Collective Bargaining And The Public Interest

Collective Bargaining and the Public Interest presents a critical assessment of the way society marshals and deploys its labour force. David Winch's analysis is based on the economic theory of how markets work and the criteria of welfare economics by which they can be evaluated. Using neoclassical economic theory to analyse the welfare economics of collective bargaining, Winch examines where and to what extent legitimate third-party inter-ests are involved when labour unions and firms come together to negotiate collective agreements. Winch also makes important recommendations for public policy. He concludes that while unions and collective bargaining serve society well, the process of dispute resolution by conflict, or strike, does not. He proposes that arbitration be employed instead of strike or lock-out as a last resort mechanism of dispute resolution.

Study of the growth and development of public sector trade unions in Canada - makes a comparison between private sector collective bargaining and wage determination methods for civil servants and public servants; discusses the right to strike, problems of interest dispute and arbitration, the definition of essential service and public interest, and relevant labour policy issues; suggests the abolition of bargaining in wages claims. Bibliography and statistical tables.

Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Interest-Based Bargaining: A User's Guide provides a detailed account of why it makes sense to negotiate on the basis of interests rather than positions. It provides a detailed set of guidelines for negotiators who wish to develop a cooperative, problem solving approach to their bargaining. It draws on the experiences of using interest-based approaches in the USA and Ireland. Interest-based bargaining is an approach to collective bargaining that is focused on understanding the interests of parties and on building solutions around these. It uses problem-solving tools such as brainstorming, flip charting and consensus decision-making. This book will be of particular value to management and union representatives who are already working in a cooperative way and who wish to deepen that cooperation.

Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.

Canadian universities face a complicated and uncertain future when it comes to funding, governance, and fostering innovation. Their leaders face an equally complicated future, attempting to balance the needs and desires of students, faculty, governments, and the economy. Drawing on more than a decade of service as president of one of Canada’s major research universities, Peter MacKinnon offers an insider’s perspective on the challenges involved in bringing those constituencies together in the pursuit of excellence. Clear, contentious, and uncompromising, University Leadership and Public Policy in the Twenty-First Century offers a unique and timely analysis of the key policy issues affecting Canada’s university sector. Covering topics such as strategic planning, tuition policy, labour relations, and governance, MacKinnon draws on his experience leading the University of Saskatchewan to argue that Canadian universities must embrace competitiveness and change if they are to succeed in the global race for talent.