The continuous development of different working structures to accommodate the modern business environment has rendered the complex area of employment law a legal minefield. The significant variances in contemporary working relationship structures have compounded the need for legal certainty whilst simultaneously ensuring that justice is served in individual cases to address employee rights. In the UK, the symbolic importance of the trade union has been the ability of the union to spearhead the redress in the inherent imbalance between employer and employee in employee relations particularly in addressing employee grievances (Rose, 2008:125). Indeed, Rose refers to the assertions of leading labor historian Pelling that:
[...] Additionally, Pollert's review of the Un-represented Worker Survey (2004), which considered the perspectives of low paid non unionized workers suggested that the lack of union recognition and collective bargaining has exposed low paid workers to an unfair and ineffective framework for addressing conflict resolution (2008) Conclusion The above analysis clearly demonstrates a continuing trend in the decline of union recognition, collective bargaining and trade union membership. Additionally, there is clearly an academic and empirical consensus that part of the reason is economic and relates to the changing management culture towards an integrative organizational framework that promotes employee motivation and loyalty. [...]
[...] Therefore from an employer's perspective, trade union recognition and collective bargaining clearly remains a contentious administrative issue and the studies of Brown and Nash (2004) and Strange et al (2007) suggest that the degree of development in the private sector in economic expansion has provided a disincentive to employees in joining unions and entering into collective bargaining agreements with employers. Section Causes of Decline in Union Recognition and Collective Bargaining The previous section highlights that notwithstanding the Labor government's attempts to address the imbalance caused by Thatcher's anti-union legislative agenda, in reality the market liberalization policies of New Labor have contributed to a continued decline in union membership and collective bargaining particularly in the private sector. [...]
[...] Chadwick, A., & Heffernan, R. (2003). The New Labor Reader. Wiley- Blackwell. Gregory Gall, (2005) “Trade Union Recognition in Britain: Is a Corner Being Turned?” in the IRRA Proceedings 2005 of the 57th Annual Meeting/LERA Referred Papers available at www.press.uillinois/edu/journals/irra/proceedings2005/gall.html Accessed November 2009. Garvin, D.A. (2000) “Learning in Action” Harvard Business Press. Gennard, J., & Judge, G. (2005). Employee Relations. McGraw Hill Education. Karash, R. (1995) Why a learning organization? Available at www.richardkarash.com, Accessed November 2009 McIllroy, J (2005). Trade Unions in Britain Today. [...]
[...] This is further evidenced by the fact that trade union recognition can result in collective bargaining agreements, which are often perceived as having cumbersome implications for employers in relation to employment policy and practice (Pitt 2007). For example, under the current legislative framework, Section 181 of the Trade Union and Labor Relations (Consolidation) Act 1992 imposes a general duty on employers to disclose information required by unions for all stages of collective bargaining. Furthermore, the ACAS code sets out more detailed requirements and provides guidance on the type of information that can be requested for the purpose of disclosure. [...]
[...] Manchester University Press. Pedler, M., & Aspinwall, K. (1998) A concise guide to the Learning Organization. Lemos & Crane . Gwyneth Pitt (2007). Employment Law. 6th Edition Sweet & Maxwell Pollert, A. (2008). Injustice at Work: How Britain's Low-Paid Non- Unionized Employees Experience Workplace Problems. Workplace Rights, Vol. pp 223-244. Rose, E. (2008). Employee Relations. Pearson Strange, J., Carnevali, F., & [...]
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