EROSION OF UNION POWER IN EUROPE? LESSONS FOR THE INTERNATIONAL BUSINESS CLIENT FROM VIKING LINE AND ITS PROGENY

The force of a mighty labor organization and the determination of an unyielding employer during a labor dispute can elicit the worst of both sides. Traditionally labor-friendly Europe is still reeling over a series of decisions by the Europe Court ofJustice (ECJ) in late 2007 and early 2008, beginni...

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Bibliographic Details
Published inLabor law journal (Chicago) Vol. 63; no. 4; p. 225
Main Author Rasnic, Carol Daugherty
Format Journal Article
LanguageEnglish
Published Riverwoods CCH Incorporated: Health & Human Resources 01.12.2012
Subjects
Collective action
Collective bargaining
Court decisions
Employers
Host country
International business
Labor contracts
Labor disputes
Law
Population
Provisions
Workers
United States > US
Europe
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Summary:The force of a mighty labor organization and the determination of an unyielding employer during a labor dispute can elicit the worst of both sides. Traditionally labor-friendly Europe is still reeling over a series of decisions by the Europe Court ofJustice (ECJ) in late 2007 and early 2008, beginning with the Viking Line decision, with the unions losing in each case. An American business should have some basic knowledge of the differing labor issues it will face in the European work setting and how these decisions have re-shaped the trajectory. An unusual provision in Swedish statutory law is Lex Britannia, adopted after a 1989 conflict when the vessel M/S Britannia had hired cheap Filipino labor. This provision removes the usual statutory Friedenspficht during a labor dispute in instances involving foreign posted workers. On appeal, the case was referred to the ECJ to decide whether Swedish law complied with the Posted Workers Directive and treaty law freedom to provide services.
ISSN:0023-6586