Univ., Diss--Konstanz, 2006. / Literatur- und Quellenverz. S. [225] - 270.

This project explored the period immediately following the NLRB certification of the representation election wherein a Certification of Representative was actually issued. The intent was to examine the ultimate effects of the collective bargaining process after a labor organization was recognized as the official bargaining agent for a bargaining unit. The main purpose of this study was to investigate the collective bargaining process between two established dates: (1) the date the union was certified the collective bargaining agent, and (2) the date a collective bargaining agreement, if any, was obtained. Study data and findings were organized and presented by four research hypotheses. Hypothesis 1 (once a collective bargaining agent is certified as the collective bargaining representative by the NLRB, it will negotiate a collective bargaining agreement) was not supported by total elections for both fiscal years combined; however, responses received percentages resulted in a collective bargaining achievement. Hypothesis 2 (there will be no difference in the amount of time required to negotiate and ratify a collective bargaining agreement following a consent election as compared with stipulated consent or directed elections) was not supported by the research responses received. Hypothesis 3 (once a collective bargaining agreement is negotiated and ratified, it will be renewed at its expiration date) was supported, the majority of elections to account for in all three situations resulted in subsequent contracts negotiated. Hypothesis 4 (there will be no real difference in basic items negotiated in the collective bargaining agreements) was also supported, the categories mentioned would be most important to the union, and center around three main issues: wages, union security and grievance arbitration procedures.

The purpose of the study is to investigate attitudes and opinions of police and fire association presidents and members about labor and management relations in their city and collective bargaining in general in the state. Presidents of fourteen police and fire associations were interviewed to obtain information about their experiences with collective bargaining or in seeking collective bargaining in local option elections. They were also asked about necessary changes in state and federal law on public sector collective bargaining. On the survey, the opinions of police officers, fire fighters, and private sector union members were similar. Respondents believe labor and management relations are satisfactory but not better than in past dealings. None of the private sector members believe their union is weaker at the bargaining table, while over a third of the police officers and fire fighters indicate their association is weaker. The primary reason for joining a union or association is to have more influence on issues of job and working conditions. On the survey factors, respondents agree that employee representation is necessary and worthwhile. The IAMAW is more effective in performing representational duties, followed by the fire fighters' associations and the various police associations. All three groups agree that members should support their association or union; however, IAMAW members disagree that employees be required to join. This is somewhat surprising considering union security sentiments. Police and fire fighters are not sure whether collective bargaining or strike rights are sufficient to balance their power in labor and management relations. Some recommendations are made as to the treatment of public sector unions under the law in the state of Texas.

This study concerns the general question, "What has been the impact of collective bargaining representation elections on nonprofit hospitals in Texas?" The means of answering this question involved a study of wages and attitudes of nonprofessional employees in both hospitals where such elections occurred and hospitals where no such elections had occurred in the State of Texas. An overview of the development of hospitals and the union movement in hospitals are presented as background information for this study. Further, a brief discourse on attitude development and attitude measurement is provided as theoretical foundational material. A researcher-constructed questionnaire was devised, tested, and administered to employees of the subject hospitals. There were 176 useable returns from employees where no union representation election occurred and 176 useable returns from employees where union representation elections occurred.

Section 23(2) of the Constitution gives every worker the right to strike and the LRA gives effect to that right. Section 64 of the LRA, however, requires that the issue in dispute first be referred to a bargaining council or the CCMA before a strike can be called. A certificate declaring that the issue in dispute was not resolved or 30 days or, alternatively, any extension must lapse and notice must be given to the employer before a strike can commence. Generally, the issue in dispute referred to conciliation must be the same issue in dispute over which that the strike was called. The question that arises is what will happen to the status of the strike if the issue in dispute or the demand changes during the course of the strike. Reference was made to literature study in which the criteria were set out on how to determine the true issue in dispute. Suggestions were also made on how to declare strike action unprotected should an employer be of the view that its workers are striking over a different issue in dispute or demand than the one that was referred to conciliation. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Section 23(2) of the Constitution gives every worker the right to strike and the LRA gives effect to that right. Section 64 of the LRA, however, requires that the issue in dispute first be referred to a bargaining council or the CCMA before a strike can be called. A certificate declaring that the issue in dispute was not resolved or 30 days or, alternatively, any extension must lapse and notice must be given to the employer before a strike can commence. Generally, the issue in dispute referred to conciliation must be the same issue in dispute over which that the strike was called. The question that arises is what will happen to the status of the strike if the issue in dispute or the demand changes during the course of the strike. Reference was made to literature study in which the criteria were set out on how to determine the true issue in dispute. Suggestions were also made on how to declare strike action unprotected should an employer be of the view that its workers are striking over a different issue in dispute or demand than the one that was referred to conciliation. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This dissertation analyses, in a comparative perspective collective agreements entered into in Belgium and in South Africa in the private sector. It is divided into three parts: Belgian law, South African law and a comparative perspective. Each part adopts the same format: it comprises a historical survey, a description of the parties to collective agreements, the forums in which collective bargaining takes place and an analysis of collective agreements, focusing on the nature of their binding force. Because Belgian law prohibits agency shop and closed shop agreements, on the basis of the freedom of association, no reference has been made to these agreements, even though they are permitted in South Africa and are regarded as collective agreements. This dissertation does not deal with collective agreements entered into to regulate terms and conditions of employment in the public sector as state employees in Belgium are excluded from the scope of labour law and have their employment relationship governed by administrative law / Law / LL.M.

This research provides a systematic, analytical examination of the evolutionary development of labor relations in a large public school district in the southwestern United States. The Kerchner and Mitchell (1981) generational framework of labor relations has been utilized in this study to evaluate its explanatory power. Research questions included: (1) Does the evolution of labor relations in this district follow the generational patterns specified in the framework developed by Kerchner and Mitchell (1981); and (2) What has been the impact of teacher collective bargaining on governance of this disrict? This work constituted a detailed case study of the school district. Method included analysis of data gathered through board minutes, newspaper and other publications, census data, contract and arbitration history data and semi-structured interviews with persons who played key roles in district labor relations. Findings indicate that generational development in this district has evolved along the lines of the Kerchner and Mitchell framework. The district is idiosyncratic, however, in the nature of coalitions formed, stimuli for change, and the continuing unresolved legal questions regarding collective bargaining in Arizona resulting from a lack of legislative guidance in this area. Generational movement of labor relations in this district is traced through two generational periods and two periods of intergenerational conflict. Findings suggest that relations appear to be suggestive of early third generation as the district enters 1987. With regard to impact, findings of this study generally support those of Kerchner and Mitchell (1981) that: (1) "accidental" policy is made through the bargaining process and contract implementation; (2) collective bargaining, contract making and contract enforcement in this district have enhanced the "laboring" aspect of teacher work; and (3) substantial change has occurred in this district in managerial beliefs and operations as a result of the consensus agreement. Further, findings suggest that although public participation in the district has been episodic, it has greatly influenced generational movement, as has partisan politics. Variance from Kerchner and Mitchell findings and intradistrict variance is also addressed.

The purpose of this research was to study the effect of the conflict settlement process on the degree of expressed organizational commitment of employees in a collective bargaining setting. The research was done in a basic industry in northern Alabama. The instrument included the Organizational Commitment Questionnaire (OCQ) developed by Mowday, Porter, and Steers. Demographic variables measured were education, age, and sex. Main effects variables were tenure; union membership; and self-described experience with and feeling toward grievance/arbitration as a category 1 grievant, category 2 grievant, witness, and supervisor. Data were analyzed with hierarchical multiple regression. No statistically significant results were found. Limitations included the economic climate of the region and the industrial relations climate of the company.

Trade unions organizations in employment relations The thesis deals with trade union organization as the most important representative of employees in collective employment relations. The purpose of this thesis is to describe a task of trade union organization as a legal subject from the view of legal theory, as well as from the view of contemporary legal regulation which has recently been substantially changed due to the recodification of private law. These contemporary amendments change a status of trade union organization as a legal person. These amendments have been followed by many interpretative difficulties. The thesis further describes activities and rights of trade unions as a subject with regard to first, the last amendments in legislation and second, the current jurisprudence. The thesis is divided into five chapters: The first chapter is focused on a position of trade unions in collective labour law, their specificities according to legal theory, historical background of trade association, international and domestic legislation of the right to trade association, position of trade union organization as a legal subject and other aspects such as hierarchy among trade union organizations. The second chapter deals with traditional rights and obligations of trade unions in collective labour...