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Assess the significance for employees of the decline in trade union recognition and collective bargaining

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European law

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  1. Introduction
  2. Law governing trade union recognition and collective bargaining
  3. Causes of decline in union recognition and collective bargaining
  4. Garvin's model of the learning organization
  5. Conclusion
  6. Bibliography

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. [...]

[...] Therefore this would suggest that the interrelationship of economic expansion in the private sector, employee sympathetic legislation and a shift in management culture towards employee co-operation initiatives has actually resulted in the strengthening of an employee's position in the contemporary workplace notwithstanding the decline in union recognition and collective bargaining. In turn, this supports Brown and Nash's argument that the economic backdrop of an organization is a key factor in union membership (2004). However, whilst the wave of employee oriented legislation may theoretically operate towards addressing the potential negative impact on employee rights as a result of declining union recognition; it is submitted that such a proposition arguably ignores the potential ramifications for employees in the public sector. [...]

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