages or not applicable to unified bargaining were presented tabularly and discussed narratively as were the-rankings of the most important advantages and disadvantages as perceived by respondents.Findings in the study indicated:1. Employee groups perceived the reduced probability of local associations ratifying sub standard contracts, standardization of contractual agreements, ready availability of professional negotiators and greater employee power in the bargaining process as the most important advantages of unified bargaining.2. Employee groups regarded the subordination of local association goals and autonomy to regional and state associations as the most important disadvantages of unified bargaining.3. Employer groups noted the increased utilization of professionally trained negotiators and the concomitant objectivity introduced into the bargaining process when professionally trained personnel negotiate as the most important advantages of unified bargaining.4. Employer groups identified decreased individual and local association autonomy and influence and the perception professional negotiators are not responsible for managing nor are subject to contracts bargained as the most important disadvantages of unified bargaining.5. A degree of congruence existed within and between employee and employer groupings. The greater degree of congruence between employee and employer groupings was noted in the ranking of disadvantages of unified bargaining.The following were among the conclusions drawn based upon the findings and the review of related literature:1. Individual and local education association autonomy and influence over. the business of the local education association is decreased as a result of participation in unified bargaining.2. Employee association power is increased when unified bargaining formats are operational. 3. Unified bargaining results in increased utilization of professionally trained negotiators. 4. Decreased amounts of direct employee-employer communication occur when unified bargaining formats are operational.5. The probability local education associations will ratify sub standard contracts is reduced when local education associations participate in unified bargaining.

The study was designed to assess the perceptions of secondary public school teachers toward the relationship between collective bargaining and the level of teacher participation in decision making. Specifically, the problem was twofold: 1) to determine teachers' perceptions of the extent of participation in decision making before and after collective bargaining, and 2) to determine teachers' perceptions of the desired amount of teacher participation in decision making relative to ten decisional items. The study was predicated upon the need for empirical data of teachers' perceptions of the actual and desired amount of teacher participation in decision making and the effectiveness of collective bargaining as a vehicle for increasing teacher participation.The sample consisted of 97~ randomly selected Indiana secondary school teachers. Data analysis was based upon the responses from 870 teachers which represented an 89.2 percent response rate.Data were secured by means of a survey questionnaire designed and validated for the study. The instrument included ten decisional items: 1) teaching loads, 2) class size, 3) teacher assignment, 4) teacher evaluation, 5) student discipline, 6) budget policies, 7) non-classroom duties, 8) class preparation time, 9) instructional methods, and 10) course content. Teachers were requested to indicate the amount of teacher participation in decision making before and after collective bargaining as well as the desired amount of teacher participation in decision making.Data of teachers' perceptions of the differences in the amount of teacher participation before and after collective bargaining were treated descriptively. Differences in teachers' perceptions of the desired amount of teacher participation were tested by the chi-square test of independence and were accepted as statistically significant at the .05 alpha level.Data relating to teachers' perceptions of teacher participation in decision making before and after collective bargaining revealed that 1) teachers perceived increased teacher participation after collective bargaining relative to each of the ten decisional items, 2) instructional methods and course content were the only decisional items perceived by the majority of teachers as teacher dominated both before and after collective bargaining, and 3) teachers perceived the greatest gains in participation in teaching loads, teacher evaluation, non-classroom duties, and class preparation time.Chi-square values indicated that differences in teachers' perceptions of desired participation in decision making were statistically significant at the .05 alpha level for nine of the ten decisional items relative to the selected variables. The statistically significant variables and related decisional items included: 1) sex: course content, non-classroom duties, teacher evaluation and teacher assignment; 2) age: course content and teacher assignment; 3) teacher organization membership: teaching loads, class size, teacher assignment, teacher evaluation, budget policies, and course content; 4) professional negotiation involvement: class preparation time, teacher assignment, and teaching loads; 5) size of school district: student discipline, teacher evaluation, and teaching loads; and 6) the existence of negotiation trouble: teacher evaluation.Review of the data led to the following conclusions: 1) although teacher participation had increased after collective bargaining, the perceived increase was minimal; 2) there is a discrepancy between teachers' present and desired amount of participation in decision making; 3) teachers' endeavors to expand the amount of teacher influence in decision making prior to collective bargaining were unsuccessful; 4) teachers' perceptions of desired participation are conditional upon teacher and school district characteristics; and 5) failure to provide for teacher participation in decision making increases the probability of negotiation conflict.

The purpose of the study was to develop guidelines relative to the collection, organization, and presentation of data by Indiana school governing body negotiation personnel for use by a fact finder during impasse situations in the collective bargaining process.Study participants included fifty-six individuals identified by officials of the Indiana Education Employment Relations Board as qualified to serve as fact finder in impasse situations between a school governing body and a teacher organization. Participants provided value judgment responses to statement items identifying data which should be included in reports developed for use by fact finders. Statement items were organized to present data relative to General Background Information, Revenue, Salary and Fringe Benefits, Budgeting, Cash Flow and Cash Balance, Non-Financial Issues, and Miscellaneous General Comparisons. The combined responses were developed into a preliminary set of guidelines.Selected administrative heads of eight Indiana school systems involved in fact finding procedures during 1975, and fact finder specialists employed full time by the Indiana Education Employment Relations Board, reviewed and analyzed the preliminary guidelines and made suggestions, corrections, additions, deletions, and/or editing changes based on past experience. The findings of the study were developed into a set of guidelines for the development of reports prepared by school management negotiation team personnel for use by a fact finder in Indiana impasse situations. The Guidelines for the Development of Reports for Fact Finders was divided to include coverage of general background information, revenue information, salary and fringe benefit information, budgeting information, non-financial issues, data, and miscellaneous general comparisons. Miscellaneous suggestions not involved in the study format were also included.