Trade Unions, Collective Bargaining & Equality at Work Edmund Heery
Objectives Employment law Employer action Civil regulation Collective bargaining –Evidence of equality bargaining –Conditions for equality bargaining –Relationship of bargaining to law
Evidence for equality bargaining Trevor Colling & Linda Dickens: Equality Bargaining – Why Not? EOC (1989) Relative absence of equality bargaining –Conservatism & parochialism of bargaining –Absence of bargainers attuned to equality
Evidence 1.Cardiff survey of union officers, 2002 Bargaining over equal pay Substantial minorities report recent bargaining Access to information on gender pay rates (45%) Introduction of equal value JE (42%) Training in equal pay for lay reps (42%) Revision of existing JE scheme (37%) Written equal pay policy (34%) Regrading of women-dominated jobs (32%) Written equal pay audit/review (29%)
Evidence 2. Hoque & Noon analysis of WERS 04 –Impact of bargaining on strength of EOP –Incidence of bargaining on equality 3.6% workplaces; 16% of unionised workplaces –Bargaining associated with stronger policies on Recruitment Promotions Pay
Evidence Studies of union wage effects (Metcalf 2005) –Union recognition for collective bargaining associated with higher relative wages for: Women workers Non-white workers Workers with disability –Effects generated by unions compressing pay distribution from below
Conditions for equality bargaining Bargainers –Experience, training, specialisation & commitment Unions –Link between bargainers & equality officers & structures Institutions –Centralized bargaining –Formal committees/structures within organizations
Conditions Opportunity –Public service employment Civil Service & local government –Changes in law
Equality bargaining and the law Recent tensions –Representation Trade unions versus private legal representatives –Resolution Balancing employer-worker & worker-worker interests versus compensating fully for discrimination –Overt conflict Allen & others versus GMB
Equality bargaining and the law Law as a resource for unions –Pattern bargaining Diffusion of strategic cases through bargaining –Statutes as bargaining platforms Exceeding minima through collective agreements –Statutes as bargaining levers Threat of legal action/non-compliance
Equality bargaining and the law Unions and the mediation of law –Compliance Monitoring employer behaviour; negotiating policies & procedures –Enforcement Informing workers of rights; sponsorship of cases –Participation Equality duties and duty to consult