Collective Bargaining Agreement Right To Strike

The Freedom House Freedom House reports (see Freedom House, 2003) are not intended to provide detailed information on freedom of association and collective bargaining. They ask only two fundamental questions: “Are there free trade unions and peasant organizations or equivalents?” “Are there effective collective bargaining?” These reports reduce very complex assessments to simple summary responses. For the United States, for example, considered by Freedom House to be “free,” the full report on workers` organizing and bargaining rights consists of two sentences: “The United States has freedom of association. Unions are free, but in decline in recent years, and now represent the lowest percentage of post-war American workers. ยป Illegal strikes for lack of strikers. Strikers who commit serious misconduct as a result of a strike may be refused reinstated to their former job. This applies to both economic strikers and strikers with unfair labour practices. Serious misconduct includes violence and threats of violence. The U.S. Supreme Court has ruled that a “headquarters strike,” where employees simply stay in the factory and refuse to work, thereby depriving the owner of the property, is not protected by law. Examples of serious misconduct which may cause the workers concerned to lose their right to re-employment are as follows: does the participation of employees` representatives in the restructuring/sale processes of undertakings fall within the scope of collective agreements? In ILO jurisprudence, the only exceptions to the guarantees of the right to organize under Convention No. 87 are the armed forces and the police. Provisions prohibiting, for example, the right of assembly of civil servants, domestic workers or agricultural workers have been found to be incompatible with Convention No.

87 (Tajgman and Curtis, 2000). Finally, the evaluation of the State`s performance must take into account the size of the resources devoted to respect for freedom of association and the effective recognition of the right to collective bargaining. This assessment includes the adequacy of budgets and staff allocated to the services responsible for labour regulation in relation to the number of jobs adjusted for gross domestic product per capita The assessment of compliance begins with the study of a government`s performance in terms of execution. This assessment focuses on whether and how often trade union organisers are imprisoned, exiled, dismissed or murdered without immediate and effective prosecution. It also examines whether and how often there are reprisals against strikers and, if so, whether the Government is implementing such retaliatory measures immediately and effectively. Other issues to be taken into consideration are possible Answer: the right to strike is not explicitly mentioned in ILO Convention 87. However, ILO supervisory bodies, including the Committee on Freedom of Association, have often stated that the right to strike is a fundamental right of workers and the main means of legally promoting and defending their economic and social interests. .

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