Shelley Marshall, K. Taylor, Tim Connor, Fiona Haines, Sara Tödt
{"title":"Will Business and Human Rights regulation help Rajasthan's bonded labourers who mine sandstone?","authors":"Shelley Marshall, K. Taylor, Tim Connor, Fiona Haines, Sara Tödt","doi":"10.1177/00221856211052073","DOIUrl":"https://doi.org/10.1177/00221856211052073","url":null,"abstract":"Some of the worst human rights conditions globally are found in Rajasthan’s sandstone quarries. This paper asks if state-based regulation in the economic-North advanced under the Business and Human Rights agenda: disclosure-based regimes, due diligence compliance regimes and trade-based regimes, could advance efforts to improve respect for human rights in this sector. It adopts fields of struggle lens and global value chain theoretical approaches to business power and governance to understand the challenging political and economic dynamics that entrench harm within sandstone quarrying in Rajasthan. This analysis suggests that company-based disclosure and due diligence regimes will struggle to ameliorate these dynamics whilst trade-based approaches hold some potential to generate meaningful change.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"248 - 271"},"PeriodicalIF":2.3,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42931312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working towards a green job?: Autoworkers, climate change and the role of collective identity in union renewal","authors":"Kori Allan, Joanna Robinson","doi":"10.1177/00221856221088153","DOIUrl":"https://doi.org/10.1177/00221856221088153","url":null,"abstract":"This article examines the important, yet under-examined, issue of green workforce development and industrial relations and the role of unions and workers in shaping a transition to a green economy. Based on interviews with labour leaders and rank-and-file workers in the auto manufacturing sector in Ontario, Canada, this article interrogates how environmentalism and climate change potentially construct a sense of purpose among heterogenous union members, particularly in the context of decreasing union power, de-industrialization and neoliberalism. In order to understand how climate change can shape union purpose, we investigate how a diverse range of union members – beyond leaders – understand climate change and the appropriate strategies to address it and how this sustains or hinders collective identity within the union. We argue that understanding internal differences in collective identities is key for unions to start to rebuild power resources. Our research demonstrates that future union success and solidarity among workers might be dependent on the ability of unions to recognize and negotiate multiple collective identities. By incorporating innovations into the union, a more flexible and multi-dimensional collective identity regarding labour environmentalism could be built and sustained.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"27 1","pages":"585 - 607"},"PeriodicalIF":2.3,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41285776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bargaining for work–family benefits in the UK","authors":"S. Milner","doi":"10.1177/00221856211057918","DOIUrl":"https://doi.org/10.1177/00221856211057918","url":null,"abstract":"Using data from the Labour Research Department's Payline bank of collective agreements, and drawing on case studies of the (male-dominated) rail transport and (female-dominated) food retail sectors, this article analyses agreement on enhanced work–family benefits, focusing on maternity and paternity leave and pay, and Shared Parental Leave (SPL) and pay. The opportunity structure for bargaining, consisting of internal and external factors encouraging or facilitating union engagement with work–family measures, has developed unevenly in the British case, resulting in only a small number of agreements overall. Collectively agreed provision offers significant benefits mainly for maternity leave and pay. The analysis finds evidence of a dynamic of bargaining whereby those organisations with enhanced maternity pay continued to extend provision and to introduce new enhancements for fathers through paternity leave, but also identifies the limits of this dynamic due to complexity of policy design. The article argues that trade unions can coordinate bargaining strategy even in the absence of formal mechanisms for doing so, but that local strategy depends on the external opportunity structure at all levels.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"124 - 146"},"PeriodicalIF":2.3,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45428417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘Not my task’: Role perceptions in a green transition among shop stewards in the Norwegian petroleum industry","authors":"Camilla Houeland, David Jordhus-Lier","doi":"10.1177/00221856211068500","DOIUrl":"https://doi.org/10.1177/00221856211068500","url":null,"abstract":"In the petroleum-dependent Norwegian economy, climate change politics challenge the powerful petroleum industry, and Norwegian shop stewards in that industry find themselves in cross-pressures of representation and responsibility. In this article, we investigate what role trade unionists in the oil sector play and can play, in a green and just transition. We analyse data from six focus group interviews with shop stewards in the petroleum industry. By engaging with theories of roles and role perceptions in light of labour agency, we fill a theoretical gap in the conceptualization of workers’ collective agency. Respondents describe themselves as active part of a green transition in their capacity as workers, but the role of shop stewards neither seem to offer tools nor a mandate for representing environmental concerns: Climate change is not their task. Shop stewards respond to externally ascribed role expectations by insisting that primary agency resides with politicians, companies and consumers–and union leaders. Their reactive and ambiguous role interpretation can prove risky, as the employment outlook in the industry is changing radically and rapidly. Last, we find that there are both a need and potential for re-scripting shop stewards’ role that is active and relevant in the green transition.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"522 - 543"},"PeriodicalIF":2.3,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46011211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The role of the state in influencing work conditions in China's internet industry: Policy, evidence, and implications for industrial relations","authors":"H. Liu","doi":"10.1177/00221856211068488","DOIUrl":"https://doi.org/10.1177/00221856211068488","url":null,"abstract":"While there is growing scholarly interest in work conditions in China's internet industry, many studies have focused exclusively on corporate employment relations strategies. By contrast, the article demonstrates the Chinese government's significant role in shaping the collective work experience in business reality. Drawing on three months of fieldwork in China, the findings suggest that the state's quest for technology supremacy has resulted in internet companies that compete ferociously, which in turn causes extreme working hours and burnout. The censorship of online labour activism and the ambiguity in court decisions also lower the interest of tech workers in organising and defending their labour rights. This study opens up an evidence-based debate on industrial relations in contemporary China and calls for more discussions on the state's role in shaping worker well-being and protection.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"65 1","pages":"3 - 21"},"PeriodicalIF":2.3,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45908300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Modern slavery and the employment relationship: Exploring the continuum of exploitation","authors":"M. Boersma, J. Nolan","doi":"10.1177/00221856211069238","DOIUrl":"https://doi.org/10.1177/00221856211069238","url":null,"abstract":"The term ‘modern slavery’ constitutes a broad non-legal umbrella term that refers to a range of abusive practices including, but not limited to, forced labour, bonded labour, human trafficking and child slavery. While the most severe forms of labour exploitation represent instances of modern slavery, focusing on labour abuses more broadly is also important as it is not always clear at what point non-compliance with labour standards seeps into cases of criminal exploitation. This Special Issue focuses on what the large- and small-scale risk factors are that can cause working conditions to deteriorate, on how people can become trapped in exploitative conditions and on what can be done to prevent and remedy labour abuses. It does this by exploring the macro-level, specifically by examining global value chains and the labour exploitation within the global production regime; by exploring the meso-level, by focusing on the market-based character of business and human rights regulation; and by looking at the micro-level by examining labour regimes on factory floors and in private residences.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"165 - 176"},"PeriodicalIF":2.3,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44917611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The importance of competition and consumer law in regulating gig work and beyond","authors":"Tess Hardy, S. McCrystal","doi":"10.1177/00221856211068868","DOIUrl":"https://doi.org/10.1177/00221856211068868","url":null,"abstract":"Much ink has been spilt on why gig workers should be brought into the protective fold of mainstream employment law. Much less time has been spent considering the advantages and disadvantages of regulating gig work through alternative regulatory frameworks, such as via competition and consumer laws. In part, this is because we generally understand this jurisdiction to be inherently anti-collective. However, significant changes within competition and consumer regulation in Australia challenge our pre-existing assumptions about the potential role and utility of this jurisdiction for protecting the rights of the self-employed, including gig workers. The High Court decision in Workpac v Rossato, emphasising contractual formalism, also impels some reconsideration of the utility of commercial law solutions given that there is unlikely to be any expansion of labour law protections any time soon. In this short paper, we summarise two key developments in this space. First, we discuss the provisions relating to unfair contract terms under the Australian Consumer Law, which are about to be substantially enhanced. Second, we explore a class exemption introduced by the Australian Competition and Consumer Commission, which effectively permits collective bargaining by small businesses, including those engaged in platform work. This article will critically examine each of these developments and weigh up their potential in addressing some of the most pressing issues facing non-employed workers in the gig economy and beyond.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"785 - 800"},"PeriodicalIF":2.3,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42035827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
M. Boersma, Emmanuel Josserand, Sarah Kaine, A. Payne
{"title":"Making sense of downstream labour risk in global value chains: The case of the Australian cotton industry","authors":"M. Boersma, Emmanuel Josserand, Sarah Kaine, A. Payne","doi":"10.1177/00221856211066628","DOIUrl":"https://doi.org/10.1177/00221856211066628","url":null,"abstract":"While the efforts by actors on the buyer-side of value chains – such as brands and retailers – to address upstream labour abuses are well documented, there is a lack of research into how actors on the production-side of value chains – such as raw material producers – can identify and address downstream labour risks. This research presents the findings of an action research project that focused on the Australian cotton industry. By applying a sense-making lens, we propose four properties that can be used to identify labour risk in global value chains, providing insights into the capacity of producers to address downstream labour abuses. We suggest that there is a possibility for a ‘book-end’ approach that combines upstream and downstream actions by buyers and producers in global value chains.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"200 - 222"},"PeriodicalIF":2.3,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42393532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Employer constraints on trade union renewal in Chile","authors":"Daina Bellido de Luna","doi":"10.1177/00221856211068486","DOIUrl":"https://doi.org/10.1177/00221856211068486","url":null,"abstract":"The present article explores the revitalisation strategies developed by a company-level trade union in the food manufacturing industry in Chile. Using qualitative research and building on a case study, the findings suggest that predominant renewal strategies were restructuring through mergers, a variation on the Anglo-Saxon labour-management partnership, and organising based on recruiting new members and legal mobilization. The article argues that these revitalisation strategies were implemented in relation to the deployment of the employer's trade union weakening strategies, this being the central feature that drove the renewal capabilities of the researched trade union. The article contributes to enlarge the understanding of the way employer strategies and regulatory contexts shape the union revitalization framework.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"690 - 710"},"PeriodicalIF":2.3,"publicationDate":"2022-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41455780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Agents of transition or defenders of the status quo? Trade union strategies in green transitions","authors":"Tobias Kalt","doi":"10.1177/00221856211051794","DOIUrl":"https://doi.org/10.1177/00221856211051794","url":null,"abstract":"Green transitions create major challenges to union power in carbon-intensive economies as well as opportunities for the renewal of union power. This research asks why sometimes unions oppose or delay green transitions while other times unions are more open to green transitions and may even become strong transition supporters. In drawing on the Power Resource Approach, I argue that unions are neither natural opponents nor supporters of green transitions but instead engage strategically with green transitions. Unions’ strategic choices to pursue oppositional, reactive, affirmative or transformative transition strategies is guided by an imperative to maintain or expand their power resources. The strategic choices unions make are influenced by several contextual conditions. In a comparative case study on coal transitions in South Africa and Germany, I identify the following contextual conditions: sectoral interests, organisational identity, internal structure, coalitions, political- and socio-economic environment, governance context and public discourse. Regarding each of these, I show how unions make strategic choices to protect or expand different power resources and become agents of transition or defenders of the status quo. This paper contributes to empirical research on drivers behind union transition strategies and offers an analytical framework to explain unions’ strategic choices in green transitions.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"64 1","pages":"499 - 521"},"PeriodicalIF":2.3,"publicationDate":"2022-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41517641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}