ABSTRACT

This chapter proceeds from the assertion that while there are certainly points of contrast between the two systems, the characterisation of collective bargaining as essentially antagonistic is over-simple and misleading. Within the field of collective bargaining a distinction is often made between consultation and negotiation and this distinction is again becoming important. Two distinct aspects of collective bargaining may be considered to act as practical constraints on the process of negotiations. The first is a limitation on the scope of collective bargaining; and the second involves the nature of the procedures and understandings on which the process is based, both formally and informally. The ambivalence was perhaps best recognised by the Donovan Commission, albeit unintentionally, in its implied contrast between restrictive practices and other aspects of shopfloor bargaining. The latter, largely conducted by shop stewards, was perceived as the basis of beneficial future developments.