VOICES AT WORK

CONT & CHANGE COMM LAW C
Erscheinungsjahr 2014
ISBN: 978-0-19-968313-0
Verlag: ACADEMIC

Buch, Englisch, 528 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1060 g

This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world.

This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

Autoren/Hrsg.

Bogg, Novitz

Bogg, Alan

Novitz, Tonia

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

- INTRODUCTION: THEORIZING VOICE

- 1: Alan Bogg and Tonia Novitz: The Purposes and Techniques of Voice: Prospects for Continuity and Change

- IDENTITIES OF VOICE

- 2: L. J. B. Hayes: 'Women's Voice' and Equal Pay: Judicial Regard for the Gendering of Collective Bargaining

- 3: Rae Cooper: Low-paid Care Work, Bargaining, and Employee Voice in Australia

- 4: Janice Fine: Migrant Workers and Labour Movements in the US and UK

- 5: Paul Roth: Indigenous Voices at Work

- 6: A. C. L. Davies: 'Half a Person': A Legal Perspective on Organizing and Representing 'Non-Standard' Workers

- INSTITUTIONS OF VOICE

- 7: Alan Bogg and Cynthia Estlund: Freedom of Association and the Right to Contest: Getting Back to Basics

- 8: Anthony Forsyth and Sara Slinn: Promoting Worker Voice through Good Faith Bargaining Laws: The Canadian and Australian Experience

- 9: Gordon Anderson and Pam Nuttall: The Good-Faith Obligation: An Effective Model for Promoting Voice?

- 10: Virginia Mantouvalou: Democratic Theory and Voices at Work

- 11: Breen Creighton: Individualization and the Protection of Worker Voice in Australia

- 12: Tess Hardy: The Evolution of Employee Voice and Enforcement in Australia

- LOCATIONS OF VOICE

- 13: K. D. Ewing: The Importance of Trade Union Political Voice: Labour Law Meets Constitutional Law

- 14: John Logan: The Movement to Eliminate Labor's Political Voice: Proposition 32 and 'Paycheck Protection' in the United States

- 15: Stephen Bach and Gregor Gall: Public Service Voice under Strain in an Era of Restructuring and Austerity

- 16: Douglas Brodie: Voice and the Employment Contract

- 17: Mark Freedland and Nicola Kountouris: Common Law and Voice

- 18: Lance Compa: National and International Labour Rights

- BEING HEARD-OBSTRUCTING AND FACILITATING VOICE

- 19: John Howe: Regulatory Facilitation of Voice

- 20: Andrew Johnston and Wanjiru Njoya: Employee Voice in Corporate Control Transactions

- 21: Shae McCrystal and Phil Syrpis: Competition Law and Worker Voice: Competition Law Impediments to Collective Bargaining in Australia and the European Union

- 22: Tonia Novitz: Information and Communication Technology and Voice: Constraint or Capability?

- 23: Eric Tucker: Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes

Über Autor(innen)

Alan Bogg is Professor of Labour Law at the University of Oxford. Alan's research focuses predominantly on theoretical issues in domestic, European and International labour law. His book 'The Democratic Aspects of Trade Union Recognition' was published in 2009 by Hart Publishing. It was awarded the SLS Peter Birks' Prize for Outstanding Legal Scholarship in 2010.

Tonia Novitz is Professor of Labour Law at the University of Bristol. She is a member of the editorial board of the UK Industrial Law Journal, with special responsibility for the Recent Legislation section. She writes on UK labour law, international labour standards, EU social policy, EU external relations, and mechanisms for the protection of human rights.