Voices at Work: Continuity and Change in the Common Law World

ISBN : 9780199683130

Alan L. Bogg; Tonia Novitz
528 ページ
176 x 251 mm

This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.


1. The Purposes and Techniques of Voice: Prospects for Continuity and Change
2. 'Women's Voice' and Equal Pay: Judicial Regard for the Gendering of Collective Bargaining
3. Low-paid Care Work, Bargaining, and Employee Voice in Australia
4. Migrant Workers and Labour Movements in the US and UK
5. Indigenous Voices at Work
6. 'Half a Person': A Legal Perspective on Organizing and Representing 'Non-Standard' Workers
7. Freedom of Association and the Right to Contest: Getting Back to Basics
8. Promoting Worker Voice through Good Faith Bargaining Laws: The Canadian and Australian Experience
9. The Good-Faith Obligation: An Effective Model for Promoting Voice?
10. Democratic Theory and Voices at Work
11. Individualization and the Protection of Worker Voice in Australia
12. The Evolution of Employee Voice and Enforcement in Australia
13. The Importance of Trade Union Political Voice: Labour Law Meets Constitutional Law
14. The Movement to Eliminate Labor's Political Voice: Proposition 32 and 'Paycheck Protection' in the United States
15. Public Service Voice under Strain in an Era of Restructuring and Austerity
16. Voice and the Employment Contract
17. Common Law and Voice
18. National and International Labour Rights
19. Regulatory Facilitation of Voice
20. Employee Voice in Corporate Control Transactions
21. Competition Law and Worker Voice: Competition Law Impediments to Collective Bargaining in Australia and the European Union
22. Information and Communication Technology and Voice: Constraint or Capability?
23. Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes


Alan Bogg is Professor of Labour Law at the University of Oxford. Alan's research focuses predominantly on theoretical issues in domestic, European and International labour law. His book 'The Democratic Aspects of Trade Union Recognition' was published in 2009 by Hart Publishing. It was awarded the SLS Peter Birks' Prize for Outstanding Legal Scholarship in 2010.; Tonia Novitz is Professor of Labour Law at the University of Bristol. She is a member of the editorial board of the UK Industrial Law Journal, with special responsibility for the Recent Legislation section. She writes on UK labour law, international labour standards, EU social policy, EU external relations, and mechanisms for the protection of human rights.