Gender inequality remains both a pressing social issue and a fruitful area of social science research. This edited volume seeks to examine gender inequality and the production of well-being in Europe from an interdisciplinary perspective that is perhaps more feminist economics than sociology. The chapters draw on historical and contemporary European examples and offer a somewhat different take (both theoretically and methodologically) on what is usually found in American sociology journals. This book takes a broader view on gender inequalities and the production of wellbeing, with the ‘‘capability approach’’ serving as the theoretical connection between the chapters. The chapters reemphasize that social reproduction is more complex than the production of goods. The various authors also call for and (in the empirical chapters) take into account the socio-political and economic context. An entire chapter is dedicated to the introduction of the capability approach (Chapter Two). But the description of the theory remains lacking amidst numerous references that point the reader towards clarification elsewhere. The authors posit that well-being is an important outcome, and that the production of well-being itself needs to be included in the study of gender inequality (Chapter One), while also demanding that women are not just another vulnerable group (Chapter Four). Chapter Three further challenges conventional notions about the evolution of the ‘‘modern family’’ in the wake of the industrialization process, and argues that the fragility of families is not a novel concept. These theoretical chapters call for a more multidimensional assessment of gender inequality, and remind readers of the importance of the concept and production of well-being. The topics covered in the two empirical parts of the book are very diverse in terms of subject, methodology, and historical time period. The first empirical section ‘‘Gender Care and Work’’ is held together by the challenge to the idea of women as passive victims and in need of assistance. Chapter Five demonstrates widows’ relative economic independence in urban Sweden and Finland from 1890 to 1910, and Chapter Six shows the centrality of female relatives in caring for extended family members in times of crisis. Chapter Seven reaffirms the idea that intergenerational support is not one-sided, and those often thought of as needing care due to older age are also givers of care and other forms of support. The findings from the chapters emphasize the importance of non-monetary transfers outside the market system. The theme of caregiving is readdressed in later chapters which illustrate how home caregiving in Belgium is situated between the public/market divide (Chapter Nine) and the problems of combining market work with caregiving, especially for those in the ‘‘sandwich generation’’ (Chapter Ten). In a seeming departure from studies in the capability approach tradition, Chapter Eight is a more typical time-use study that examines the gender asymmetry in unpaid labor in Italy. The results are not novel as women are found to do more unpaid work, especially in couples with children. The second empirical part of the book focuses on the intra-household allocation of resources. Three of the five chapters in this section center primarily on the nineteenth century, examining consumption patterns in Spain (Chapter 11), gender differences in children’s schooling in Switzerland (Chapter 12), and the differences in the treatment of and opportunities for celibate men and women in the Pyrenees (Chapter 13). These chapters illustrate gender differences, but not in

Managing the Margins: Gender, Citizenship, and the International Regulation of Precarious Employment

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Collected Poems 1909 1962

‘Collective Autonomy in the European Union’ explores the question of collective autonomy by investigating the relationship between collective bargaining and legal regulation and its current evolution in the national contexts and in the EU internal market. The thesis aims at achieving a comprehensive understanding of the notion, function and exercise of collective autonomy and collective bargaining, and it argues that collective autonomy and collective bargaining in contemporary Europe present challenges that alter their basic features. To this end, the thesis undertakes a multifaceted analysis integrating three perspectives: a theoretical perspective analysing and combining the conceptual elements of collective autonomy and collective bargaining as defined in industrial relations theories, labour law theories, and in the discourses on global labour rights; a comparative perspective analysing how collective autonomy and collective bargaining have found legal regulation in the Italian and Swedish labour law and industrial relations contexts; a cross-border perspective examining how the EU regulation of the internal market freedoms of establishment and to provide services impacts on the features of collective autonomy and collective bargaining.By combining elements of international, European and comparative labour law, EU internal market law, and industrial relations, this thesis explores the unique features of collective autonomy and collective bargaining as socio-economic mechanisms having a normative power, whose functioning is however influenced by legal dynamics. Eventually, it examines the transformation that the foundations of collective autonomy and collective bargaining undergo in relation to the challenges deriving from both the processes of company-level decentralisation and the dynamics of the cross-border scenarios in the EU internal market. Ultimately, the thesis contributes to advancing the understanding of the foundations of collective autonomy and to exploring its operations beyond national borders. (Less)

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Collective Autonomy in the European Union: Theoretical, Comparative and Cross-border perspectives on the Legal Regulation of Collective Bargaining

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barome- ters of engagement are lacking in the literature. This the- oretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mech- anism. After describing the tenets of substantive engage- ment, the paper draws from the labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper con- cludes by addressing anticipated objections and short- comings and discussing implications for theory and research.

The Principle of Good Faith: Toward Substantive Stakeholder Engagement

Since it was first elected in 1997, a large Commons majority won in three general elections and a benign economic environment have combined to give New Labour the authority and opportunity to implement its programme for industrial relations and employment law. This paper offers an appraisal of New Labour’s neoliberalism, and its relevance for understanding the scope and limits of its reform of employment law. The conclusion calls for a campaign to restore and extend trade union rights as a prerequisite for safeguarding workers’ interests within the labour market, employment relationship and society.

Nine Years of New Labour: Neoliberalism and Workers’ Rights

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‘Voice’ and ‘Choice’ in Modern Working Practices: Problems With the Taylor Review

The Trade Union Act 2016 marks a historically significant realignment in the ideological politics of trade union regulation. It represents a more authoritarian style of Conservative ideology and statecraft in the sphere of trade union regulation, and this is reflected in three main characteristics: (i) a repressive strategy of de-democratisation, undermining political resistance and stifling dissent in the democratic process; (ii) heavier reliance on direct State coercion, including the techniques of criminalisation, alongside the empowerment of employers to use civil law remedies against trade unions and workers in industrial action situations; (iii) the elevation of social order in the regulation of strike activity. The article then considers the likely prospects of the legislation, and the wider ideological significance of this turn towards authoritarianism for Conservative political thought ‘beyond neo-liberalism’.

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Beyond Neo-Liberalism: The Trade Union Act 2016 and the Authoritarian State

Rediscovering Collective Bargaining: Australia's Fair Work Act in International Perspective

Part 1: Historical Perspectives on Union Recognition and the Law 1 Reappraising Kahn-Freund: The Coherence of Collective Laissez-Faire I INTRODUCTION II CLF AND ITS CRITICS III CLF AND THE 'PLURALISTIC CONSTITUTION' A Introduction B Collective Bargaining as Industrial Democracy: The Influence of American Political Pluralism C The State and Collective Bargaining: The Influence of English Political Pluralism (i) Sovereignty and Pluralism (ii) The Real Personality of Groups and Pluralism IV CLF DEFENDED: THREE CRITIQUES OF CLF A The Abstentionist Critique B The Neutrality Critique C The Coherence Critique (i) The Legal Duty to Bargain I: The Pragmatic Objection to Direct Auxiliary Support (ii) The Legal Duty to Bargain II: The Normative Argument against Direct Auxiliary Support V CONCLUSION 2 The Rise of the Legal Duty to Bargain: The Resilience of Collective Laissez-Faire I INTRODUCTION II TWO CONCEPTIONS OF INDUSTRIAL RELATIONS PLURALISM: PLURALIST AND CIVIC VOLUNTARISM, AND THE DONOVAN COMMISSION REPORT A Flanders, Clegg and the 'Oxford School' of Industrial Relations B Flanders' Evidence to the Donovan Commission: The Proposal for Direct Auxiliary Support C Pluralist and Civic Voluntarism within the Donovan Commission (i) Criteria of Union Representativity: The Determination of Bargaining Agents (ii) The Regulation of the Collective Bargaining Process III THREE EXPERIMENTS IN DIRECT AUXILIARY INTERVENTION: THE ECLIPSE OF CLF? A The Legal Duty to Bargain I: The Commission on Industrial Relations 1969-1971 (i) Bargaining Units and Bargaining Agents: The Eclipse of Group Autonomy? (ii) The Legal Duty to Bargain: The Resilience of Group Autonomy? B The Legal Duty to Bargain II: The Industrial Relations Act 1971 and CIR II (i) Bargaining Units and Bargaining Agents: State Neutrality or State Partiality? (a) Legislative Ideology and Governmental Neutrality (b) CIR II and State Partiality (ii) The Legal Duty to Bargain: The Resilience of Group Autonomy? C The Legal Duty to Bargain III: ACAS and the 'Social Contract' Era (i) Bargaining Units and Bargaining Agents: The Eclipse of Group Autonomy? (a) ACAS and the Civic Approach to Allocating Bargaining Rights (b) The Courts and the Liberal Approach to Allocating Bargaining Rights (ii) The Legal Duty to Bargain: The Resilience of Group Autonomy? IV CONCLUSION Part 2: Two Conceptions of Third Way Labout Law: Liberals and Civic Republicans 3 The Third Way and Liberal Labour Law I INTRODUCTION II NEW LABOUR'S APPROACH TO COLLECTIVE LABOUR LAW: NEO-LIBERAL OR LIBERAL? A Varieties of Liberalism B The Role of Incompletely Theorised Agreements (i) Incompletely Theorised Agreements I: The Case of the Closed Shop (ii) Incompletely Theorised Agreements II: The Case of Internal Union Democracy C The Impossibility of Incompletely Theorised Agreement: The Case of Trade Union Recognition III NEW LABOUR'S LIBERALISM AND THE CIVIC REPUBLICAN CRITIQUE IV LIBERALISM, COMMUNITY AND LABOUR LAW: THREE LIBERAL POSITIONS A Liberal Neutrality: The State, Trade Unions and the Cultural Marketplace (i) Evaluating the Cultural Marketplace I: The Problem of Deliberative Distortion (ii) Evaluating the Cultural Marketplace II: Choosing the Time and Place of Organisational Activity B Beyond Liberal Neutrality: The State, Trade Unions and Liberal Justice C Beyond Liberal Neutrality: Autonomy, Community and Perfectionist Liberalism (i) Perfectionist Liberalism and the Compulsory Normative Effect of Collective Agreements (ii) Perfectionist Liberalism and the Problem of Union Discipline of Individual Dissentients V CONCLUSION 4 The Third Way and Republican Labour Law I INTRODUCTION II THE GOOD OF COMMUNITY A Community in Civic Republican Thought B Freedom of Association and Civic Community (i) Civic Community and the Closed Shop (ii) Civic Community and the Trade Unionist Conscientious Objector (iii) Civic Community and Secondary Industrial Action (iv) Civic Community and the Right to Organise III THE GOOD OF COLLECTIVE SELF-GOVERNMENT A Freedom as Collective Self-Government as a Political Ideal B Freedom as Collective Self-Government and Collective Bargaining (i) Pluralist and Deliberative Democracy: Allocating Bargaining Rights (ii) Pluralist and Deliberative Democracy: The Duty to Bargain (a) The Legal Duty to Bargain: Passive or Active? (b) Bargaining Structure: The Perils of Excessive Decentralisation (c) Towards a Civic Bargaining Agenda? IV THE GOOD OF NON-DOMINATION A Non-Domination as a Political Ideal B Non-Domination as a Labour Law Ideal C Freedom as Non-Domination in the Workplace: Welfare Capitalism or Collective Bargaining? D The Civic Limitations of New Labour's Conception of 'Social Partnership' (i) The Civic Limitations of Consultation (ii) The Civic Limitations of Voluntary Recognition: The Need for a Company Union Ban V CONCLUSION Part 3: Evaluating the Schedule A1 Recognising Procedure 5 The Political Theory of Union Recognition Campaigns I: Liberal Neutrality and the Cultural Marketplace I INTRODUCTION II REGULATING THE CULTURAL MARKETPLACE I: THE PROBLEM OF UNFAIR PRACTICES A The North American Model of 'Unfair Labor Practices' B Unfair Practices and Ballot Regulation under Schedule A1 (i) ERA 2004 and the Unfair Practice Regime (a) Problems of Definition (b) Problems of Interpretation (ii) The CAC's General Supervisory Jurisdiction over the Ballot Procedure (iii) Minimising Legal Delay: Regulatory and Reconstructive Conceptions of Statutory Recognition (a) Paragraph 22(4)(c) (b) Paragraph 22(4)(b) (c) Paragraph 22(4)(a) III REGULATING THE CULTURAL MARKETPLACE II: ENSURING EQUAL CAMPAIGN OPPORTUNITIES A The Sanctity of Private Property in the US Recognition Procedure (i) The Right to Private Property: Realism and Neutrality (ii) The Union's Right to Organise B Employer Property Rights and Union Organisational Access under Schedule A1 IV CONCLUSION 6 The Political Theory of Union Recognition Campaigns II: The Problem of Adaptive Preferences I INTRODUCTION II MODELS OF POLITICAL AND INDUSTRIAL DEMOCRACY: DEMOCRACY AS PREFERENCE AGGREGATION AND THE PROBLEM OF DISTORTED PREFERENCES A Adaptive Preferences and Collective Bargaining B Endowment Effects and Collective Bargaining III FIVE CIVIC STRATEGIES FOR COUNTERING DISTORTED PREFERENCES A CAC Interpretation of Admissibility Thresholds (i) Union Membership and Support for Recognition: What is the Relationship? (ii) Adaptive and Non-Adaptive Conceptions of Preference Formation (a) Non-Adaptive Preferences: Narrowing the Time Frame (b) Adaptive Preferences: Broadening the Time Frame B Preference Shaping through Deliberative Democracy C Shifting Default Arrangements through Voluntary Recognition D Shifting the Default Position through Staged Recognition (i) The Dilemma of Union Substitution (ii) The Dilemma of Union Instrumentality E The Right to Organise (i) Legal Constraints: Union Activists and Confrontational Tactics (ii) Legal Support: The Case of Bargaining Unit Determination IV CONCLUSION 7 The Political Theory of Collective Bargaining: Pluralism, Deliberation and the Duty to Bargain I INTRODUCTION II TWO CONCEPTIONS OF POLITICS: PLURALIST AND DELIBERATIVE DEMOCRACY III A DELIBERATIVE CONSTITUTION OF INDUSTRIAL DEMOCRACY: DELIBERATION DEFENDED A Consensus and Disagreement: Unitary or Pluralist? B Real Politics is about Interests and Power-Deliberation is a Sanitising Distraction C A Deliberative Conception of the Right to Strike IV THE US DUTY TO BARGAIN IN GOOD FAITH: PLURALIST OR DELIBERATIVE? A Good Faith Bargaining: The Ascendancy of Pluralist Politics B Subjects of Bargaining: The Mandatory/Permissive Distinction in the Duty to Bargain (i) Challenging 'Status Quo' Neutrality (ii) The Intrinsic Value of Deliberation C The Demands of Political Equality: Bolstering the Right to Strike V THE DUTY TO BARGAIN IN BRITISH LABOUR LAW: PLURALISM, DELIBERATION AND SOCIAL PARTNERSHIP A The Primacy of Voluntary Practices: Undermining Deliberative Democracy (i) The Nature of Voluntary Collective Bargaining (ii) The Priority of Subsisting Voluntary Recognition Arrangements B The Statutory Duty to Bargain: Pluralist or Deliberative? (i) The Legal Duty to Bargain I: Scope (ii) The Legal Duty to Bargain II: Procedural Nature VI CONCLUSION: COLLECTIVE BARGAINING IN THE DELIBERATIVE IMAGE A Constructive Mediation B Expanding the Bargaining Agenda C Expanding the Employer's Informational Duties D A Deliberative Conception of the Right to Strike E National and Sectoral Bargaining Structures F An Active Duty to Bargain?

Alan Bogg

Papers

‘Voice’ and ‘Choice’ in Modern Working Practices: Problems With the Taylor Review

Beyond Neo-Liberalism: The Trade Union Act 2016 and the Authoritarian State

Rediscovering Collective Bargaining: Australia's Fair Work Act in International Perspective

The Democratic Aspects of Trade Union Recognition

The Implications of the RMT Case