Trade union

 ( Labor Relations ) 

In Western Europe, professional associations often carry out the functions of a trade union. In these cases, they may be negotiating for white-collar or professional workers, such as physicians, engineers or teachers. In Sweden the white-collar unions have a strong position in collective bargaining where they cooperate with blue-colar unions in setting the "mark" (the industry norm) in negotiations with the employers' association in manufacturing industry.Kjellberg, Anders (2023) "Trade unions in Sweden: still high union density, but widening gaps by social category and national origin". In Jeremy Waddington & Torsten Mueller & Kurt Vandaele (eds.) Trade unions in the European Union. Picking up the pieces of the neoliberal challenge. Brussels: Peter Lang and Etui. Series: Travail et Société / Work and Society, Volume 86, 2023, chapter 28, pp. 1051–1092.Kjellberg, Anders (2023) The Nordic Model of Industrial Relations: comparing Denmark, Finland, Norway and Sweden. Department of Sociology, Lund University and Max Planck Institute for the Study of Societies, Cologne.

A union may acquire the status of a "juristic person" (an artificial legal entity), with a mandate to negotiate with employers for the workers it represents. In such cases, unions have certain legal rights, most importantly the right to engage in collective bargaining with the employer (or employers) over wages, working hours, and other terms and conditions of employment. The inability of the parties to reach an agreement may lead to industrial action, culminating in either strike action or management lockout, or binding arbitration. In extreme cases, violent or illegal activities may develop around these events.

In some regions, unions may face active repression, either by governments or by extralegal organizations, with many cases of violence, some having lead to deaths, having been recorded historically. Amnesty International report 23 September 2005 – fear for safety of SINALTRAINAL member José Onofre Esquivel Luna

Unions may also engage in broader political or social struggle. Social Unionism encompasses many unions that use their organizational strength to advocate for social policies and legislation favourable to their members or to workers in general. As well, unions in some countries are closely aligned with political party. Many Labour parties were founded as the electoral arms of trade unions. Unions are also delineated by the service model and the organizing model. The service model union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organizing model typically involves full-time , who work by building up confidence, strong networks, and leaders within the workforce; and confrontational campaigns involving large numbers of union members. Many unions are a blend of these two philosophies, and the definitions of the models themselves are still debated. Informal economy often face unique challenges when trying to participate in trade union movements as formal trade union organizations recognized by the state and employers may not accommodate for the employment categories common in the informal economy. Simultaneously, the lack of regular work locations and loopholes relating to false self-employment add barriers and costs for the trade unions when trying to organize the informal economy. This has been a significant threshold to labour organizing in low-income countries, where the labour force mostly works in the informal economy.

In the United Kingdom, the perceived left-leaning nature of trade unions (and their historical close alignment with the Labour Party) has resulted in the formation of a reactionary right-wing trade union called Solidarity which is supported by the far-right BNP. In Denmark, there are some newer apolitical "discount" unions who offer a very basic level of services, as opposed to the dominating Danish pattern of extensive services and organizing. In contrast, in several European countries (e.g. Belgium, Denmark, the Netherlands and Switzerland), religious unions have existed for decades. These unions typically distanced themselves from some of the doctrines of orthodox Marxism, such as the preference of atheism and from rhetoric suggesting that employees' interests always are in conflict with those of employers. Some of these Christian unions have had some ties to centrist or conservative political movements, and some do not regard strikes as acceptable political means for achieving employees' goals. In Poland, the biggest trade union Solidarity emerged as an anti-communism movement with religious nationalist overtones and today it supports the right-wing Law and Justice party. Solidarność popiera Kaczyńskiego jak kiedyś Wałęsę at news.money.pl

Although their political structure and autonomy varies widely, union leaderships are usually formed through democratic .See E McGaughey, 'Democracy or Oligarchy? Models of Union Governance in the UK, Germany and US' (2017) ssrn.com Some research, such as that conducted by the Australian Centre for Industrial Relations Research and Training, argues that unionized workers enjoy better conditions and wages than those who are not unionized.

Concerning labour market regulation in the EU, Gold (1993)Gold, M., 1993. The Social Dimension – Employment Policy in the European Community. Basingstoke England UK: Macmillan Publishing and Hall (1994)Hall, M., 1994. Industrial Relations and the Social Dimension of European Integration: Before and after Maastricht, pp. 281–331 in Hyman, R. & Ferner A., eds.: New Frontiers in European Industrial Relations, Basil Blackwell Publishing have identified three distinct systems of labour market regulation, which also influence the role that unions play:

• "In the Continental European System of labour market regulation, the government plays an important role as there is a strong legislative core of employee rights, which provides the basis for agreements as well as a framework for discord between unions on one side and employers or employers' associations on the other. This model was said to be found in EU core countries such as Belgium, France, Germany, the Netherlands and Italy, and it is also mirrored and emulated to some extent in the institutions of the EU, due to the relative weight that these countries had in the EU until the EU expansion by the inclusion of 10 new member states in 2004.
• In the Anglo-Saxon System of labour market regulation, the government's legislative role is much more limited, which allows for more issues to be decided between employers and employees and any union or employers' associations which might represent these parties in the decision-making process. However, in these countries, collective agreements are not widespread; only a few businesses and a few sectors of the economy have a strong tradition of finding collective solutions in labour relations. Ireland and the UK belong to this category, and in contrast to the EU core countries above, these countries first joined the EU in 1973.
• In the Nordic System of labour market regulation, the government's legislative role is limited in the same way as in the Anglo-Saxon system. However, in contrast to the countries in the Anglo-Saxon system category, this is a much more widespread network of collective agreements, which covers most industries and most firms. This model was said to encompass Denmark, Finland, Norway and Sweden. Here, Denmark joined the EU in 1973, whereas Finland and Sweden joined in 1995."

The United States takes a more laissez-faire approach, setting some minimum standards but leaving most workers' wages and benefits to collective bargaining and market forces. Thus, it comes closest to the above Anglo-Saxon model. Also, the Eastern European countries that have recently entered into the EU come closest to the Anglo-Saxon model.

In contrast, in Germany, the relation between individual employees and employers is considered to be asymmetrical. In consequence, many working conditions are not negotiable due to a strong legal protection of individuals. However, the German flavor or works legislation has as its main objective to create a balance of power between employees organized in unions and employers organized in employers' associations. This allows much wider legal boundaries for collective bargaining, compared to the narrow boundaries for individual negotiations. As a condition to obtain the legal status of a trade union, employee associations need to prove that their leverage is strong enough to serve as a counterforce in negotiations with employers. If such an employee's association is competing against another union, its leverage may be questioned by unions and then evaluated in labour court. In Germany, only very few professional associations obtained the right to negotiate salaries and working conditions for their members, notably the medical doctor's association and the pilots association . The engineer's association Verein Deutscher Ingenieure does not strive to act as a union, as it also represents the interests of engineering businesses.

Beyond the classification listed above, unions' relations with political parties vary. In many countries unions are tightly bonded, or even share leadership, with a political party intended to represent the interests of the working class. Typically, this is a left-wing, socialist, or party, but many exceptions exist, including some of the aforementioned Christian unions. In the United States, trade unions are almost always aligned with the Democratic Party with a few exceptions. For example, the International Brotherhood of Teamsters has supported Republican Party candidates on a number of occasions and the Professional Air Traffic Controllers Organization (PATCO) endorsed Ronald Reagan in 1980. In the United Kingdom trade union movement's relationship with the Labour Party frayed as party leadership embarked on privatization plans at odds with what unions see as the worker's interests. However, it has strengthened once more after the Labour party's election of Ed Miliband, who beat his brother David Miliband to become leader of the party after Ed secured the trade union votes. Additionally, in the past, there was a group known as the Conservative Trade Unionists, or CTU, formed of people who sympathized with right wing Tory policy but were Trade Unionists.

• A closed shop (US) or a "pre-entry closed shop" (UK) employs only people who are already union members. The compulsory hiring hall is an example of a closed shop—in this case the employer must recruit directly from the union, as well as the employee working strictly for unionized employers.
• A union shop (US) or a "post-entry closed shop" (UK) employs non-union workers as well but sets a time limit within which new employees must join a union.
• An agency shop requires non-union workers to pay a fee to the union for its services in negotiating their contract. This is sometimes called the Rand formula.
• An open shop does not require union membership in employing or keeping workers. Where a union is active, workers who do not contribute to a union may include those who approve of the union contract (free riders) and those who do not. In the United States, state level right-to-work laws mandate the open shop in some states. In Germany only open shops are legal; that is, all discrimination based on union membership is forbidden. This affects the function and services of the union.

An EU case concerning Italy stated that, "The principle of trade union freedom in the Italian system implies recognition of the right of the individual not to belong to any trade union ("negative" freedom of association/trade union freedom), and the unlawfulness of discrimination liable to cause harm to non-unionized employees."

In the United Kingdom, previous to this EU jurisprudence, a series of laws introduced during the 1980s by Margaret Thatcher's government restricted closed and union shops. All agreements requiring a worker to join a union are now illegal. In the United States, the Taft–Hartley Act of 1947 outlawed the closed shop.

In 2006, the European Court of Human Rights found Danish closed-shop agreements to be in breach of Article 11 of the European Convention on Human Rights and Fundamental Freedoms. It was stressed that Denmark and Iceland were among a limited number of contracting states that continue to permit the conclusion of closed-shop agreements.