Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.

The 1970s are of particular relevance for understanding the socio-economic changes still shaping Western societies today. The collapse of traditional manufacturing industries like coal and steel, shipbuilding, and printing, as well as the rise of the service sector, contributed to a notable sense of decline and radical transformation. Building on the seminal work of Lutz Raphael and Anselm Doering-Manteuffel, Nach dem Boom, which identified a "social transformation of revolutionary quality" that ushered in "digital financial capitalism," this volume features a series of essays that reconsider the idea of a structural break in the 1970s. Contributors draw on case studies from France, the Netherlands, the UK, the US, and Germany to examine the validity of the "after the boom" hypothesis. Since the Boom attempts to bridge the gap between the English and highly productive German debates on the 1970s.

Local government employees have a higher propensity to engage in collective bargaining than do private sector employees. This springs from the tight competition in the local budgeting process among those requesting, paying for, and providing services. Spengler looks at this trend using a fiscal discontent hypothesis. This approach suggests that the taxpayer revolts during the 1970s and 1980s limited the budget discretion of elected officials and forced public sector employees to turn to collective voice and action to better compete for scarce public resources.

Two levels of employee collective voice are examined: the weaker form of organizing and the stronger collective bargaining model. Substantial differences in the use of each are analyzed based on employee occupation, state, and type of local government. Scholars, business practitioners, policy makers, and researchers in public administration, labor relations, public policy, and local government will find this study an important contribution to understanding the phenomenon of organized collective voice.

This provocative book makes the case that trade unions must intervene in economic restructuring in order to halt the erosion of job quality in today's economy. The author, who is a professor at the Kogod College of Business Administration at The American University in Washington, D.C., specializes in labor-management relations and the social responsibilities of business and has brought both of these disciplines into focus for this book. Jacobs forcefully argues that collective bargaining is not merely a means to determine wages and benefits, but is also a powerful social tool that can move the corporation toward more socially responsible and responsive forms. While American unions are currently very weak, their regeneration should be a matter of public concern.

Jacobs considers shopfloor organization, health-care delivery, and public education in the United States, as well as the process of democratization in Poland and South Africa, and explains how transformational bargaining by trade unions may promote favorable outcomes. The author explores the conventional wisdom in industrial relations theory and argues that business unionism, which focuses on bread and butter, is not an adequate model for American labor. Instead, unions can and must negotiate profound change in organizations. Unions can win bargains that preserve jobs, alter product lines, extend ownership, and redraw organizational boundaries. These possibilities are illuminated in case studies on such topics as auto manufacturing, public schools and Italian unionism.

This unique study of labor relations and the phenomenon of peripheral bargaining focuses on the high-profile and bitter dispute at the "New York Daily News" in 1990. Using a dramatic case study involving one of New York City's oldest newspapers, 10 entrenched unions, the Chicago Tribune Company, publishing magnate Robert Maxwell, and 1.2 million "Daily News" readers, Kenneth Jennings provides systematic and extensive analysis of a rancorous collective bargaining effort, revealing a new development in labor-management relations; peripheral bargaining. This development threatens to erode the well-established practice of traditional bargaining and usher in a new, more hostile labor-management era.

Bognanno and Coleman offer the most comprehensive, current, and valuable work on arbitrators and their professional practice. The contributors to this volume describe paths of career entry, compensation, demographics, market conditions facing arbitrators, and caseloads. The empirically based findings are drawn from a representative sampling of all the nation's arbitrators and afford a previously unavailable picture. The reader gains important insights into these decisionmakers' backgrounds, career development, arbital experiences, and aspirations.

This work is especially important because many of the arbitrators' characteristics, which are captured and described herein, are seen to be enduring or open only to change over an extended time period. The material, fascinating in its detailed analysis of a vital but surprisingly unstudied profession, presents a rich analysis of an occupation that has played a societal role of major significance from earliest times. A work, accordingly, of widespread interest and value relating to the ever fertile fields of dispute resolution.

Royo examines how national-level social bargaining was established in Portugal and Spain during the last two decades, despite unpropitious institutional and structural conditions. He argues that this development was the result of the reorientation of the strategies of the social actors. With their support for these macro-economic agreements labor unions sought to participate in labor and economic reforms and avoid the implementation of unilateral policies on the part of governments, while mitigating the decline in their bargaining power at the workplace level. In addition, Royo contends that a process of institutional learning and increasing autonomy by unions from political parties, particularly in Spain, have further enhanced social dialogue and led the social actors to conclude that previous confrontational strategies were detrimental to the interests of their constituencies and threatened their own survival. Royo claims that the emergence of new institutions to promote tripartite social bargaining in both countries resulted in the institutionalization of the bargaining process and contributed to a transformation in the pattern of industrial relations. Of particular interest to scholars and researchers involved with Iberian politics, labor, and political economy.

In this study, labor economist Henry Schechter concludes that there is a need for greater international prohibitions and for keeping open channels for collective bargaining for higher wages. He presents an analysis of recent changes in the United States and elsewhere, highlighting the spread of automated production technology to lesser developed, low-wage areas of the world, which leads to global demand-supply imbalances and downward pressure on wages. This circumstance, he charges, is aggravated as multinational corporations affiliate with one another, lessening competition and increasing monopolistic influences worldwide. This work will be of interest to the scholars and policymakers in academia, government, business, and the labor movement concerned with fiscal and labor economic policies.

This book examines the escalation of an organizational conflict to one of the most talked about industrial crises of the past decade: the demise of Eastern Airlines. Through an analysis of the messages exchanged by some of its key participants--the representatives of the pilots and management of Eastern--this study attempts to explain how and why some 4,000 men and women walked away from high-paying glamour jobs and toppled an institution. The book is not an evaluation of the economic climate or financial events that put Eastern into a critical bind; instead, it is an analysis of the human cost of an organizational tragedy that might possibly have been avoided.

The results of the study support communication theory that predicts that when an agitative group bearing the characteristics of the pilots of Eastern Airlines conflicts with an establishment such as Eastern's management under Frank Lorenzo, the establishment can always successfully avoid or suppress agitative movements. This work will be of interest to scholars and practitioners in industrial relations, labor-management studies, corporate communication, and American industrial history.

Almost half of government employees are represented by labor organizations, and public-sector unions act as a significant force in the effective operation of government and can exert substantial control over labor costs and procedures in the workplace. The response by state and local officials has varied greatly, with collective bargaining frameworks existing as a patchwork of experiments--from mandated collective bargaining to outright prohibition. While their policy actions seem to recognize the benefits of bilateral negotiation, the spectre of service disruption continues to haunt them. Because public-sector bargaining is a recent development, policy analysts lack a firm handle on policymaking in this sphere. Piskulich examines the dimensions of state and local public-sector labor policy and explores policies that enable policymakers to manage the collective bargaining process in line with their goals.

This study looks at the three questions most crucial to policy efficacy: what governments do; why they do it; and what difference it makes. Three central findings emerge from the issue of what governments do. The evidence indicates increasing enactment of labor policy over time across subnational jurisdictions. Policy across occupations is stable, though there are important differences in the willingness of the employer to tolerate strikes and resolve impasses. Third, it appears that policy actors make three distinct sets of decisions: basic policy; the availability and mechanics of the arbitration mechanism; and the degree to which they provide public unions with institutionalized union security. The answer to why they do it hinges on factors of ideology and policy; the effects are mitigated when unionization is considered. What difference it makes, examines two variables in particular: unionization and service disruption. Piskulich reaches three conclusions: that a majority of subnational jurisdictions see value in collective bargaining for their public employees, that unions can help themselves, and that unionization and disruption vary with policies implemented. These findings provide insight into the larger questions on the role of organized labor in American democracy.

First published in 1993, this title explores the underlying ideologies and decision-making procedures that codify the rules of the post-World War II liberal, now defunct Soviet socialist, mercantilist and South preferential trade regimes. Food Fights presents a rich case study and rigorous data analysis of organised agrictultural trade that uncovers similarities between these diverse economic systems and identifies the principle trends governing the new global economy.

Social scientists have not helped the working class make strategic deci sions. Unionists need to know how to carry on industrial conflict so as to provide concrete economic benefits for their members. Should unions strike or not strike? Should losses be avoided at all costs, or can unions afford to take chances? Does economism gut the class power of workers or provide a pragmatic strategy for increasing workers' wage gains? We can say with great confidence that workers should join unions; there is now an exhaustive and compelling literature demonstrating that union membership provides a wide variety of economic benefits. We can say that corporatist class compromises lower income but increase job security and overall employment. Beyond that, however, we cannot say much. In particular, we can do little to advise particular unions in partic ular fixed institutional and political environments how they should han dle the microtactics of individual confrontations. The United Farm Work ers do not need a speech about the miracle of the Swedish industrial relations system. They need to know whether they should strike or not strike, and how their tactics should change if rival Teamsters come into the field. Unfortunately, medical research often has to start with rabbits be fore it proceeds to humans, and so it is with research in industrial conflict. The realistic prospects of doing a large sample analysis of con temporary American wage settlements that simultaneously estimates the effects of union tactics and economic factors are poor."

After reviewing the rise and decline of the UK system of industry wide collective bargaining, the authors use five detailed case studies to examine the process of decentralising bargaining from industry to single employer level. In each industry management's reasons for withdrawal, the union response, details of the new structures and the experience of operation of the new system are analysed. Finally, the five industries are compared and contrasted and lessons for employers and unions in other industries are drawn.

Henry George (1839-1897) rose to fame as a social reformer and economist amid the industrial and intellectual turbulence of the late nineteenth century. His best-selling Progress and Poverty (1879) captures the ravages of privileged monopolies and the woes of industrialization in a language of eloquent indignation. His reform agenda resonates as powerfully today as it did in the Gilded Age, and his impassioned prose and compelling thought inspired such diverse figures as Leo Tolstoy, John Dewey, Sun Yat-Sen, Winston Churchill, and Albert Einstein. This six-volume edition of The Annotated Works of Henry George assembles all his major works for the first time with new introductions, critical annotations, extensive bibliographical material, and comprehensive indexing to provide a wealth of resources for scholars and reformers. Volume VI of this series presents A Perplexed Philosopher (1892), Henry George's devastating critique of Herbert Spencer's changing views on the land question after he achieved fame as the author of the "Synthetic Philosophy." Social Statics (1850), Spencer's first major work, affirms an equal right of all to the use of the earth. By the early 1890s, Spencer had recanted this view in such works as Justice (1891) and an abridged version of Social Statics (1892). This betrayal of principle by Spencer provoked George to write A Perplexed Philosopher. In this volume George's original text is supplemented by critical annotations and an extensive topical bibliography. A comprehensive index covers all six volumes in the series. The introductory essay by Dr. Joseph Milne, "Social Evolution and Moral Sophistry," provides the cultural and philosophical context for George's critical analysis of Spencer's tortuous abandonment of the principle of equal freedom with respect to its application to the use of nature and the furtherance of equal opportunity for all. In A Perplexed Philosopher, George employs his considerable logical acumen to reveal Spencer's multiple inconsistencies and confusions when it comes to the land question. Spencer did not respond in a systematic fashion to George's critique. The few comments that he did make show that his understanding of the movement which George inspired was quite limited. Henry George wrote A Perplexed Philosopher in order to correct the many confusions about the land question by a major nineteenth century philosopher. In doing so he made a significant contribution to such topics as the issue of compensation, when a wrongful entitlement is taken away from a privilege-holder, and tendency of towards materialistic positivism. A Perplexed Philosopher reveals some fundamental differences between George's philosophical outlook and other prevailing views in the nineteenth century. A Perplexed Philosopher is not only a major contribution to nineteenth century scholarship with regard to the relation between humanity and nature, but it also illuminates a stark contrast between George's animating philosophy of equitable reform and Spencer's philosophy of the status quo.

I Hear What You Say, But What Are You Telling Me? is a fascinating, original, and invaluable tool kit filled with practical information and techniques for mediators who want to use nonverbal communication to their strategic advantage. Employing a proven process, Barbara Madonik--communication expert, mediator, and international consultant--reveals what it takes to understand, analyze, and utilize nonverbal communication to greatly enhance the mediation process.

This book explores the politics of localism, drawing on the work of groups in three communities in post-industrial Nottinghamshire. "Third Way" politics gave a high priority to local participation, seen as a way of rebuilding social networks, and shifting welfare provision from the state onto civil society. However, under increasingly difficult conditions of austerity, significant contradictions emerge between the aims of entrenching new markets for service provision, and reviving communities and democratic participation. Exploring in depth community organisers' understandings of political economy and its local effects, and the governance practices which set the frameworks for fiercely independent community groups, the book outlines the forms of politics which emerge. This includes a challenge to the dominant thinking of the 'neoliberal consensus', but also frustration and a sense of political communal loss which has left these communities alienated from both national politics and the often-unattainable benefits of global mobility - an alienation which makes the Brexit vote of 2016 explicable as the disruptive outcome of a slow-burning political crisis of long duration.

Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs' cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive "equal justice under law." This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.

This groundbreaking work offers a first-of-its-kind overview of legal informatics, the academic discipline underlying the technological transformation and economics of the legal industry. Edited by Daniel Martin Katz, Ron Dolin, and Michael J. Bommarito, and featuring contributions from more than two dozen academic and industry experts, chapters cover the history and principles of legal informatics and background technical concepts - including natural language processing and distributed ledger technology. The volume also presents real-world case studies that offer important insights into document review, due diligence, compliance, case prediction, billing, negotiation and settlement, contracting, patent management, legal research, and online dispute resolution. Written for both technical and non-technical readers, Legal Informatics is the ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.

A practical 'how to' book for managers and employee representatives. The book identifies a range of skills and techniques and uses 16 short case studies to illustrate the points made based on the author's 30 year experience of employment relations. It gives a step-by-step guide to a negotiation using traditional collective bargaining. Areas covered include preparation for the negotiation, questioning techniques, dealing with aggression, how to identify and respond to 'dirty tricks' used by negotiators, how to negotiate when faced with a collective dispute, and a review of new methods of Alternative Dispute Resolution (ADR). In addition, an appendix contains a simple self-assessment tool for negotiators.

Exploring and critiquing various methods of mediation, this innovative book critically develops a new explorative practice in the field. Considering ways in which mediators may influence disputing parties, especially in the workplace where mediators are paid to intervene, Explorative Mediation at Work questions the common claim that mediation is a neutral intervention. The difference between offering minimally intrusive support and acting to secure a containment and even suppression of workplace conflict is heavily dependent upon a mediator's practices. At worst, engineering resolution may tarnish mediation's reputation for impartiality. At best, mediation can win the trust of parties in conflict, facilitate a democratic engagement and be of real benefit to organizations. This book aims to demonstrate the latter in proposing a practice that supports parties to seek out dialogue from which relationships may be rebuilt and practical problems resolved.

Workplace compensation has become an industry unto itself. What are its relations of production and role in contemporary capitalism? In Lost-Time Injury Rates Rodrigo Finkelstein examines the information-intensive operations of recording and processing work-related accidents, diseases and fatalities carried out by Workers' Compensation Systems. Situated within the field of political economy of information, this critique contributes to the understanding of how injury rates service a specific sector of the economy by constructing lost labour power for sale. Finkelstein convincingly argues that injury rates must be seen as grounded in the capitalist mode of production, and that they constitute a historical social relation that, by taking the semblance of inductive indicators, conceal specific capitalist relations that bring about the exchange and distribution of lost labour power among capitalists and wage labourers.

The Commonwealth of Australia was federated in 1901. Only three short years later the Federal Government established a court system to arbitrate over industrial disputes in a young country that already had a history of half a century of organised labour. This 2004 book is a thematic history of an important Australian institution, the federal conciliation and arbitration system, on the occasion of its centenary. The various chapters written by leading scholars deal with the system's political history, the work of the tribunal, the legal framework, economic and social effects, the effects on indigenous and women workers, the role of employers associations and unions, and the management of industrial conflict. It is a story rich in drama involving strikes, lockouts, imprisonment of union officials, noisy protests in courtrooms and in the streets, momentous High Court judgements, and the rise and fall of governments.