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by The Republic of Scalizagasti. . 12 reads.

URA Recommendation: Vote FOR Repeal: "Fairness in Collective Bargaining"

URA World Assembly Recommendation

SRepeal: Fairness in Collective Bargaining
General Assembly Resolution #530 “Fairness in Collective Bargaining” (Category: Regulation; Area of Effect: Labour Rights) shall be struck out and rendered null and void.

The World Assembly,

Affirming that the protection of workers’ rights to unionise and collectively bargain is an admirable goal,

Understanding that some member nations may wish to balance unions’ rights with those of employers,

Concerned by the definition of ‘interference’ in clause 1, as it only prevents employers from attempting to gain control of labour unions and fails to provide any meaningful protections for the creation or operation of unions,

Noting that the term 'labour union' is not used consistently throughout the target, and that GAR#530 instead utilises various surrogate terms that unscrupulous employers and governments could effectively argue are different types of organisations, and that the protections over one type of organisation do not apply when their own organisation is considered to be another,

Disappointed by GAR#530's use of easily-exploitable language, which creates loopholes in the following sections:

  • 4c, which prohibits labour unions from ‘requiring excessive dues’ without defining what excessive would mean in this context, allowing anti-union governments to define any monetary amount or percentage of income as 'excessive',

  • 4d, which prohibits labour unions from influencing employers to pay for ‘unneeded workers’, stifling the efficacy of labour unions to intervene when employers seek to underpay or cut workers' hours, at will, any time an employer states the worker was 'unneeded',

Believing that GAR#530 does more through its language choices to harm the rights of workers than protect them,

Optimistic that a replacement proposal better suited to protecting labour unions and providing for fair negotiations will soon be passed,

Hereby repeals GAR#530, “Fairness in Collective Bargaining”.

Co-authored by: Junitaki-cho

The World Assembly,

Believing that labor unions are essential in allowing workers to negotiate benefits, freedom from exploitation, and fair compensation on equal footing with their employers,

Commending the efforts of prior WA legislation to strike a reasonable balance between the necessity of effective collective bargaining and the public good, and

Convinced that a more expansive resolution on the subject is necessary, in order to solidify the negotiating ability of workers and provide needed protections for employers where unions are concerned, hereby:

  1. Defines "interference" as any acts intended to place or keep a labor union under the control of an employer whose workers are represented by that union as a bargaining unit;

  2. Prohibits the interference of employers and labor unions in the establishment, functioning, or administration of labor unions;

  3. Prohibits employers from:

    1. unduly impinging on the ability of multiple workers to act in concert to protect their rights; or

    2. discriminating against workers for engaging in concerted activities to protect their rights;

  4. Prohibits labor unions from:

    1. coercing workers in the exercise of their rights or an employer in its choice of bargaining representative;

    2. deliberately influencing an employer to discriminate against certain workers;

    3. requiring excessive dues; or

    4. deliberately influencing an employer to pay for unneeded workers, excepting paid leave and severance-related benefits;

  5. Requires employers and the labor unions that lawfully represent said employers' workers to make a good-faith effort to negotiate with one another;

  6. Mandates that member nations:

    1. establish, if such does not already exist, and maintain an effective system to enforce labor law in relation to collective bargaining and labor practices; and

    2. allow labor unions to deliberately influence an employer to cease doing business with another employer;

  7. Urges member nations to:

    1. promote union membership through union security agreements; and

    2. implement more expansive regulations protecting the ability of workers to collectively bargain with employers.

This General Assembly resolution was written by Sylh Alanor and Junitaki-cho to repeal "Fairness in Collective Bargaining" which was written by Cretox State. You can find the drafting thread on the forums here.

The United Regions Alliance recommends that you vote FOR the resolution

This resolution repeals "Fairness in Collective Bargaining," a resolution which provides workers basic unionization rights. This includes the prevention of interference while forming labour unions and discrimination against workers who engage "in concerted activities to protect their rights." However, this repeal points out numerous flaws in the original resolution. Firstly, the definition of "interference" is limited in scope to solely include control, which does not adequately address other methods of interfering with unions (such as formation or recruitment). Furthermore, the resolution has numerous loopholes that can be exploited by employers to circumvent the rules. These include the prohibition of "excessive" union dues which may be defined as low as $0, and the prevention of unions to support "unneeded workers" which too remains undefined. It should be noted that the authors of this repeal plan on submitting a replacement for "Fairness in Collective Bargaining." Overall, the URA agrees with the findings of the repeal, and believes that the original resolution should be replaced with one that does not suffer from similar flaws.

The following comments were given on the LinkURA Discord server:

Overseer of the Assembly Scalizagasti wrote,

Scalizagasti wrote:Full support for this and the upcoming replacement. The repeal points out some serious flaws in the original resolution, which allows for potential abuse by employers through loopholes.

The Great Experiment resident Pekares wrote,

Pekares wrote:[In reference to the replacement] matter of national legislation, not international. oppose any such law even if they on a national level would be good. I support this one, and oppose the replacement

This document was authored by Scalizagasti on behalf of the United Regions Alliance. Please do not reproduce it without permission.

The Republic of Scalizagasti