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Voices at Work

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Offers a picture of current concerns of interest not only to lawyers, but policy makers and policy actors
Breadth of analysis from a number of prominent scholars from a range of English speaking common law jurisdictions

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.

Readership: This book would suit academic teachers in the fields of labour law, employment law and industrial relations. It would also suit policy actors and practising labour lawyers and judges from Australia, Canada, New Zealand, the UK and the US

Introduction: Theorizing Voice
1: Alan Bogg and Tonia Novitz: Purposes and Techniques of Voice
2: Equality
3: Paul Roth: Indigenous Voices at Work
4: Janice Fine: A Comparative Perspective on Labour Movements and Migrant Labour: US and UK
5: Rae Cooper: Low-paid care work, bargaining and employee voice in Australia
6: Anne Davies: Half a Person': A Legal Perspective on Organising and Representing 'Non-Standard' Workers
Institutions of Voice
7: Virginia Mantouvalou: Democratic Institutions of Voice
8: Sara Slinn and Anthony Forsyth: How Effective are 'Good Faith' Bargaining Laws? Australian and Canadian Comparisons'
9: Alan Bogg and Cynthia Estlund: Freedom of Association and the Right to Contest: Getting Back to Basics
10: Andrew Johnston and Wanjiru Njoya: Employee Voice in Corporate Control Transactions
11: Tess Hardy: It's Oh So Quiet? Employee Voice and the Enforcement of Employment Standards in Australia
Locations of Voice
12: Keith Ewing: Worker and Trade Union Voice in the Political Sphere
13: Gregor Gall and Stephen Bach: Public Service Voice under Strain in an Era of Restructuring and Austerity
14: Breen Creighton: Individualisation and the Protection of Worker Voice in Australia
15: Douglas Brodie: Voice and the Employment Contract
16: Mark Freedland and Nicola Countouris: Common Law and Voice
17: Lance Compa: National and International Labour Rights
Being Heard -Obstructing and Facilitating Voice
18: Shae McCrystal and Phil Syrpis: Competition Law Impediments to Collective Bargaining in Australia and the European Union
19: Tonia Novitz: Technology as an Aid and as a Barrier to Collective Labour Relations
20: Gordon Anderson and Pam Nuttall: The Good-Faith Obligation: an effective model for promoting voice?
21: Eric Tucker: Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes
22: John Howe: Regulatory Facilitation of Voice
Conclusion
Alan Bogg and Tonia Novitz: Capacity for Voice: Individual and Collective

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.

Contributors:
Alan Bogg, University of Oxford
Tonia Novitz, university of Bristol
Paul Roth, University of Otago
Janice Fine, Rutgers University
Rae Cooper, University of Sydney
Anne Davies, University of Oxford
Virginia Mantouvalou, University College London
Sara Slinn, York University
Anthony Forsyth, RMIT University
Cynthia Estlund, New York University
Andrew Johnston, University of Queensland
Wanjiru Njoya, London School of Economics
Tess Hardy, University of Melbourne
Keith Ewing, King's College London
Gregor Gall, University of Hertfordshire
Stephen Bach, King's College London
Breen Creighton, RMIT University
Douglas Brodie, University of Stirling
Mark Freedland, University of Oxford
Nicola Countouris, University College London
Lance Compa, Cornell University
Shae McCrystal, University of Sydney
Phil Syrpis, University of Bristol
Gordon Anderson, Victoria University
Pam Nuttall, Auckland University of Technology
Eric Tucker, Osgoode Hall Law School
John Howe, University of Melbourne