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Industrial relations or employment relations is the multidisciplinary academic field that studies the employment relationship; [1] that is, the complex interrelations between employers and employees, labor/trade unions, employer organizations, and the state.
The newer name, "Employment Relations" is increasingly taking precedence because "industrial relations" is often seen to have relatively narrow connotations. [2] Nevertheless, industrial relations has frequently been concerned with employment relationships in the broadest sense, including "non-industrial" employment relationships. This is sometimes seen as paralleling a trend in the separate but related discipline of human resource management. [3]
While some scholars regard or treat industrial/employment relations as synonymous with employee relations and labour relations, this is controversial, because of the narrower focus of employee/labour relations, i.e. on employees or labour, from the perspective of employers, managers and/or officials. In addition, employee relations is often perceived as dealing only with non-unionized workers, whereas labour relations is seen as dealing with organized labour, i.e unionized workers. [4] [ better source needed ] Some academics, universities and other institutions regard human resource management as synonymous with one or more of the above disciplines, [5] although this too is controversial.
Industrial relations examines various employment situations, not just ones with a unionized workforce. However, according to Bruce E. Kaufman, "To a large degree, most scholars regard trade unionism, collective bargaining and labour–management relations, and the national labour policy and labour law within which they are embedded, as the core subjects of the field." [6]
Initiated in the United States at end of the 19th century, it took off as a field in conjunction with the New Deal. However, it is generally regarded as a separate field of study only in English-speaking countries, having no direct equivalent in continental Europe. [7] In recent times, industrial relations has been in decline as a field, in correlation with the decline in importance of trade unions [6] and also with the increasing preference of business schools for the human resource management paradigm. [8]
Industrial relations has three faces: science building, problem solving, and ethical. [9] In the science building phase, industrial relations is part of the social sciences, and it seeks to understand the employment relationship and its institutions through high-quality, rigorous research. In this vein, industrial relations scholarship intersects with scholarship in labour economics, industrial sociology, labour and social history, human resource management, political science, law, and other areas.
Industrial relations scholarship assumes that labour markets are not perfectly competitive and thus, in contrast to mainstream economic theory, employers typically have greater bargaining power than employees. Industrial relations scholarship also assumes that there are at least some inherent conflicts of interest between employers and employees (for example, higher wages versus higher profits) and thus, in contrast to scholarship in human resource management and organizational behaviour, conflict is seen as a natural part of the employment relationship. Industrial relations scholars therefore frequently study the diverse institutional arrangements that characterize and shape the employment relationship—from norms and power structures on the shop floor, to employee voice mechanisms in the workplace, to collective bargaining arrangements at company, regional, or national level, to various levels of public policy and labour law regimes,[ citation needed ] to varieties of capitalism [10] (such as corporatism, social democracy, and neoliberalism).
When labour markets are seen as imperfect, and when the employment relationship includes conflicts of interest, then one cannot rely on markets or managers to always serve workers' interests, and in extreme cases to prevent worker exploitation. Industrial relations scholars and practitioners, therefore, support institutional interventions to improve the workings of the employment relationship and to protect workers' rights. The nature of these institutional interventions, however, differ between two camps within industrial relations. [11] The pluralist camp sees the employment relationship as a mixture of shared interests and conflicts of interests [12] that are largely limited to the employment relationship. In the workplace, pluralists, therefore, champion grievance procedures, employee voice mechanisms such as works councils and trade unions, collective bargaining, and labour–management partnerships. In the policy arena, pluralists advocate for minimum wage laws, occupational health and safety standards, international labour standards, and other employment and labour laws and public policies. [13] These institutional interventions are all seen as methods for balancing the employment relationship to generate not only economic efficiency but also employee equity and voice. [14] In contrast, the Marxist-inspired critical camp sees employer–employee conflicts of interest as sharply antagonistic and deeply embedded in the socio-political-economic system. From this perspective, the pursuit of a balanced employment relationship gives too much weight to employers' interests, and instead deep-seated structural reforms are needed to change the sharply antagonistic employment relationship that is inherent within capitalism. Militant trade unions are thus frequently supported.
Industrial relations has its roots in the Industrial Revolution which created the modern employment relationship by spawning free labour markets and large-scale industrial organizations with thousands of wage workers. [15] As society wrestled with these massive economic and social changes, labour problems arose. Low wages, long working hours, monotonous and dangerous work, and abusive supervisory practices led to high employee turnover, violent strikes, and the threat of social instability. Intellectually, industrial relations was formed at the end of the 19th century as a middle ground between classical economics and Marxism,[ citation needed ] with Sidney Webb and Beatrice Webb's Industrial Democracy (1897) being a key intellectual work. [16] Industrial relations thus rejected the classical econ.
Institutionally, industrial relations was founded by John R. Commons when he created the first academic industrial relations program at the University of Wisconsin in 1920. [17] Another scholarly pioneer in industrial relations and labour research was Robert F. Hoxie. [18] Early financial support for the field came from John D. Rockefeller Jr. who supported progressive labour–management relations in the aftermath of the bloody strike at a Rockefeller-owned coal mine in Colorado.[ citation needed ] In Britain, another progressive industrialist, Montague Burton, endowed chairs in industrial relations at the universities of Leeds, Cardiff, and Cambridge in 1929–1930. [19]
Beginning in the early 1930s there was a rapid increase in membership of trade unions in the United States, and with that came frequent and sometimes violent labour–management conflict. [20] During the Second World War these were suppressed by the arbitration powers of the National War Labor Board. [21]
However, as the Second World War drew to a close and in anticipation of a renewal of labour–management conflict after the war, there was a wave of creations of new academic institutes and degree programs that sought to analyse such conflicts and the role of collective bargaining. [22] The most known of these was the Cornell University School of Industrial and Labor Relations, founded in 1945. [23] [24] But counting various forms, there were over seventy-five others. [24] These included the Yale Labor and Management Center, directed by E. Wight Bakke, which began in 1945. [25] An influential industrial relations scholar in the 1940s and 1950s was Neil W. Chamberlain at Yale and Columbia universities. [26]
In the 1950s, industrial relations was formalized as a distinct academic discipline with the emergence in the UK of the so-called "Oxford school", including Allan Flanders, Hugh Clegg, [27] and Alan Fox, Lord William McCarthy, Sir George Bain (all of whom taught at Nuffield College, Oxford), as well as Otto Kahn-Freund (Brasenose College, Oxford).
Industrial relations was formed with a strong problem-solving orientation [28] that rejected both the classical economists' laissez-faire solutions to labour problems and the Marxist solution of class revolution. It is this approach that underlies the New Deal legislation in the United States, such as the National Labor Relations Act and the Fair Labor Standards Act.
By the early 21st century, the academic field of industrial relations was often described as being in crisis. [29] In academia, its traditional positions are threatened on one side by the dominance of mainstream economics and organizational behaviour, and on the other by postmodernism.
In policy-making circles, the industrial relations emphasis on institutional intervention is trumped by a neoliberal emphasis on the laissez-faire promotion of free markets. In practice, trade unions are declining and fewer companies have industrial relations functions.[ citation needed ] The number of academic programs in industrial relations is therefore shrinking, while fields such as human resource management and organizational behaviour grow. [30] The importance of this work, however, is stronger than ever, and the lessons of industrial relations remain vital. The challenge for industrial relations is to re-establish these connections with the broader academic, policy, and business worlds.
Industrial relations scholars such as Alan Fox have described three major theoretical perspectives or frameworks, that contrast in their understanding and analysis of workplace relations. The three views are generally known as unitarism, pluralism, and the radical or critical school. Each offers a particular perception of workplace relations and will, therefore, interpret such events as workplace conflict, the role of unions and job regulation differently. The perspective of the critical school is sometimes referred to as the conflict model, although this is somewhat ambiguous, as pluralism also tends to see conflict as inherent in workplaces. Radical theories are strongly identified with Marxist theories, although they are not limited to these.[ citation needed ]
In pluralism, the organization is perceived as being made up of powerful and[ citation needed ] divergent sub-groups, each with its own legitimate interests [31] and loyalties and with their own set of objectives and leaders. In particular, the two predominant sub-groups in the pluralist perspective are the management and trade unions. The pluralist perspective also supports that conflict is inherent in dealing with industrial relations since different sub-groups have different opinions in the day-to-day operations.[ citation needed ] Consequently, the role of management would lean less towards enforcing and controlling and more toward persuasion and coordination.[ citation needed ] Trade unions are deemed legitimate representatives of employees, [31] conflict is resolved through collective bargaining and is viewed not necessarily as a bad thing and, if managed, could, in fact, be channeled towards evolution and positive change.
In unitarism, the organization is perceived as an integrated and harmonious whole with the idea of "one happy family" in which management and other members of the staff all share a common purpose by emphasizing mutual co-operation. [32] Furthermore, unitarism has a paternalistic approach: it demands loyalty of all employees [32] and is managerial in its emphasis and application. [33] Consequently, trade unions are deemed unnecessary [34] since the loyalty between employees and organizations are considered mutually exclusive, and there cannot be two sides of industry.[ citation needed ] Conflict is perceived as destructive and[ citation needed ] the result of poor management. [35]
This view of industrial relations looks at the nature of the capitalist society, where there is a fundamental division of interest between capital and labour, and sees workplace relations against this background. This perspective sees inequalities of power and economic wealth as having their roots in the nature of the capitalist economic system.[ citation needed ] Conflict is therefore seen as a natural outcome of capitalism, thus it is inevitable and trade unions are a natural response of workers [32] to their exploitation by capital. Whilst there may be periods of acquiescence, the Marxist view would be that institutions of joint regulation would enhance rather than limit management's position as they presume the continuation of capitalism rather than challenge it.[ citation needed ]
Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules (implicit or explicit, written or unwritten) determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." [36] More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics. [37]
In the United States, labor relations in most of the private sector is regulated by the National Labor Relations Act. Labor relations in the railroad and airline industries are regulated by the Railway Labor Act. Public sector labor relations is regulated by the Civil Service Reform Act of 1978 and various pieces of state legislation. In other countries, labor relations might be regulated by law or tradition. An important professional association for United States labor relations scholars and practitioners is the Labor and Employment Relations Association.A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
Human resources (HR) is the set of people who make up the workforce of an organization, business sector, industry, or economy. A narrower concept is human capital, the knowledge and skills which the individuals command. Similar terms include manpower, labor, labor-power, or personnel.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.
Featherbedding is the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time-consuming merely to employ additional workers. The term "make-work" is sometimes used as a synonym for featherbedding.
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
Human resource management (HRM) is the strategic and coherent approach to the effective and efficient management of people in a company or organization such that they help their business gain a competitive advantage. It is designed to maximize employee performance in service of an employer's strategic objectives. Human resource management is primarily concerned with the management of people within organizations, focusing on policies and systems. HR departments are responsible for overseeing employee-benefits design, employee recruitment, training and development, performance appraisal, and reward management, such as managing pay and employee benefits systems. HR also concerns itself with organizational change and industrial relations, or the balancing of organizational practices with requirements arising from collective bargaining and governmental laws.
Ellen Dannin was an American professor who taught and wrote primarily about American and New Zealand labor and employment law. She also wrote about privatization of government services and public infrastructure. Her last law school position was as the Fannie Weiss Distinguished Faculty Scholar and professor of law at Penn State Dickinson School of Law.
Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace is a legal treatise written by Charles J. Morris which analyzes collective bargaining under the National Labor Relations Act (NLRA), the federal statute governing most private sector labor relations in the United States. Published in 2005 by Cornell University Press, the text claims that the NLRA guarantees that employees under that Act have the right to bargain collectively through minority unions—but only on a members-only basis—in workplaces where there is not an established majority union, notwithstanding that the present practice and general understanding of the law is that only majority-union employees are entitled to engage in collective bargaining on an exclusivity basis. Contracts resulting from such minority-union bargaining would apply to union members only, not to other employees.
The International Society for Labour and Social Security Law is an international association whose purpose is to study labour and social security law at the national and international level, to promote the exchange of ideas and information from a comparative perspective, and to encourage collaboration among academics, lawyers, and other experts within the fields of labour and social security law.
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.
The UCLA Institute for Research on Labor and Employment (IRLE) is an interdisciplinary research unit within the College of Letters & Science, Division of Social Science, dedicated to research, teaching, and discussion of labor and employment issues. It was founded in 1945 as the UCLA Institute of Industrial Relations. It is one of the two research programs in the University of California system along with the UC Berkeley Institute for Research on Labor and Employment. The IRLE consists of four bodies: the IRLE Academic Unit, UCLA Labor Center, Human Resources Round Table, and the Labor Occupational Safety and Health Program.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission.
Allan Flanders was a British academic, author, and founding member of the Oxford School of Industrial Relations, along with Hugh Clegg, Alan Fox, Lord William McCarthy, Sir George Bain and Otto Kahn-Freund. The school was a developer of the idea of collective bargaining and overall proponents of bargaining power, legal contracts, normative regulation and institutionalized conflict resolutions as issues of significance and focus in the field of industrial relations.
Carola Frege is a German scholar who specialises in international and comparative employment relations. Her research interests include industrial democracy, employee participation, trade unions, migration, and populism. Since 2008, she has been professor of comparative employment relations at the London School of Economics (LSE). She was previously assistant and associate professor of labor relations at Rutgers School of Management and Labor Relations (SMLR) (2001–2003), and lecturer and reader in industrial relations at the London School of Economics Department. Frege is currently a senior research fellow of the International Inequalities Institute at London School of Economics.