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Guy Mundlak

The freedom of association is enshrined in international conventions and state constitutions, and it has triumphed in many statutes and judicial decisions around the world. Association in the labour context can be viewed as yet another fulfilment of the general freedom to associate, as are the association of shareholders, political party members, social clubs or social movements. However, it is also regarded as a unique right that constitutes a central pillar for governing the labour market; a right intended to achieve goals such as equality, emancipation and dignity. Within the domains of this interpretation, it has been argued that the logic of association on labour’s side is different from that on capital’s side (Offe and Wiesenthal 1980). This book goes further, to argue there are two distinct logics of association on labour’s side, and as the title suggests – two logics of trade union representation. The one logic is that of workers coming together, acting to fight for their rights. The other logic is that of trade unions and employers’ associations, sometimes together with high-ranking officials of the state, negotiating labour market conditions. In both logics, membership is essential for the status, functioning and efficacy of the trade union. This is the unifying feature of both logics, singling out trade unions from other forms of association with similar objectives. Hence, the pivotal reference for understanding that the two logics of labour’s collective action is centred on membership. However, membership and its derivative traits – democracy, accountability, power and legitimacy – work in different ways.

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Organizing Matters

Two Logics of Trade Union Representation

Guy Mundlak

Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.
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Edited by Jeff Kenner, Izabela Florczak and Marta Otto

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Janice R. Bellace and Beryl ter Haar

Virginia Leary once observed a curious phenomenon: that labour law and human rights law are on parallel tracks that rarely cross. This phenomenon is unexpected because some of the most obvious violations of individuals’ human rights, for instance, slave labour or child labour, occur when they are working. But until recently many human rights scholars veered off and focused on civil and political rights, all but ignoring rights that are violated when people are working. It is as if individuals, when they are viewed as workers, are compartmentalized, sealed off and cast to the side in human rights scholarship. This may result from the fact that some see labour law as governing work relationships and fail to consider the human rights dimensions of the employment or work arrangement. It may also result from the fact that those human rights scholars who focus on civil and political rights tend to see the State as the actor who violates the human rights of individuals, either directly or by failing to enforce the law or remedy violations. This is a very public law focus, and most employment and work relations are the subject of private law. Except when considering the most blatant situations (such as slavery), human rights scholars typically overlook how human rights guarantees affect people at work. This lack of consideration may be related to the fact that most employment and work relationships flow from an agreement by the worker to perform work in return for compensation.

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Edited by Jeff Kenner, Izabela Florczak and Marta Otto

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Edited by Janice R. Bellace and Beryl ter Haar

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Edited by Mies Westerveld and Marius Olivier

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Matt Nichol

From the late 1800s until the mid 1900s professional baseball was almost the exclusive domain of the Major and Minor Leagues in the United States. During this period baseball became a uniquely American institution and as the ‘national pastime’ Major League Baseball (MLB) produced iconic figures such as Babe Ruth, Connie Mack, Joe DiMaggio, Jackie Robinson and Hank Aaron. In the decades after World War II not only did MLB break the colour barrier and absorb players from the leagues composed of African American players, it expanded from the East Coast to the West Coast of the United States and professional baseball began to globalize.

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Anne Trebilcock