Doctoral Dissertation Research Grant: Legal Action and Collective Bargaining for Workers in a Global Economy

Regents Of The University Of Michigan - Ann Arbor, Ann Arbor MI

Investigators

Abstract

This project studies how workers engage in either legal action or collective bargaining for dispute resolution. It seeks to understand how and when workers are able increase their rights, even when they find little political support and have limited capacities within the workplace. The study asks three questions: (1) Why do some low wage workers use legal action while others use collective bargaining?, (2) When workers attempt collective bargaining why are some able to bring management to the bargaining table and others not?, and(3) If taking legal action, why do some workers attempt to use the law to expand their rights when others do not? To answer these questions, the study compares six different cases of labor disputes and focuses on the role of management, state authorities, and non-governmental organizations working in labor (labor NGOs) in southern China. The data collection combines interviews with workers, attorneys, and non-government organizations associated with the cases with legal and organizational documents from archived files on each case, media reports and participant observation notes from court hearings and meetings with workers. It is expected that managers and firm-level factors will play a crucial role in workers' decisions to use legal action or attempt collective bargaining. State authorities are critical in the collective bargaining process, and their intervention enables some workers to bring management to the bargaining table. Finally, labor NGOs may guide some workers to use legal action to expand their rights; on the other hand, workers who do not engage with labor NGOs use the courtroom strictly for recovering material interests. This study will increase our knowledge of the contemporary industrial setting in China. Such knowledge will improve business and political relationships with China, leading to a more productive relationship to the advantage of all parties.