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3. Power, Conflict

& IR

1. Sources of industrial conflict

2. Manifestations of industrialconflict

3.. Regulation of industrial conflict

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1.Sources of industrial conflict

unions

management

communication

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Sources of industrial conflict

share of revenue

relative share of wages and salaries

changes in staffing levels

welfare of employees

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Sources of industrial conflict

technological change

change in work methods/duties

change in work location

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3 critical causes of industrial

conflict Hyman (1989)

income distribution

job security

managerial control

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Conflict and Power

Inevitable.

To suggest to labour and management,

the principle protagonists, that theyshould not be in conflict is to argue that

one should surrender totally to the

preferences of ones opponent, or thatthe dynamic elements of society should

be eliminated. from fox et al p.44

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2. Manifestations of industrial

conflict strikes and lockouts*

absenteeism*

labour turnover*

work bans and limitations

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Manifestations of industrial

conflict low morale

material wastage

slackness

inefficiency

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Manifestations of industrial

conflict sit-ins

sabotage

theft

knowledge or information restriction

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Manifestations of industrial

conflict public disclosure of organisational

practices

whistle blowing

slow-downs

work-to-rule

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Strikes

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Strikes and Lockouts

public

newsworthy

Strikes are a withdrawal from work

by a group of employees or a refusal

by an employer or a number of

employers to permit some or all oftheir employees to work. ABS

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Strikes and Lockouts

measurable: What gets measured?

number of strikes

number of working days lost

duration of strikes

number of workers involved

cause of dispute

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Strikes

What gets measured?-some problems

work stoppages only

ongoing effects difficult to measure

multi industry disputes recorded as

separate disputes

Causes of industrial disputes? usually a number of causes but statistics

record one.

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Industrial Disputes

Do all countries use the samemeasures?

No, differing definitions and measurementof industrial disputes exist

Different countries have different forms ofindustrial disputation eg Australia and

China different industry configuration mean

alternative forms of conflict

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Industrial Disputes

Are lockouts recorded separately?

No, consequently skewed perspective

possible as public tend to read statistics asemployee action

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Student Activity

2. Class activity

A Table from the ABS showing Industrial

Disputes in Australia will be distributed inclass. As a small group, analyse the data

and determine:

a. the patterns of strike activity since 1913.

b. suggest reasons for these periods of strikes.

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Absenteeism

How can organisational practices affect

absenteeism?

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Absenteeism

VOLUNTARY & INVOLUNTARY

temporary withdrawal from workplace

costly

weekly estimates: 4-5% absent for 1

day ie 30 times more than days lost

through industrial stoppages

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Voluntary Absenteeism

Reasons:

personal characteristics

nature of the work

level of satisfaction

organisational pressures that affect the

motivation of the employee to attend workfrom Rhodes & Steer (1990)

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Voluntary Absenteeism

Varies according to workplace category

larger organisations

public sector

type of industry eg. Transport and Storage

7.6% per week

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Voluntary Absenteeism

1.organisational practices

2.absence culture

3.employee attitudes, values and goals

on the motivation to attend work

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1.Organisational Practices

Context of work

Less absenteeism is associated with:

smaller work groups open and participative management styles

flexible work schedules

higher pay

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Organisational Practices

Content of work

Less absenteeism is associated with:

responsibility participation

task complexity

flexible work schedules

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2. Absence Culture

Workplace belief that it is acceptable to

take sick days for reasons other than

illness

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3.Individual Attitudes etc.

job satisfaction

organisational commitment

job involvement

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Union membership &

absenteeism

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Employee Turnover

voluntary turnover

turnover rates in Australia

influences on turnover are:

perceived ease of movement

perceived desirability of leaving

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Employee Turnover

Unions and turnover: correlation

between significantly lower levels of

turnover and union participation.

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3. Regulation of industrial

conflict The right to strike

Sources of controls and sanctions

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The Right to Strike

Is there a right to strike?

Should any groups not strike? Why, why

not?

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The Right to Strike

not in Constitution

legislation to restrict strike activity

through impostion of prohibitions or ofliabilities

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Right vs Freedom

Restrictions on strike activity exist under

the provision of various pieces of

legislation. There is a limited freedomto strike with protection or immunity

from civil litigation

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Strike practices

Potential for liability exists.

Rare for an employer to pursue

litigation.

Pilots strike

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Sources of controls and sanctions

Common Law

Secondary boycott legislation

Industrial Relations legislation

Other legislative controls

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Common Law

1.breach of contract of employment by

an individual worker

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Common Law

2.liability in tort law

interference with contractual relations

interference with trade

intimidation

civil conspiracy

causing loss by unlawful means

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Secondary boycott legislation

Primary workplace only

Commonwealth Trade Practices Act

1974 1977 -1988 sections 45D and 45E

Commonwealth Industrial Relations Act1988

Commonwealth Workplace RelationsAct 1996

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Mudginberri dispute

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Industrial Relations legislation

Federal and State

Workplace Relations Act 1996

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Workplace Relations Act 1996

Provides for a limited right to strike.

If certain conditions must are met lawful

strike action, or protected action ispermitted during bargaining periods

applied for in the making of agreements

During the life of an agreementindustrial action is unlawful

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Sanctions under industrial

relations legislation breach of award or agreement

cancellation of awards and stand-downs

deregistration of unions

statutory offences

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Reading

Deery, Plowman, Walsh and Brown,

Chapter 9

Fox et al Chapters 3, 4 and 5

Deery, Plowman and Walsh Chapter 10