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The right-to-manage default rule

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  • Mark Harcourt
  • Helen Lam
  • Richard Croucher

Abstract

We critically examine the right-to-manage as a legal default rule. Identifying its deficiencies, we then assess the merits of process and content defaults and identify potentially non-waivable terms and conditions. Finally, we suggest how different options may be combined within systems.

Suggested Citation

  • Mark Harcourt & Helen Lam & Richard Croucher, 2015. "The right-to-manage default rule," Industrial Relations Journal, Wiley Blackwell, vol. 46(3), pages 222-235, May.
    • Handle: RePEc:bla:indrel:v:46:y:2015:i:3:p:222-235
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    File URL: http://hdl.handle.net/10.1111/irj.12101
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    References listed on IDEAS

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    1. Cass R. Sunstein & Richard H. Thaler, 2003. "Libertarian paternalism is not an oxymoron," Conference Series ; [Proceedings], Federal Reserve Bank of Boston, vol. 48(Jun).
    2. William Brown & Simon Deakin & David Nash & Sarah Oxenbridge, 2000. "The Employment Contract: From Collective Procedures to Individual Rights," British Journal of Industrial Relations, London School of Economics, vol. 38(4), pages 611-629, December.
    3. Simon Renaud, 2007. "Dynamic Efficiency of Supervisory Board Codetermination in Germany," LABOUR, CEIS, vol. 21(4‐5), pages 689-712, December.
    4. Richard H. Thaler & Cass R. Sunstein, 2023. "Libertarian paternalism," Chapters, in: Cass R. Sunstein & Lucia A. Reisch (ed.), Research Handbook on Nudges and Society, chapter 1, pages 10-16, Edward Elgar Publishing.
    5. Uwe Jirjahn & Jens Mohrenweiser & Uschi Backes‐Gellner, 2011. "Works Councils and Learning: On the Dynamic Dimension of Codetermination," Kyklos, Wiley Blackwell, vol. 64(3), pages 427-447, August.
    6. John T. Addison & Paulino Teixeira & Thomas Zwick, 2010. "German Works Councils and the Anatomy of Wages," ILR Review, Cornell University, ILR School, vol. 63(2), pages 247-270, January.
    7. Carola M. Frege, 2002. "A Critical Assessment of the Theoretical and Empirical Research on German Works Councils," British Journal of Industrial Relations, London School of Economics, vol. 40(2), pages 221-248, June.
    8. Van Barneveld, K & Waring, P, 2002. "AWAs: A review of the literature and debates," Australian Bulletin of Labour, National Institute of Labour Studies, vol. 28(2), pages 104-119.
    9. Joel Rogers & Wolfgang Streeck, 1995. "Works Councils: Consultation, Representation, and Cooperation in Industrial Relations," NBER Books, National Bureau of Economic Research, Inc, number roge95-1.
    10. Steffen Mueller, 2012. "Works Councils and Establishment Productivity," ILR Review, Cornell University, ILR School, vol. 65(4), pages 880-898, October.
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    Cited by:

    1. Mark Harcourt & Gregor Gall & Margaret Wilson, 2023. "The union default: Effects and implications of regulated opting‐out," Industrial Relations Journal, Wiley Blackwell, vol. 54(2), pages 132-149, March.
    2. Andrew Smith & Kevin Tennent & Jason Russell, 2022. "The rejection of industrial democracy by Berle and Means and the emergence of the ideology of managerialism," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 43(1), pages 98-122, February.

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