Voices at Work: Continuity and Change in the Common Law World

Hardcover | May 3, 2014

byAlan Bogg, Tonia Novitz

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This edited collection is the culmination of a comparative project on "Voices at Work" funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker "voice" by tracking its evolution and its complex interactions with various forms of law.Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas,have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at "borrowing" seems to demonstrate that, despite apparent membership of a "common law" family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legalsolutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law andpublic law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world.This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters,trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

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This edited collection is the culmination of a comparative project on "Voices at Work" funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker "voice" by tracking its evolution and its complex interactions with various forms of law.Contributors to the volume identify the scope for co...

Alan Bogg is Professor of Labour Law at the University of Oxford. Alan's research focuses predominantly on theoretical issues in domestic, European and International labour law. His book The Democratic Aspects of Trade Union Recognition was published in 2009 by Hart Publishing. It was awarded the SLS Peter Birks' Prize for Outstanding ...

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Format:HardcoverDimensions:528 pages, 9.69 × 6.73 × 0.01 inPublished:May 3, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199683131

ISBN - 13:9780199683130

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Table of Contents

Introduction: Theorizing Voice1. Alan Bogg and Tonia Novitz: Purposes and Techniques of Voice2. Equality3. Paul Roth: Indigenous Voices at Work4. Janice Fine: A Comparative Perspective on Labour Movements and Migrant Labour: US and UK5. Rae Cooper: Low-paid care work, bargaining and employee voice in Australia6. Anne Davies: Half a Person': A Legal Perspective on Organising and Representing 'Non-Standard' WorkersInstitutions of Voice7. Virginia Mantouvalou: Democratic Institutions of Voice8. Sara Slinn and Anthony Forsyth: How Effective are 'Good Faith' Bargaining Laws? Australian and Canadian Comparisons'9. Alan Bogg and Cynthia Estlund: Freedom of Association and the Right to Contest: Getting Back to Basics10. Andrew Johnston and Wanjiru Njoya: Employee Voice in Corporate Control Transactions11. Tess Hardy: It's Oh So Quiet? Employee Voice and the Enforcement of Employment Standards in AustraliaLocations of Voice12. Keith Ewing: Worker and Trade Union Voice in the Political Sphere13. Gregor Gall and Stephen Bach: Public Service Voice under Strain in an Era of Restructuring and Austerity14. Breen Creighton: Individualisation and the Protection of Worker Voice in Australia15. Douglas Brodie: Voice and the Employment Contract16. Mark Freedland and Nicola Countouris: Common Law and Voice17. Lance Compa: National and International Labour RightsBeing Heard - Obstructing and Facilitating Voice18. Shae McCrystal and Phil Syrpis: Competition Law Impediments to Collective Bargaining in Australia and the European Union19. Tonia Novitz: Technology as an Aid and as a Barrier to Collective Labour Relations20. Gordon Anderson and Pam Nuttall: The Good-Faith Obligation: an effective model for promoting voice?21. Eric Tucker: Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes22. John Howe: Regulatory Facilitation of VoiceConclusionAlan Bogg and Tonia Novitz: Capacity for Voice: Individual and Collective