理解工会促进同工同酬诉讼策略的变化:对英国案例的反思

Understanding the variations of unions' litigation strategies to promote equal pay: reflection on the British case

Cambridge Journal of Economics · 2015
被引 30
人大 A-ABS 3

中文导读

研究了英国工会自1970年以来如何利用欧洲立法推动性别和薪酬平等诉讼,分析了不同时期工会诉讼策略变化的条件和争议。

Abstract

Despite their traditional mistrust of the use of the law and their uneasy relationship with the concept of equality, British trade unions have used the law in various ways in order to advance both gender and pay equality. Since 1970, some trade unionists have been making use of European legislation to improve legal norms and build a strong body of case law. They have developed legal expertise and detailed knowledge of the practicalities of the law and have supported numerous claims. However this use of litigation has not developed consistently over time and across unions. Litigation has been quite controversial within the trade union movement. This article seeks to investigate what are the conditions under which some trade unionists have decided to rely upon litigation to further their female members’ interests, depending on the time period. The article emphasises the crucial role these local trade unionists have played in the development of equal pay litigation. The paper builds on a ‘developmental approach’ that differentiates several ‘stages’ or phases in which union’s litigation strategies for equal pay figure differently.

英国工会同工同酬诉讼策略性别平等