51 The Actors of Collective Bargaining
TABLE
OF CONTENTS
Foreword
Notes
on Contributors
1.
The Actors of Collective Bargaining, Mario Grandi
2.
The Actors of Collective Bargaining: is the System really Sustainable
in the Future, Yasuo Suwa
3. Australia,
Ron Mc Callum and Amanda Coulthard
4. Austria,
Josef Cerny
5. Belgium,
Marc De Vos
6.
Canada, Tom Archibald
7.
France, French Association
8.
Germany, Volker Rieble
9.
Great Britain, Richard Hobbs
10.
Israel, Guy Davidov
11.
Mexico,
12.
New Zealand, Gordon Anderson
13.
Norway, Stein Evju
14.
Poland, Jerzy Wratny
15.
Slovenia, Zvone Vodovnik
16.
Spain, Juan Garcia Blasco
17. Sweden,
Örjan Edström
18. Taiwan,
Huei-Ling Wang
19. The
Netherlands, Willem Bouwens
20.
Turkey, Kübra Dogan Yenisey
21.
United States of America, Edwin Render
22.
Uruguay, Cristina Mangarelli and Eduardo J. Ameglio
Annex
Questionnaire
for the Preparation of National Reports
FOREWORD
This
bulletin contains some of the most important papers devoted to one of the three
major themes, which were discussed at the occasion of the XVIIth World Congress
of Labour and Social Security Law, which was held in Montevideo, Uruguay, 2nd
to 5th September 2003.
The
International Society for Labour and Security Law comprises almost 70 national
associations, which are members and organises a world conference every three
years.
The
three themes of the Montevideo Conference were:
I.
The Actors of Collective Bargaining;
II.
Fundamental Human Rights and Labour Law;
III.
The social Protection of the Unemployed.
The
Congress was organized by:
Américo Plá Rodriguez
Héctor-Hugo
Barbagelata
Helios
Sarthou
Oscar
Ermida Uriarte
Osvaldo
Mantero de San Vincente
Eduardo
J. Ameglio
Juan
Raso Delgue
Jorge
W. Rosenbaum
Christina
Mangarelli
Santiago
Pérez del Castillo
Juan
F. Dieste
Daniel
Rivas
Alejandro
Castello
The
World Congress was the forum in which the constantly-changing role of collective
bargaining and its actors, a consequence of the increase in the elaboration of
norms at national, international and regional levels discussed.
The
second topic, fundamental rights of the human being and their relationship with
labour law, was indispensably analysed vis ŕ vis the great importance which of
late has been given to mercantile considerations in labour related issues.
The third theme dealt with unemployment, which has currently reached a
global dimension.
This
Bulletin deals with the first theme: THE ACTORS OF COLLECTIVE BARGAINING.
First we publish the general reports, which were written on the basis of
national reports, written by scholars from around the globe. Then follow the national reports.
General
reports were respectively written by Prof. Mario Grandi from Italy and by Prof.
Yasuo Suwa from Japan.
The
national reports, which were retained in this publication cover following 20
countries:
Australia,
Austria, Belgium, Canada, France, Germany, Great
Britain, Israel, Mexico, New Zealand, Norway, Poland,
Slovenia, Spain, Sweden, Taiwan, The Netherlands, Turkey,
United States of America, Uruguay.
This
is to say 4 countries from the North and South America, 4 countries from Asia,
(Australia Included) and 12 countries from Europe (Western, Central and Eastern
Europe), so that one can truly speak of a World Wide Report.
19
reports are in English, 2 in Spanish and 1 in German, which also testifies the
diversity of the approach.
The
national reports, written by eminent scholars, were drafted on the basis of a
questionnaire, which is published as an annex.
This allows for easy comparison of the solutions, provided for the
problems collective bargaining is confronted with, in the various countries
under review.
The
next conferences organised by the International Society for Labour and Social
Security Law will take place in Mexico (2004 – regional), Bologna (2005-
regional) and Paris (2006 – world conference).
May
I once again thank the organisers of the World Conference in Montevideo as well
as the authors of the various papers, which made this worldwide discussion and
exchange of ideas possible.
Roger
Blanpain,
President
of the International Society for Labour and Social Security law (2000-2003)
Notes
on contributors
Eduardo
J. Ameglio, Professor of Labour Law and Social Security, Universidad de la
República, Montevideo, Uruguay
Gordon
Anderson, Associate Professor of Law, Victoria University of Wellington, New
Zealand
Tom Archibald, SJD Candidate, Faculty of law, University of Toronto, Canada; Assistant Visiting Professor, Faculty of Law, University of Alberta, Canada
Willem
Bouwens, Associate Professor of Labour Law and Social Security, Radboud
University Nijmegen, The Netherlands
Josef
Cerny, Honorary Professor, Austria
Amanda
Coulthard, Bond University, Australia
Guy
Davidov, Faculty of Law, University of Haifa, Israel
Marc
De Vos, Professor of Labour and Employment Law, Ghent University, Belgium
Örjan
Edström, Associate Professor in Labour Law, Umea University, Sweden
Stein
Evju, Professor of Labour Law, Norwegian School of Management BI, Sandvika,
Norway
Juan
Garcia Blasco, Catedrático de
Derecho del Trabajoy de la Seguridad Social, Presidente de la Comisión
Consultiva Nacional de Convenios Colectivos, Universidad de Zaragoza, Espańa
Mario
Grandi, Professor of Labour Law, University of Bologna, Italy
Richard
Hobbs, Professor, University of Cambridge, United Kingdom
Cristina
Mangarelli, Professor of Labour Law and Social Security, Universidad de la
República, Montevideo, Uruguay
Ron
Mc Callum, Sydney University, Australia
Edwin
R. Render, Professor of Law, Louis D. Brandeis School of Law, University of
Louisville, USA
Volker
Rieble, Professor of Labour Law, University of Mannheim, Germany
Yasuo
Suwa, Professor of labour law, Hosei University, Tokyo, Japan
Zvone
Vodovnik, Professor of Labour Law and Industrial Relations, Faculty of
Administration, Ljubljana University, Slovenia
Huei-Ling
Wang, Associate Professor, Institute for Labour Research, National Chengchi
University, Taiwan
Jerzy
Wratny, Catholic University Lublin, Poland
Kübra
Dogan Yenisey, Assistant Professor of Labour Law, Istanbul Technical
University, Istanbul, Turkey