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Collective bargaining and equality
Blackett, Adelle Sheppard, Colleen
Blackett, Adelle
Sheppard, Colleen
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"[...] This article explores the uneasy coexistence between equality at work, broadly understood, and the cardinal emphasis in the ILO Declaration on the need for recognition of the right to collective bargaining to be “effective”. It will be argued that, with due regard to their application to varied social contexts, collective bargaining frameworks are not equality-neutral; rather, the choice of collective bargaining framework can be crucial in determining whether systemic obstacles to equality of This article explores the uneasy coexistence between equality at work, broadly understood, and the cardinal emphasis in the ILO Declaration on the need for recognition of the right to collective bargaining to be “effective”. It will be argued that, with due regard to their application to varied social contexts, collective bargaining frameworks are not equality-neutral; rather, the choice of collective bargaining framework can be crucial in determining whether systemic obstacles to equality of access to collective bargaining can be removed. Moreover, in an increasingly complex, integrating world, special care needs to be taken to cultivate new sites for social dialogue, sites that ensure representation for traditionally marginalized or excluded groups. The article also examines situations in which workers do exercise their fundamental rights to freedom of association and to bargain collectively, in order to consider another level of interface with the fundamental right and principle of equality: the interaction between collective bargaining, the majoritarian mechanism for workplace governance; and the structurally “minority” position of equality-seeking groups in many workforces. It considers the controversial but real possibility that one fundamental principle could in fact impede the effective recognition of the other. Despite this possibility, the conclusion is advanced that collective bargaining, whose rationale is deeply rooted in notions of social justice, egalitarianism, democratic participation, and freedom, holds great potential to enhance equality. However, in order to fulfil the equality mandate, collective bargaining must be grounded in a demonstrable commitment on the part of the social partners to promote equality, a commitment evident not only in the provisions of agreements, but also in how “representation” itself is constructed, and how bargaining takes place. Finally, to the extent that the State privileges collective bargaining as the vehicle for private ordering of workplace relationships, it has a cardinal role to play in ensuring that collective bargaining enhances rather than impedes equality concerns. The final part builds on the industrial relations literature on the public–private dichotomy, emphasizing the pluralist nature of labour relations through which state enabling mechanisms permit the social partners to evolve agreements to govern their workplace. It posits the need for a regulatory environment that reduces barriers to access to collective bargaining, that sets parameters to prohibit discriminatory collective bargains, and that leaves room for collective bargaining’s democratic participation mechanisms to achieve equality goals.", p. 420-421
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2003
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With permission of the license/copyright holder