Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

Look at Detroit: The United Auto Workers and the Battle to Organize Volkswagen in Chattanooga

ABSTRACT

On February 14, 2014, workers at Volkswagen’s new plant in Chattanooga, Tennessee, voted 712 to 626 against being represented by the United Automobile Workers of America (UAW). The result capped one of the most high-profile organizing campaigns of recent years, with most media accounts anticipating a UAW victory, especially as VW had declared that it would not oppose the union. The VW election is also now attracting scholarly interest, with accounts stressing the role of external opposition – especially from conservative politicians and lobby groups – along with the UAW’s over-reliance on partnerships with German actors. Providing a detailed analysis of the campaign, this article recognizes the importance of these factors, but also argues that an important role was played by the UAW’s strong association with the domestic automakers, and especially with Detroit, their historic base. Citing the fact that foreign automakers had expanded since the 1980s while the domestics had contracted, opponents effectively linked the UAW with economic decline. These arguments swayed many workers. Placing the VW story within the broader struggle of the UAW to organize a foreign-owned auto plant, the article also stresses structural obstacles, especially the location of Greenfield plants in areas of low union density.     

英国劳动制度改革及其对劳资争议处理的影响

自1950年代,英国的劳动制度改革经历了从“自愿主义”到“新自由主义”为指导原则的转变.1997年新工党执政以来,劳动制度的改革在“新自由主义”的继续影响下,反映出政府试图能够在经济效率与工人发言权之间找到平衡.然而,严格的法律规制使劳动争议的处理在实际操作中陷入了困局,并导致新的更加灵活的劳资争议处理方式受到广泛认同.这说明英国劳动制度的改善需要兼顾规范性和灵活性两个方面,才能成为真正调节劳动关系,处理劳资争议的有效手段.     

Legal empowerment of the poor: with a little help from their friends?

In 2005 the initiative to create a High Level Commission on the Legal Empowerment of the Poor, to be co-chaired by Peruvian economist Hernando de Soto and former US Foreign Affairs Secretary Madeleine Albright, was launched with strong support from the Norwegian government. This article first reviews some of the debate surrounding the initiative, giving special attention to the role of Norwegian civil society organisations that questioned central assumptions of the Commission as well as its composition and working procedures. Next, the article looks at the propositions made by the Commission on the Legal Empowerment of the Poor and argues that it was very much a top-down affair that called on those in power to behave in favour of the poor and relegated organisations of the poor and civil society to a supportive role. Issues of political power thus were downplayed. This also is reflected in the fact that the question of (re)distribution of assets is hardly addressed by the Commission. Questions of power or the distribution of assets were sidestepped by focusing primarily on the legal dimension and formalisation. And, although the Commission mentions macro-economic conditions it fails to critically analyse the conditions that account for poverty and informality, which basically are attributed to legal arrangements. Such an analysis would require a (critical) political economy perspective.     

Turkey – from tutelary to delegative democracy

Guillermo O’Donnell’s influential work ‘Delegative Democracy’ set the discourse on a peculiar type of democracy. Lying between representative democracy and authoritarianism, the uniqueness of delegative democracy lies in its features, including an absence of horizontal accountability, strong centralised rule, individual leadership with unchecked powers, a cult figure embodying the nation and clientelist practices. While delegative democracies seem to arise out of presidential systems, Turkey, though a parliamentary system, has also displayed the distinctive features of delegative democracies. This paper identifies three characteristics of delegative democracy, which are responsible for the lack of democratic consolidation, if not the erosion of democracy itself: anti-institutionalism, an anti-political agenda and clientelism. Arguing that delegative democracy is the best concept with which to examine contemporary Turkey, the paper lays out how, post-2011, Turkey has demonstrated the three elements of delegative democracy. The final section discusses the implications of the Turkish case for scrutinising the very possibility of delegative democracy in parliamentary regimes.     

Goals and tactics of President Gerald Ford's ethnic politics

This article analyzes initiatives of Gerald Ford's presidential administration toward nationalities or the so-called white ethnics against the backdrop of the legacy of Richard Nixon and the Republican Party's ethnic politics of the 1960s. Using archival and interview materials, it demonstrates that Gerald Ford intended to improve the relationship between the President's office and the ethnics who were involved in the Republican Party's structures. He consciously tried to respond to ethnics’ political concerns and even created a special position on his staff for working with the nationalities. While in office and during the election campaign of 1976, Ford succeeded in engaging the ethnics and in demonstrating his will to address their needs on the domestic “front.” He failed, however, to fully appreciate the importance of foreign policy to the nationalities. The article proposes that today, as in the 1970s, the American political establishment would benefit from recognizing international issues as crucial elements of white ethnics’ or nationalities’ political behavior.     

The political economy of ‘flex trees’: a preliminary analysis

With the rise of ‘bioeconomy’, trees are receiving increasing attention. This contribution conducts a preliminary analysis of the trajectories and the main drivers of change in the rise of new, flexible and multiple uses of trees. It assesses the political dimensions involved in this transformation, which is simultaneously ongoing, anticipated and imagined. Notes are offered on the issues to be considered when the flex-crop framework is operationalized to include the study of trees, and additional conceptualizations that help in analyzing the political economy of tree uses are provided. Areas needing further empirical study are identified and a preliminary research agenda is suggested. The flexible and multiple use of trees and tree-derived commodities is having a large impact on power relations in the global political economy of forestry and the forest industry, the asymmetry of which is based on who is best able to flex or de-multiply, thereby controlling commodity webs and processing technology. It is argued that while flexing seems to increase diversity, in practice it typically increases this only for the processing industry; the converse occurs in terms of the unification of the productive base into monocultures. However, these two processes go hand in hand, and illustrate how flexing is a deeply capitalist process.     

The Muslim uprising in Ajara and the Stalinist revolution in the periphery

In 1929, local officials in the mountainous region of upper Ajara in the Georgian Soviet Socialist Republic (SSR) pursued aggressive policies to force women to remove their veils and to close religious schools, provoking the Muslim peasant population to rebellion in one of the largest and most violent of such incidents in Soviet history. The central authorities in Moscow authorized the use of Red Army troops to suppress the uprising, but they also reversed the local initiatives and offered the peasants concessions. Based on Party and secret police files from the Georgian archives in Tbilisi and Batumi, this article will explore the ways in which local cadres interpreted regime policies in this Muslim region of Georgia, and the interaction of the center and periphery in dealing with national identity, Islam, gender, and everyday life in the early Soviet period.     

Unfulfilled promises of the consultation approach: the limits to effective indigenous participation in Bolivia’s and Peru’s extractive industries

Indigenous peoples’ right to prior consultation and to informed consent represents the basis of the new global model shaping state–indigenous relations. Consultation processes promise to enable indigenous people to determine their own development and are especially promoted when extraction projects with significant socio-environmental impacts are planned on indigenous lands. In this article we draw on debates on participatory development in order to analyse the first state-led consultations in Bolivia’s and Peru’s hydrocarbon sectors (2007–14). The analysis shows that effective participation has been limited by (1) an absence of indigenous ownership of the processes; (2) indigenous groups’ difficulties defending or even articulating their own visions and demands; and (3) limited or very general outcomes. The study identifies real-life challenges, such as power asymmetries, a ‘communication hurdle’ and appropriate timing – as well as simplistic assumptions underlying the consultation approach – that account for the unfulfilled promises of this new model.