This chapter presents the granularity, diversity and complexity of national collective bargaining systems in OECD countries. The analysis confirms the need to go beyond the usual macroeconomic indicators of collective bargaining: standard indicators of hedging, trade union density or centralisation mask a wide variation in collective bargaining systems. The overall quality of labour relations, assessed by senior managers, and confidence in trade unions in the general population vary considerably from country to country. These factors are clearly not related to a particular trading model, nor do they show a clear trend over the past 10 to 15 years. In most OECD countries, the number of working days lost due to strikes and lockouts has decreased significantly since the 1990s. Mediation and arbitration procedures can also play an important role in the elimination of conflicts and agreement in collective bargaining, thereby contributing to the strengthening of the system`s overall governance capacity. In almost half of OECD countries, mediation and arbitration procedures are under way in inter-professional and business-like agreements and, in about two-thirds of cases, mediation procedures are mandatory. In other countries, such as Norway.B, there are mediation mechanisms outside the agreements. The Norwegian National Ombudsman acts as a mediator in conflicts of interest between employers` and trade union organisations, i.e. in the event of a failure of negotiations for the extension or establishment of an agreement. The purpose of mediation is to avoid labour disputes that cannot in fact be initiated legally before mediation is attempted. The Norwegian Labour Court is a special tribunal charged with settling labour disputes relating to the interpretation, validity and existence of collective agreements, breach of contract and the obligation to peace, as well as claims for damages resulting from such violations and acts of unlawful control.
Brown confirmed applications for unpaid contributions from Teamster Annuity Job Training, Pension and Welfare Funds. The Second Circuit held this not only under taft-Hartley Sections 301 and 302, but also under erisa Section 515, 29 U.S.C. Sec. 1145 for good. This is another important change since 1968, when Moglia was decided. ERISA came into force in the meantime and has made many changes. An important change that encourages lawsuits like Brown is that the dominant parties can recover both the liquidated damages and their legal fees according to ERISA. Taft-Hartley funds and unions that want to impose contribution commitments on Brown from unsigned “adopted” employment contracts have significant weapons in their legal arsenal. Finally, Table 2.3 also shows that collective agreements can be applied retroactively, i.e.
before the signing date, to ensure the maintenance of rights and obligations in the event of late renewal. Most OECD countries leave it to the social partners to decide on the payment of arrears. In some cases, retroactivity applies to all businesses and workers, including those covered by administrative extensions (or their functional equivalent).