Heft36 1 - SFB 580 - Friedrich-Schiller-Universität Jena
Heft36 1 - SFB 580 - Friedrich-Schiller-Universität Jena
Heft36 1 - SFB 580 - Friedrich-Schiller-Universität Jena
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LYUDMYLA REFERENCES LITERATUR VOLYNETS<br />
strate, collective bargaining is ineffective.<br />
Beyond the weaknesses in union ability to<br />
enforce the regulation of IR, collective agreements<br />
can be considered arena of contestation<br />
between different trade unions. In particular,<br />
in the case that more unions exist at the same<br />
enterprise, they must establish a joint representation<br />
body to negotiate and sign agreements.<br />
Respectively, if unions fail to establish such<br />
a body (a quite probable case in light of the<br />
intra-union rivalries), employers can choose<br />
the union to negotiate with. This allocates<br />
some advantages to the ex-official unions and<br />
basically marginalizes or excludes independent<br />
trade unions from the arena of such regulation<br />
of working conditions.<br />
COLLECTIVE LABOUR DISPUTES AND SETTLE-<br />
MENT PROCEDURES<br />
The institutions of dispute settlement were<br />
implemented in Ukraine only in 1998. They<br />
are based on the procedure of conciliation between<br />
the contractual parties, and envisage the<br />
disputes solution by labour arbitrary and National<br />
Service of Mediation and Conciliation.<br />
The latter is responsible for the registration of<br />
disputes and issues non-binding recommendation<br />
to solve the relevant issues. Interestingly,<br />
the facilitation of the collective disputes by the<br />
national conciliation service acquired the forms<br />
of the suppression of protest actions undertaken<br />
in cases of disputes. Only in the case that the<br />
parties to the dispute have completed all mediation<br />
and conciliation procedures can strikes<br />
be declared. Otherwise, strikes are illegal. Thus,<br />
the legislative regulation of labour disputes, in<br />
fact, prompts the individualization of labour<br />
conflicts and their resolution through long,<br />
drawn-out judicial procedures rather than on<br />
the basis of mobilization 22 .<br />
This kind of regulation originates from the<br />
promotion of social partnership in Ukraine<br />
by ILO. The benefits of the consensus-driven<br />
policy process are undeniable - the articulation<br />
of labour disputes is channelled into an<br />
arbitrary sphere by law in a way that creates<br />
obstacles for workers’ collective action at<br />
times where interests can be pursued solely<br />
in a militant manner. Many union leaders<br />
explain the lack of strikes by these legal preconditions<br />
23 . In particular, major obstacles<br />
arise out of this for independent trade unions.<br />
Whereas the emergence of many unions is<br />
conflict-driven, independent trade unions are<br />
established in cases where conflicts that arise<br />
are not absorbed by any mechanisms of their<br />
institutional articulation. Until the conciliation<br />
procedures are completed, unions are all<br />
too often pressured and destroyed. The spread<br />
of such experiences among new trade unions<br />
makes the further establishment of independent<br />
trade unions more difficult 24 .<br />
THE SCOPE OF UKRAINIAN TRADE UNIONISMS<br />
Notably, in early socialism trade unions were<br />
basically imposed on workers: membership<br />
was automatic, trade unionism was<br />
modelled on the monolithic principles,<br />
and workers’ relationships to Seite page 227<br />
the unions were structured along<br />
distributor-consumer principles. Instead<br />
of articulating workers’ concerns (other<br />
than the violation of the law) through trade<br />
unions, workers were disciplined by them.