Federal-employee unions and workforce 2000

Federal-employee unions face many challenges, including coping with the changes implied by Workforce 2000. These changes, coupled with economic and budgetary constraints, should raise the demand for federal sector unionism per se, but unions are hamstrung in their ability to take advantage of the situation. The law regulating labor relations among federal employees weakens the power and hence appeal of unions. The principal federal unions may employ several strategies to take advantage of Workforce 2000, including political activism, but their relative capacities to do so are limited. The American Federation of Government Employees and the National Federation of Federal Employees in particular have massive free-riding problems which strain their ability to serve represented employees.     

Patterns and issues in health care collective bargaining

Unionization of health care facilities has grown significantly over the last twenty years. More than 20 percent of American hospitals have one or more union contracts and an equal percentage of the industry's labor force is represented for collective bargaining purposes. Union membership is concentrated in the Northeast, Upper Midwest and Pacific Coast and is to be found particularly among large metropolitan hospitals. Although many different unions are actively organizing in the health care industry four labor organizations predominate: American Federation of State, County, Municipal Workers; Service Employees International Union; National Union of Hospital and Health Care Workers - District 1199; and the American Nurses Association.

One of the obstacles to union growth for many years was the absence of Federal legal regulation of labor relations. In 1974 Congress amended the so-called Taft Hartley Act to cover private nonprofit hospitals, the largest component of the industry. Since 1974 the application of Federal labor law has resolved old problems that arose from the lack of a basis to handle recognition disputes but at the same time created new issues. Among these issues are such legal questions as the legitimacy of the ANA to act as a labor organization, the proper bargaining classification for registered nurses, and the proper role in labor relations for hired consultants.

The growth of unions in health care raised concern that collective bargaining would impose onerous new burdens on an industry already hard pressed financially. Research indicates, however, that the impact on hospital costs have not been great -- perhaps on the order of an increase of 10 percent over what would be the case in the absence of unions. The greatest effects seem to be in the area of fringe benefits, working conditions, and the provision for grievance machinery.

Special problems have arisen in conjunction with the unionization of registered nurses. This particular category of health care workers occupies a strategic position in the hospital's work force. After a slow start nurse bargaining activity has come rapidly particularly as nonnursing unions such as 1199, SEIU, and the American Federation of Teachers have forced the ANA to respond to their efforts to make inroads among nurses.

Union growth in the industry seems to have stabilized for the time being without the prospect for much change in the remaining years of the decade. Incidence of conflict has been relatively low compared to other industries and this also shows little likelihood of change. While some visible signs of conflict over representation rights still remain collective bargaining is moving rapidly into an era of mutual accommodation.     

Drug testing in the public sector: The role of unions

Not surprisingly, unions have traditionally played an active role in employee drug testing. And, although the U.S. Supreme Court upheld the constitutionality of drug testing in two 1989 decisions, unions have continued to wage challenges to urinalysis under the U.S. Constitution and in the labor arena. As this research shows, federal as well as state and local government unions have had some success in challenging the categories of employees targeted for testing, good faith bargaining over drug testing, and due process and equity violations around testing.     

Toward the year 2000: Issues and strategies for federal labor-management relations

The 1990s are bringing new challenges to the federal labor-management relations process. Unions and management alike are being forced to confront changes in the demographics of the workforce, fiscal constraints and a conservative political climate. This article reports the results of a survey of federal labor relations professionals. The survey was designed to gauge their perceptions of the strategies and structures of the labor relations program in the 1990s. It revealed marked agreement about the issues that are emerging, and optimism about the program's ability to adapt, but showed some disagreement in strategies needed to meet these challenges.     

Organized labor under military rule: the Nigerian labor movement, 1985–1992

This article examines the recent evolution of state-labor relations in Nigeria. The research indicates that the present military regime has maintained neocorporatist relations within the labor movement in order to limit union demands concerning political reform and economic restructuring. In addition, the study claims that the relative exclusion of organized labor from the reform process has undermined union support for the regime’s program of political liberalization. John P. Tuman is a lecturer in the department of labor studies and industrial relations and in the department, of political science at Pennsylvania State University. Currently, he is working on a study of unions and restructuring in the Mexican automobile industry. His other research interests include comparative industrial relations and the politics of developing areas.     

Federal sector union liability for breach of duty of fair representation under title vii of the civil rights act: The problem of legal uncertainty

The duty of fair representation (DFR) was initially formulated by the U.S. Supreme Court in the 1940s to protect racial minorities working in the private sector from discrimination by their unions. More recently, the courts have extended the protections afforded by the DFR to state and local government workers. However, the ability of federal employees to invoke this doctrine, specifically under Title VII of the Civil Rights Act as amended, has not yet been resolved. This article examines the case law addressing this issue and argues that federal employee unions, just as unions operating in the private sector and at the state and local levels of government, should be subject to DFR obligations.     

Communist Legacies, Postcommunist Transformations, and the Fate of Organized Labor in Russia and China

This study aims to generate fresh hypotheses concerning emergent variations in labor politics across postcomunist settings. Although labor may be weak throughout the postcommunist world, a historical comparison of labor politics in Russia and China reveals consequential differences in the extent and sources of union weakness. Taking these differences seriously, the study asks why organized labor in Russia—in spite of a steeper decline in union membership, greater fragmentation, and a conspicuously low level of militancy—wasrelatively more effective in advancing working-class interests during economic liberalization than the growing, organizationally unified trade union apparatus in China. The comparisons suggest that some constraints on organized labor are more malleable than others, allowing for openins where labor can affect outcomes in ways that surprise, if not scare, state and business. Specifically, key differences in historical legacies and in the pace and ynamics of institutional transformation have conferred upon Russian unions key organizational, material, and symbolic resources that Chinese unions do not possess to the same degree. These differences reflect mechanisms capable of generating increasingly divergent prospects for organized labor mobilization over long-time horizons. Calvin Chen is Luce Assistant Professor of Politics at Mount Holyoke College. His research interests include the industrialization of the Chinese countryside, the political economy of East Asia, and labor politics in postsocialist countries. He is presently working on a book on the role of social ties and networks of trust in China’s township and village enterprises. Rudra Sil is associate professor of political science at the University of Pennsylvania. His research interests include the political economy of development, comparative labor relations, postcommunist transitions, Russian and Asian studies, and the history and philosophy of social science. He is author ofManaging “Modernity”: Work, Community, and Authority in Late-Industrializing Japan and Russia (Ann Arbor: University of Michigan Press, 2002) and coeditor ofThe Politics of Labor in a Global Age (New York: Oxford University Press, 2001). He is presently working on a book comparing the evolution of labor politics across postcommunist countries. We gratefully acknowledge helpful comments and suggestions offered by Hilary Appel, Harley Balzer, Ruth Collier, Eileen Doherty, Todor Enev, Tulia Falleti, David Ost, Lü Xiaobo, and three anonymous reviewers on drafts of this article.     

More Rights,Less Power: Labor Standards and Labor Markets in East European Post-communist States

This paper examines changes in labor markets and labor rights for 13 post-communist states of East Central Europe and the Former Soviet Union. It focuses on the simultaneous pressures to increase the flexibility of labor markets and improve labor standards in the years since the collapse of communism. Comparative measures and patterns of both de jure and de facto standards and flexibility are presented, and the roles of key institutional promoters of change are analyzed. I find that a combination of democratic regime type and European Union accession has pulled East European states toward the strengthening of collective labor rights. The effect is strongest on the states that joined the EU in 2004, weaker for those joining in 2007, while the three post-Soviet, non-accession states remain significantly more labor-repressive. Labor market flexibilization has been a more uniform trend in the post-communist region. In the context of this project’s inter-regional comparisons, contemporary Eastern Europe has the strongest labor rights. At the same time, the decline of trade unions and limits of collective bargaining in most post-communist states undermine the effectiveness of transposed EU legislation and bargaining institutions in empowering labor. As shown by the exceptional case of Slovenia, strong unions are necessary to fully enforce rights.     

The Moroccan system of labour institutions: a class-based perspective

Abstract

The relevance of workers’ mobilisations in the 2011 Arab uprisings and – more recently – in the Algerian movement for democracy and social justice has encouraged a renewed interest in labour–state relations in the region. This article presents a class-based perspective on labour institutions, taking Morocco as a case study. In contrast to institution-based approaches, this research argues that it is problematic to treat the trade unions as analytical proxies for the working class, because this heuristic move conceals how class struggles – from below and from above – can transcend and transform labour institutions. The article proposes a framework to study labour–state relations, highlighting the relative autonomy of union officials from workers and vice versa. In this way, it shows how, in the neoliberal phase, the Moroccan state increased inducements to the unions while decreasing those to the workers and maintaining significant constraints on workplace organising. To use a simplified formulation, the regime included the unions to exclude the workers. In such a context of low union representativeness, the dangers of reducing the working class to the trade unions emerge clearly.     

Patriarchal unions = weaker unions? Industrial relations in the Asian garment industry

This paper explores how gender ideologies shape industrial relations in the Asian garment industry. Drawing on ethnographic research, it illustrates how widespread norm perceptions of acquiescent women and assertive men reinforce patriarchal, authoritarian unions. Even if privately critical, women may be reluctant to protest if they anticipate social disapproval. Such beliefs reinforce patriarchal unions, curbing women workers’ collective analysis, engagement, and activism. This weakens the collective power of labour to push for better working conditions. Tackling norm perceptions and building more inclusive unions may help strengthen the labour movement.     

“Time is money,efficiency is life”: The transformation of labor relations in China

The past twenty-five years of economic reform have seen the transformation of labor relations in China, with the widespread adoption of capitalist labor practices by firms of all ownership types. This transformation has occurred in the absence of both large-scale privatization and political change, but was part of a gradual yet dynamic liberalization and “opening up” to foreign trade and investment that occurred across both regions and across types of firms. The first half of this paper details this process of dynamic liberalization that has spawned competition and change in labor practices, including marked increases in managerial autonomy and labor flexibility. This explanation goes beyond the regional emphasis to also examine changes across types of ownership; the gradual liberalization of labor policies and convergence with capitalist practices can only be understood as part of a more general trend ofownership expansion, through the introduction of new types of firms, andownership recombination, which is the fusing of the public and non-state sectors through novel forms of organization. The much-needed panacea to this shift to capitalism—a state regulatory and legal regime that is capable of mitigating its excesses and effective organizations to represent labor—is not yet well established. The second half of this paper explores two institutions, the labor contract system and the official trade union organization, to show how labor relations have shifted dramatically toward flexibility, insecurity, and managerial control. The author would like to thank those who offered comments and criticisms, including Mark Frazier, Jaeyoun Won, Bill Hurst, Jacob Eyferth, Elizabeth Remick, Mark Selden, Ruth Collier, and two anonymous reviewers.     

Can a developing democracy benefit from labour repression? Evidence from Sri Lanka

While a growing body of academic literature casts doubt on the wisdom of authoritarian responses to labour in developing democracies, few empirical studies demonstrate the adverse effects of excluding organised labour from the policy arena or repressing trade unions in the industrial relations arena. This paper draws on the recent history of state–labour relations in Sri Lanka to help fill this gap. Beginning in the late 1970s, the Sri Lankan government adopted a labour-repressive export-oriented strategy of development. The author shows how the repression of private sector unions during this period destroyed the legitimacy of traditional left unions and the structure of institutionalised bargaining that was in place prior to Sri Lanka's authoritarian period. This erosion of the system of institutionalised bargaining eventually led workers to shift their support to more radical, ‘new left’ unions and culminated in a wave of extreme and violent forms of protest that chased away much needed foreign direct investment. The chaotic consequences of the labour repression suggest two primary conclusions: (a) that prior democratic mobilisation may make labour repression untenable over the long term; and (b) that repression may backfire, creating bursts of highly visible and destabilising protest that undermine the developmental objectives of neoliberal reforms.     

Teachers’ strikes in Argentina: Partisan alignments and public-sector labor relations

In a context of increasing teachers’ militancy in Argentina, this article provides the first empirical analysis of teachers’ strikes in all twenty-four Argentine provinces during the 1990s. Using a cross-provincial statistical analysis, it explains the wide variation across provinces and across time of Argentine teachers’ strikes. It demonstrates that political alignments between provincial governors and teachers’ unions explain these patterns better than organizational and institutional variables, which strongly shape public-sector labor relations in other countries. We emphasize the discretion of provincial governors, for both the application of labor regulations and budgetary appropriations in the politicization of provincial public-sector labor relations in Argentina, especially after the decentralization of education resulted in the provincialization of teachers’ protests. Maria Victoria Murillo is associate professor of political science and international affairs at Columbia University. She was previously an assistant professor at Yale University, a Peggy Rockefeller Fellow at the David Rockefeller Center for Latin American Studies, and a Fellow at Harvard Academy for International and Area Studies. She is the author ofLabor Unions, Partisan Coalitions, and Market Reforms in Latin America (Cambridge University Press 2001) and various articles on the politics of market reforms, labor protest, and privatization of public utilities in Latin America. the authors acknowledge the useful suggestions of the editor and three anonymous reviewers, and the comments of Ernesto Calvo, Javier Corrales, Tulia Faletti, Miriam Golden, Frances Rosenbluth, Andrew Schrank, Kenneth Scheve, J. Samuel Valenzuela, James Vreeland; and the participants in the Seminar on Globalization and Labor Struggle at Columbia University, the Latin American Seminar of the David Rockefeller Center for Latin American Studies at Harvard University, the seventh annual meeting of LACEA, and the Business School seminar at Universidad Torcuato Di Tella. M. V. Murillo acknowledges the support of the Yale Center for International and Area Studies and the Carnegie Program for the Study of Globalization, and L. Ronconi acknowledges the support of the CEDI at the Universidad de San Andrés.     

Budgetary politics in the Russian federation:(1) the case: of sakha (yakutia)

This article traces the evolution of center-periphery relations between the Russian federal government and the Republic of Sakha (Yakutia) using an institutional framework. During each of three stages the author identifies a distinct set of institutional parameters that, to varying degrees, determined the powers of federal and regional institutions. Each stage is also identified with a unique central institutional conflict that helped shape the rules of the political games played during that period. From this perspective, institutional change is seen as a major determinant of Russian center-periphery relations. The article concludes that Sakha has had remarkable success in extracting budgetary concessions from the federal government. However, Sakha has been unable to force the federal government to implement all the promises it has made.

Nonetheless, the concessions that Sakha and others have received are significant, and prompt the conclusion that Russia has become a federal state. However, Russia is far from an equal federation.     

Labor Standards and Labor Market Flexibility in the Middle East: Free Trade and Freer Unions?

This paper examines how two, potentially opposing trends—pressure to adhere to international labor standards and movement toward greater labor market flexibility—have affected labor market characteristics in the Middle East. Focusing on 13 countries, the paper presents indices of de jure and de facto labor flexibility and standards in the region. The paper makes two main contributions. First, it develops a typology of post-independence Middle Eastern political economies based on oil dependence and political regime type (including oil monarchies, low-income republics, and low-income monarchies) to explain widely divergent sub-regional trends in labor flexibility and standards. Second, it argues that different actors have spurred changes in labor flexibility and standards in distinct sub-regional political economy groupings. In the low-income countries, the state and domestic business were most instrumental in driving increased flexibility, although unions were able to win concessions in countries where the political system permitted some voice for labor. In the oil monarchies, international pressure, particularly through negotiations over trade agreements with the USA, spurred a trend toward increased labor standards, while domestic programs to indigenize the workforce account for a trend toward decreased flexibility.     

The Emperor’s new clothes: Labor reform and social democratization in Chile

This article analyzes the relationship between political and social democratization in recent democratic transitions by illustrating how the two processes were at odds in the case of labor reform in Chile (1990–2001). Labor reform served simultaneously to consolidate political democracy and slow down the momentum of social democratization. It was a tool for signalling policy change to legitimate the democratic regime, but at the same time leaving the liberal economy intact. The Chilean case calls into question the thesis of a natural progression from political to social rights prevalent in democratic theory, and allows us to generalize about the way marketization places limits on democratic deepening. The article first discusses what would be appropriate criteria of social democratization considering contemporary labor issues and labor relations in Chile. It then investigates the political process of labor reform. Ongoing legal debates through the 1990s show the extent of path dependence set in motion by the timid nature of the first social reforms in Chile’s new demoncracy and their muting effect on citizenship. Louise Haagh obtained her doctorate from the University of Oxford (St. Antony’s College) in 1998, and for the next three years held a British Academy Postdoctoral Research Fellowship at the College. In 2001 she began a lectureship at the University of York.     

Labor union strength and human development in East Asia and Latin America

Ordinary least squares multiple regression is used to test the impact of labor movement strength on growth, income distribution, and premature mortality in sixteen East Asian and Latin American countries. Labor movement strength is measured by a new index based on information from the International Labour Organisation. Controlling for other relevant variables, the Labor Strength Index is found to have a weak positive effect on growth, a weak negative effect on income equality and on infant survival and life expectancy levels, and a strong negative effect on infant survival and life expectancy progress. One reason for the negative overall effect of labor strength on human development may be that unions, together with actors representing better-off urban groups, often induce governments to enact urbanbiased and formal sector-biased policies that contribute to the neglect or impoverishment of the rural poor and shanty-town dwellers. James W. McGuire is associate professor in the Department of Government, Wesleyan University, Middletown, CT, 06459. He is the author ofPeronism Without Perón (Stanford University Press, 1997) and of articles on parties, unions, and strikes in Argentina; transitions from authoritarianism in Latin America; and development in East Asia and Latin America.     

Something Must be Done-Military Intervention

In the late twentieth century, the United States' federal government responded to the threat of terrorism by passing a wide range of counterterrorist laws. The vigor that accompanied these initiatives echoed at a state level where, virtually unnoticed, states passed similar legislation. This article examines state measures in three areas: the funding of foreign terrorist organizations, the use or threatened use of weapons of mass destruction, and definitions of terrorist activity. While these statutes, as a legal matter, may not violate any specific federal provisions or constitutional prohibitions, they raise important questions about federal supremacy in foreign affairs and the constitutional protections afforded citizens. More significantly, as a policy concern, these provisions threaten America's ability to speak in one voice, introducing divisions into the domestic realm and diminishing the ability of the federal government to negotiate with foreign states and organizations. They also mask an appropriate role for the states in fighting terrorism. Both the policy implications and legal considerations suggest that such measures may ultimately undermine America's ability to counter the terrorist threat.     

New Unionism? Teacher Unions,Social Partnership and School Governance in England and Wales

Abstract

In the post-war period teacher unions in England and Wales have experienced considerable turbulence regarding their participation in the structures of system governance. Participation in governance had traditionally been conducted through the processes of collective bargaining until the abolition of national negotiating rights in 1987. After an extended period of exclusion from governance networks this situation was reversed in 2003 following the establishment of a ‘social partnership’ between employers and education unions. This article draws on data from the Economic and Social Research Council funded project ‘Workforce remodelling, teacher trade unions and school-based industrial relations’ to assess the significance of the social partnership for system governance. It combines empirical data from England and Wales with research frameworks drawing on teacher union research in the USA to contrast social partnership with collective bargaining and to assess whether social partnership working represented a genuinely new approach to governance and, in turn, a form of ‘new unionism’.     

Divergent Outcomes of Labor Reform Politics in Democratized Korea and Taiwan

This article seeks to explain the conditions that determine the divergent fates of union actors under democratic governments by examining union activism around four labor reform episodes (union rights recognition, wage increases, workweek reductions, and job protection/anti-privatization) in democratized Korea and Taiwan. This study first describes that labor reform politics in these two new democracies involved contrasting processes and produced divergent outcomes. Korean unions that have resorted to contentious mobilization have been more successful in areas where their sheer mobilizing strength matters (such as company-level bargaining of wages and other material benefits), but less successful in national policy reforms. On the contrary, Taiwanese unions have been more effective in securing labor policy concessions, while obtaining less drastic changes at the company-level gains. This article contends that these divergent outcomes for unions’ gains would not have been possible without the differences they faced in the degree of permeability within their respective formal political institutions and partisan interests that draw these unions into these labor reform politics.