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The point is, how can a union that fails to win election to the workers' council (only reasonable definition of "fake" union) negotiate a binding collective bargaining agreement?

guaranteed to evoke a violent reaction from police is to challenge their right to "define the situation." --- David Graeber citing Marc Cooper
by Migeru (migeru at eurotrib dot com) on Thu Apr 26th, 2012 at 07:15:37 AM EST
[ Parent ]
Let's see:

a) There is collective bargaining agreement

b) Genuine unions are to weak to force one

c) The employer or a employers association seeks themselves a union and negotiate a agreement

d) In the individual agreements with employees a new clause incorporating the collective agreement is inserted

(It is probably a high fluctuations sector anyway or you can use move the employees to sign new treaties - no union they can complain too)

e) The individual agreement makes the collective agreement legally binding (It would be binding for union members of the contracting union anyway, but we assume few exists)

I can't use "contract"?

by IM on Thu Apr 26th, 2012 at 07:31:03 AM EST
[ Parent ]
In French they say convention. But I think the right English word is agreement.
by afew (afew(a in a circle)eurotrib_dot_com) on Thu Apr 26th, 2012 at 07:56:37 AM EST
[ Parent ]
In Spain it's convenio (colectivo) which is probably best translated into English legalese as covenant.

guaranteed to evoke a violent reaction from police is to challenge their right to "define the situation." --- David Graeber citing Marc Cooper
by Migeru (migeru at eurotrib dot com) on Thu Apr 26th, 2012 at 08:31:45 AM EST
[ Parent ]
I think contract pertains to an individual worker. So, a worker will have an employment contract which must be drawn in accordance with any applicable collective bargaining agreement, and other statutes.

guaranteed to evoke a violent reaction from police is to challenge their right to "define the situation." --- David Graeber citing Marc Cooper
by Migeru (migeru at eurotrib dot com) on Thu Apr 26th, 2012 at 08:30:51 AM EST
[ Parent ]
A union can negotiate with every employer even if they have only one member working there. The union needn't be elected to do so: they just represent their members.

Fake unions play a role in temporary work: These slave traders must pay the same wage as the company where the slaves actually work IF THEY DON'T HAVE AN AGREEMENT OF THEIR OWN. So they have fake agreements with fake unions. They get away with it, because so few temp workers are organised in real unions

Worker councils are elected in the companies, but they don't do bargaining and they are banned by law from calling to strike.

by Katrin on Thu Apr 26th, 2012 at 07:42:14 AM EST
[ Parent ]

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