Resumen de This article, based largely on research carried out for the European Foundation for the Improvement of Living and Working Conditions, examines the extent to which European Works Councils have concluded joint texts with management, and the content and context of such texts. The practice of negotiating joint texts appears to be very limited, but growing, with some more substantive texts starting to appear. Most joint texts are frameworks for lower-level action, and the key themes dealt with are company restructuring and social rights. It seems that the dynamics within each company that lead to t
The German law of conflict resolution in labour law distinguishes between legal disputes and regulatory disputes or conflicts of interest. The industrial tribunals have exclusive competence in the resolution of legal disputes; regulatory disputes can be tackled by various out-of-court mechanisms, especially collective disputes at plant level. It would contravene the constitutional principle of free collective bargaining legally to prescribe compulsory conciliation or arbitration in collective bargaining disputes. The fact that individual disputes are referred to the tribunals or courts does not mean, however, that they will necessarily be treated in a legal way and decided and result in a judgment. The tribunals work as active conciliators as well. It is an open political question how mechanisms at plant level can contribute to resolving these kinds of disputes.
