Collective Bargaining
Guy Davidov*
Collective Bargaining Laws: Purpose and Scope
Abstract: This article argues that the right to bargain collectively should be given to every person working for others for pay who suffers a significant degree of democratic deficits or economic dependency in this work relationship. This would constitute a much broader scope of application compared with the current situation in most countries. This change is justified based on an inquiry into the purpose of laws that allow and promote the practice of collective bargaining, on the one hand; and the purpose of laws that prevent cooperation among potential competitors, on the other. Collective bargaining laws promote workplace democracy, redistribution of resources, and efficiency. It is shown that, as far as the broadened group of workers suggested here is concerned, the goals of competition laws are not contradictory. 1. INTRODUCTION
Labour unions, more or less as we currently know them, have been around at least since the 17th Century.1 Illegal and unpopular at first, they gradually won recognition (to one extent or another) from both the people and the law, eventually becoming during the 20th Century pillars of any industrial relations system, and indeed, major players in any democratic society. Although their membership has declined in recent years, unions still play a significant role in workers’ protection. But not every worker has the right to join a union, bargain collectively and strike. Those considered “independent contractors” (as opposed to “employees”) are expected to play by the rules of the competitive market, which generally prohibit anti-competitive associations. Regulation of labour union activity varies significantly from one legal system to another. But the basic rules are the same in every democratic society: employees have the right to organize (or join a union), bargain collectively and strike; and to the extent that these activities are considered to be economic
Collective Bargaining Laws: Purpose and Scope
Abstract: This article argues that the right to bargain collectively should be given to every person working for others for pay who suffers a significant degree of democratic deficits or economic dependency in this work relationship. This would constitute a much broader scope of application compared with the current situation in most countries. This change is justified based on an inquiry into the purpose of laws that allow and promote the practice of collective bargaining, on the one hand; and the purpose of laws that prevent cooperation among potential competitors, on the other. Collective bargaining laws promote workplace democracy, redistribution of resources, and efficiency. It is shown that, as far as the broadened group of workers suggested here is concerned, the goals of competition laws are not contradictory. 1. INTRODUCTION
Labour unions, more or less as we currently know them, have been around at least since the 17th Century.1 Illegal and unpopular at first, they gradually won recognition (to one extent or another) from both the people and the law, eventually becoming during the 20th Century pillars of any industrial relations system, and indeed, major players in any democratic society. Although their membership has declined in recent years, unions still play a significant role in workers’ protection. But not every worker has the right to join a union, bargain collectively and strike. Those considered “independent contractors” (as opposed to “employees”) are expected to play by the rules of the competitive market, which generally prohibit anti-competitive associations. Regulation of labour union activity varies significantly from one legal system to another. But the basic rules are the same in every democratic society: employees have the right to organize (or join a union), bargain collectively and strike; and to the extent that these activities are considered to be economic