The Experts below are selected from a list of 87 Experts worldwide ranked by ideXlab platform
Geenen Kristien - One of the best experts on this subject based on the ideXlab platform.
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Lost in translation and trapped in political dynamics: A Congolese union delegation in a Chinese company
2018Co-Authors: Geenen KristienAbstract:peer reviewedaudience: researcher, professional, studentThis presentation deals with union presence in a Chinese mining company in the Democratic Republic of Congo. Although the company exists since 2007, it took ten years before the management met with a prerequisite stipulated in the Congolese national Labor Law and installed a union delegation. In doing so, however, it did not respect the appropriate procedure – since the delegation was appointed by the management, and not voted by the workers – leading to a union delegation which the workforce does not back. Not unexpectedly, the company’s workers rejected the collective agreement that their union representatives had negotiated. The ensuing social unrest culminated in a three-day Strike pulled off by the workers. Exploring cause and effect of this Wildcat Strike, this presentation offers an insight into the way the differing cultural backgrounds of the Chinese and Congolese, officers and workers alike, lead to considerable noise during communication, not hindered by dubious software translations. And in this ongoing miscommunication, the union delegation’s power seemed completely dwarfed. The political context of this social malaise in the mining company, is crucial as well. With elections coming up, different levels of governance had conflicting goals in mind. As such, the urban and provincial authorities were stuck between the disgruntled local workers (their voters) who claimed improved labor conditions, and their superiors at national level who were all too hesitant to ruffle the feathers of the Chinese investors, given that the latter’s infrastructural works polished their imageWORKININMININ
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Lost in translation and trapped in political dynamics: A Congolese union delegation in a Chinese company
2018Co-Authors: Geenen KristienAbstract:This presentation deals with union presence in a Chinese mining company in the Democratic Republic of Congo. Although the company exists since 2007, it took ten years before the management met with a prerequisite stipulated in the Congolese national Labor Law and installed a union delegation. In doing so, however, it did not respect the appropriate procedure – since the delegation was appointed by the management, and not voted by the workers – leading to a union delegation which the workforce does not back. Not unexpectedly, the company’s workers rejected the collective agreement that their union representatives had negotiated. The ensuing social unrest culminated in a three-day Strike pulled off by the workers. Exploring cause and effect of this Wildcat Strike, this presentation offers an insight into the way the differing cultural backgrounds of the Chinese and Congolese, officers and workers alike, lead to considerable noise during communication, not hindered by dubious software translations. And in this ongoing miscommunication, the union delegation’s power seemed completely dwarfed. The political context of this social malaise in the mining company, is crucial as well. With elections coming up, different levels of governance had conflicting goals in mind. As such, the urban and provincial authorities were stuck between the disgruntled local workers (their voters) who claimed improved labor conditions, and their superiors at national level who were all too hesitant to ruffle the feathers of the Chinese investors, given that the latter’s infrastructural works polished their imagePeer reviewe
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On Sell-outs and Strikes: The repertoire of resistance of a Congolese union delegation in a Chinese mining company
2018Co-Authors: Geenen KristienAbstract:Chinese entrepreneurial initiatives in Central Africa have attracted a lot of scholarly attention (among others, Jansson 2012, 2013 and Lee, 2009, 2014, 2018). This presentation connects to this stream of literature and deals with union presence in a Chinese mining company in the Congolese Copperbelt. Not familiar with free and democratic trade unionism in their home country, it took the Chinese management ten years to toe the Congolese government line and allow union representatives at the company. In doing so, however, the management did not respect the appropriate procedure but appointed the union delegation rather than have it elected by the employees. Not unexpectedly, the company’s workers rejected the collective agreement that “their” union representatives had negotiated with the management and pulled off a three-day Strike. The striking workers hereby completely bypassed the union delegation, reflecting their deep distrust of the unionists. Exploring this Wildcat Strike in a comprehensive manner, this presentation offers an insight into the way the divergent cultural backgrounds of the Chinese and Congolese, officers, unionists and workers alike, led to serious miscommunication during these days of social unrest. I outline how, during the walkout, the union delegation turned out a spent force rather than an energetic means in defence of optimum working conditions. The political context of this social malaise is of importance too. With elections coming up, the governmental authorities at different levels had conflicting goals in mind. In short, based upon ethnographic fieldwork, this presentation analyses the manifestation of social unrest in a Sino-Congolese joint-venture in the Congolese Copperbelt, and scrutinizes the signification of the union delegation in this matter.Peer reviewe
Philip F Rubio - One of the best experts on this subject based on the ideXlab platform.
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after the storm postal politics and labor relations following the 1970 u s postal Wildcat Strike 1970 1981
Employee Responsibilities and Rights Journal, 2018Co-Authors: Philip F RubioAbstract:A common misconception of the 1970 United States postal Wildcat Strike views it as a remarkable grassroots mass activity that nonetheless exhausted itself after 8 days. As the picket lines faded, this master narrative holds, postal unionists returned to work while elected union leadership returned to Capitol Hill to lobby and negotiate, help reorganize the post office and reshape postal policy. In fact, there is much more complexity to the post-Strike decade, including localized Wildcats; Strike threats; contentious collective bargaining; the NALC slapping (then withdrawing) a trusteeship on its largest, most militant branch; and insurgent reformists ascending to national leadership in the NALC and APWU. Far from being a one-off, I argue, the 1970 Strike represented the beginning of a new “democratic movement culture” among postal unionists that used historical experience and memory of the Strike to maintain pressure on the USPS and its unions to reform themselves.
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organizing a Wildcat the united states postal Strike of 1970
Labor History, 2016Co-Authors: Philip F RubioAbstract:AbstractThis article, part of a larger work in progress, uses archives, key secondary sources, and oral histories from participants in the 1970 United States postal Wildcat Strike for better pay and working conditions to argue that this was a monumental event both unique and representative of the times. It was a rank-and-file effort that began in New York City – with a history of labor militancy – and rapidly spread across the country. The Strike defied federal statute outlawing federal employee Strikes, and also union leaders who opposed striking. A spike in 1960s hiring of blacks, veterans, women, and young people, combined with established labor unity tradition, a nationwide workplace and long-simmering frustrations produced the Strike. But its dual character (both spontaneous and organized by local union officials and activists) allowed it to grow and maintain for eight days with no central coordination. Besides winning a living wage, the Strike triggered the transformation of the US Post Office Depar...
Butjie, Boitumelo Cordelia - One of the best experts on this subject based on the ideXlab platform.
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The effect of the Marikana events on the collective bargaining process in South Africa
'Faculty of Law University of Tasmania', 2017Co-Authors: Butjie, Boitumelo CordeliaAbstract:The basic structures of collective bargaining in South Africa have evolved since industrialisation, through the Wiehahn-Commission era until the Farlam one and beyond, resulting in a number of legislative changes from 1924 to 2014. While dealing with collective bargaining, it is not possible to divorce the powerful history of mining from the South African story, from the diamond fields in Kimberley to the discovery of gold on the Witwatersrand in 1886, where the mine employees’ focused on cheap, unskilled labour and migrant system in the 1900s to the tragic events at Marikana in 2012. In the advent of the industry revolution, employment relationships changed as competitive demands placed a great need for advancing economic developments which are often expressed through collective-bargaining. The objective of collective bargaining is to arrive at an agreement between the employer and employees to determine mutually beneficial terms and conditions of employment such agreement may prohibit unions to embark on an industrial action for as long as it is in place. Strikes became important during the Industrial Revolution, when many worked in factories and mines. Often when employees’ demands are not met, they resort to Strike action. Strike action is when a number of employees stop rendering their service in protest to express their grievances. These Strikes are usually led by labour unions to get better pay, working hours or working conditions during collective bargaining as a last resort. While trade union leadership fails to advance employees’ cause, employees resort to informal alternative structures to negotiate on their behalf. South Africans have a tradition of taking to the streets in protest when unhappy about issues and this tradition did not spring up during the apartheid era but has been around from as early as 1922 to date. Protests in South Africa today draw from past repertoires and at the same time push for new political practices and directions. Strikes are often used to: Pressure governments to change its policies like in the Rand Revolt; Strikes can destabilise the rule of a particular political party like a series of Strikes by blacks in the 1970s and 1980s including the 1973 Durban dockworkers and the 1987 miners’ Strikes; Strikes are often part of a broader social movement taking the form of a campaign of civil resistance like Treatment Action Campaign and community struggles such Abahlali Base Mjondolo. On the Strike issues in South Africa, the researcher draws from the terrible incident that transpired in August 2012 at Lonmin Mine-Marikana and how it has affected the collective bargaining landscape in South Africa. The first real and significant labour unrest, the Witwatersrand miner Strike rocked South Africa to the core in 1922 and in 2012, ninety years later the violent Strike by the Rock Operational Drillers at Lonmin following the Marikana massacre and as such did not enjoy statutory protection under the LRA because was classified as Wildcat Strike. Normally, a Wildcat Strike constitutes a violation of a collective bargaining agreement in place and as such is not protected unless a union joins it and ratifies the protest. The union may, however, discipline its members for participating in a Wildcat Strike and impose fines. Among other things miners mainly demanded a wage increment of R12500 per month. The fight between AMCU and NUM for organisational rights also found its way into the equation. A Strike wave, not only linked to the mining sector, made 2012 the most protest filled year since the end of apartheid, rolled out across South Africa, closing some industrial operations and crippling others. Commentators argue that the Strike wave emerged from a landscape of extreme inequality and poverty, made intolerable by the additional financial burdens arising from the migrant labour system. These factors influenced the industrial action and institutions of collective bargaining comprising of both company and union structures and processes, were found wanting in their ability to address the root causes of the crisis. The post-Marikana Strike wave made a mark in the workers struggle movement as it drew in thousands of workers to join AMCU and at the same time weakening NUM, the then majority union. The Strike led to the rise and growth of AMCU which was seen by miners as the driver for change. The 2012 Strike wave and the Marikana massacre not only changed the balance of forces on the ground against the NUM, but also generated divisions within COSATU. The divisions were between those who decided to remain deaf to the workers’ call for transformation and those who had already realised that a decisive turn in economic policy was needed to avoid a social, economic and political crisis. In the aftermath of the Strike, a number community struggles increased as 2012 began and on the other side, a number of splinter groups from COSATU mushroomed which was hobbled by in fights. NUM’s collapse is indeed part of a series of recent failures for COSATU
Herbert, Bennett A - One of the best experts on this subject based on the ideXlab platform.
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A Global Pandemic and a Wildcat Strike: How COVID-19 and Civil Unrest Could Impact the NBA’s Labor Relations
DePaul University, 2021Co-Authors: Herbert, Bennett AAbstract:The future of the NBA’s labor relations could be significantly impacted by the COVID-19 pandemic and the recent civil unrest around the country. The current NBA collective bargaining agreement was approved in 2016. In the four seasons following its approval, both owners and players were seemingly pleased with the general state of the league. The NBA’s annual revenue ballooned from $5.2 billion in 2016 to $8.8 billion in 2019, and there were few reports of any significant tension between owners and the Players Association. However, 2020 threw two wrenches that may crucially affect both the immediate and long-term relationship between owners and players: COVID-19 and the civil unrest around the country. The COVID-19 pandemic has rocked every facet of the legal world. This is especially true for labor relations related to force majeure clauses. Fallout from the pandemic has provided unique challenges for the NBA going forward including its force majeure provision, player-safety concerns, diminished revenue, and potential salary cap deletion. This paper will analyze how the parties will likely bear this burden, what compromises the parties can make, and how this issue changes the parties’ standing leverage. As massive protests swept the nation while the NBA was on hiatus in in June of 2020, many players participated in demonstrations and expressed their support for the Black Lives Matter movement. When the league restarted play in July, it did so with messages of social justice on the court and on the back of players’ jerseys. After video surfaced of a police officer in Kenosha, Wisconsin shooting Jacob Blake in the back, the players spontaneously initiated one of the more notable Strikes in professional sports history. Though the Strike ended within 24 hours and the playoffs resumed a few days later, the players’ message to owners was clear: they expect a proactive approach to fighting racial injustice, instead of a reactive one. There is understandable uncertainty to how stable the league will be the next time a current event causes racial justice to be the crux of the conflict between owners and players. This paper will analyze the legal standing of “Wildcat” Strikes, how owners have attempted to satisfy the players’ demands thus far, and how the issue of racial injustice could impact their relationship going forward. Part I of this article will introduce the issues to be discussed. Part II of this article will provide a background to the history of force majeure clause disputes amidst pandemics, a brief history of Wildcat Strikes, and how these apply to the NBA’s current situation. Part III of this article will discuss what results players and owners are hoping for from labor negotiations, how the two parties can compromise, and potential recommendations to the collective bargaining agreement that account for recent events. Part IV of this article will conclude with a summary of the league’s current standing and present final recommendations for owners and players
Victor G Devinatz - One of the best experts on this subject based on the ideXlab platform.
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imagine that a Wildcat at biomed organizational justice and the anatomy of a Wildcat Strike at a nonunion medical electronics factory
Employee Responsibilities and Rights Journal, 2003Co-Authors: Victor G DevinatzAbstract:Although the occurrences of Wildcat Strikes are inextricably linked to violations of organizational justice, only a minimal amount has been written with respect to the relationship between the occurrence of organizational injustice and the presence of employee collective action. And while research on Wildcat Strikes in unionized settings is fairly extensive, there has virtually been no treatment of nonunion Wildcat Strikes in the scholarly literature. This paper presents an industrial ethnographic account of a nonunion Wildcat Strike in terms of analyzing the conditions and process under which a breakdown in organizational justice leads to employee collective action. In analyzing this nonunion Wildcat Strike, Sheppard, Lewicki, and Minton's seven propositions are utilized to understand the conditions under which a breakdown of organizational justice increases the likelihood of the occurrence of employee collective action (Sheppard, B. H., Lewicki, R. J., & Minton, J. W. Organizational Justice: The Search for Fairness in the Workplace. New York: Lexington Books, 1992). The paper concludes with a discussion of an inexpensive human resource management practice that can be implemented for achieving some type of organizational justice in order to minimize the occurrence of nonunion Wildcat Strikes.