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4 Contestatory Unionism : Trade Unions in the Private Sector1 Stephen Wing Kai Chiu and David A. Levin • Introductio n In the early 1980s, studies by England and Rear, and Turner et al. of Hong Kong's postwar industria l relation s conclude d tha t th e loca l trad e union movemen t had only marginal influence at the workplace, industry and societal levels. Their explanations fo r thi s marginalit y differe d however . Englan d an d Rea r pu t considerable stress on the nature of worker orientations in combination wit h the structure an d functioning o f the labour market as a major determinan t of the ineffectiveness o f the union movement.2 Turne r et al. by contrast put more weight on the influence of internal organizational factors within the numerically dominant union federation a s the key cause of the movement's marginality. 3 Both studie s di d howeve r reac h simila r conclusion s abou t th e unio n movement's future . Englan d an d Rea r predicte d tha t th e 'lac k o f employe e organization at the workplace level will continue to be a major characteristic , alleviated onl y b y th e appearanc e i n dispute s o f a d hoc representative s an d outside "advisers " '. 4 Civi l servic e unions migh t persis t i n pursuit o f thei r sectional interests but with limited repercussions outside this context. Turner et al . also held a pessimistic vie w o f the movement' s abilit y t o play a more dynamic role in protecting and advancing the interests of private sector workers. They proposed the creation of a system of workplace councils as 'a substitute, but non-competitive, equivalent to a normal labour movement when the major trade union organization is inhibited from actin g as one.' 92 Stephe n Wing Kai Chiu and David A. Levin These observers hedged their bets however in light of the turmoil in public sector labour relations in the late 1970s . This turmoil suggeste d to Turner e t al.5 ... new reluctance on the part of younger and better educated employees t o accept existin g relationship s equably , i f i n a limite d contex t s o far, - bu t this dissen t ma y wel l exten d i n futur e t o th e territory' s rathe r notabl e degree of general inequality . The pas t 'comparativ e docility ' o f th e labou r forc e wa s likel y t o b e furthe r undermined, they argued, by inflationary pressures and strains on state welfare service delivery due to the large surge of immigration in the late 1970s. England and Rea r outline d a possible scenari o o f cumulativ e tension s i n industria l relations as the private sector unions and the unorganized followed the lead of public sector unions in pushing for sectional interests.6 But thes e wer e mino r qualifications . Th e principa l expectation s o f thes e observers with respect to the future of the trade union movement were twofold. First, th e movemen t woul d underg o littl e change . I t woul d remai n largel y confined t o it s existin g organizationa l boundaries , wit h continuin g fragmentation and marginal influence in the wider society. Second, labour unrest could wel l sprea d i n th e privat e sector . I f i t did , th e questio n the n becam e whether i t coul d b e containe d i n th e genera l absenc e o f institutionalize d procedures for conflict regulation at the enterprise level. The aim of this chapter is to assess the validity of these predictions in light of developments in the trade union movement sinc e the early 1980s . The key question is whether changes in the movement's economic, political and social environments sinc e the early 1980 s have further reinforce d it s marginality, or whether these changes are inducing the union movement to re-invent itself s o that it can become a major player in shaping Hong Kong's future development . More specifically, i s private sector unionism in Hong Kong emerging from it s historical encapsulation in a rhetorical form of political unionism...

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