Voices at Work: Continuity and Change in the Common Law World
Voices at Work: Continuity and Change in the Common Law World
Professor of Labour Law
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Abstract
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 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 industrialized 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 legal solutions 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 alternative disciplines.. This book comprises contributions from many leading scholars of labour law, politics, and industrial relations drawn from across the jurisdictions. It is addressed to academics, policy makers, 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.
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Front Matter
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Introduction: Theorizing Voice
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Identities of Voice
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Institutions of Voice
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7
Freedom of Association and the Right to Contest
Alan Bogg andCynthia Estlund
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8
Promoting Worker Voice through Good Faith Bargaining Laws
Anthony Forsyth andSara Slinn
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9
The Good-Faith Obligation
Gordon Anderson andPam Nuttall
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10
Democratic Theory and Voices at Work
Virginia Mantouvalou
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11
Individualization and the Protection of Worker Voice in Australia
Breen Creighton
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12
‘It’s Oh So Quiet?’ Employee Voice and the Enforcement of Employment Standards in Australia
Tess Hardy
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7
Freedom of Association and the Right to Contest
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Locations of Voice
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13
The Importance of Trade Union Political Voice
K. D. Ewing
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14
The Movement to Eliminate Labor’s Political Voice
John Logan
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15
Public Service Voice under Strain in an Era of Restructuring and Austerity
Stephen Bach andGregor Gall
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16
Voice and the Employment Contract
Douglas Brodie
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17
Common Law and Voice
Mark Freedland andNicola Kountouris
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18
National and International Labour Rights
Lance Compa
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13
The Importance of Trade Union Political Voice
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Being Heard—Obstructing and Facilitating Voice
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19
Regulatory Facilitation of Voice
John Howe
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20
Employee Voice in Corporate Control Transactions
Andrew Johnston andWanjiru Njoya
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21
Competition Law and Worker Voice
Shae McCrystal andPhil Syrpis
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22
Information and Communication Technology and Voice
Tonia Novitz
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23
Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes
Eric Tucker
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19
Regulatory Facilitation of Voice
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End Matter
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