Europeizzazione o rinazionalizzazione delle relazioni industriali?

1. Gemania, Italia, Europa: le risposte alla crisiLe strategie delle istituzioni, della politica e dei sindacati a confronto Europeizzazione o rinazionalizzazione delle relazioni industriali? Il ruolo degli accordi transnazionali Volker Telljohann IRES Emilia-Romagna Bologna, 21/22 ottobre 2010

2. Structure of presentation • Definition of TFA • Spread and geographical distribution • Drivers • Content of agreements • Role of EWCs and EIFs • TFAs during the crisis • Conclusions

3. General context The recent activity of negotiation at the EU company-level (Transnational Framework Agreements or TFAs) is seen to: • Constitute a new instrument of industrial relations; • Contribute to the internationalization of industrial relations; • Provide a framework for enhancing and protecting the workers’ interests in situation of crisis • Transnational approach and timeliness decisive aspects to guarantee effectiveness • No legal framework

4. Transnational Framework Agreements (TFAs) – a European-centred phenomenon • International Framework Agreements (IFAs) - to be signed by GUFs - global scope - core labour standards (ILO declaration 1998) • About 90% of IFAs have been signed with companies with headquarters in continental Europe (coordinated market economies) (total by mid 2008: 66) • TFAs also developed at the European level especially since 2000. May be signed by EWCs, European industry federations, national unions. We call them European framework agreements (EFAs) (total by mid 2008: 75 according to EC database). • Joint texts as well as substantial framework agreements

5. Number of IFAs and EFAs signed per year

6. Geographical distribution of TFAs

7. Prerequisites Two conditions not necessarily mutually exclusive • ‘Employee-based action’: cross-border coordination activity amongst the different union representatives supported and facilitated by a solid articulation between the European and the national union level • ‘Management-based hierarchy’: central management dissemination of company’s employment policy and practices

8. Motives - Management side • Internationalisation/Europeanisation of HR policies • Part of CSR strategy • Establishment of a continuous dialogue at transnational level • Management models (e.g. France) • Response to European-level action

9. Motives – EWC/trade union side • Response to globalisation • Socially responsible restructuring • Development of IR at transnational level • To establish European-wide company-level networks • EWCs: development of a genuine role and European identity

10. Content of EFAs

11. Signatories • 54 out of 75 of EFAs signed by EWCs • 42 EFAs were signed by EWCs alone • 11 were co-signed in cooperation with European industry federations, among which 3 were also co-signed by national unions. EWCs are often involved either in the negotiation and/or the monitoring process. Five agreements have been signed by European industry federations only (Total in 2004, 2005 and 2007, Areva 2006 and Schneider 2007). • This recent development reflects an evolution of the strategy of these organisations towards EFAs. The EMF, for example, followed by the ETUC as well as several other EIFs, demands that the signature of EFAs be reserved to union organisations.

12. TFAs and the role of EWCs • Prominent role taken by EWCs has been raised as a concern - No negotiating mandates - Representation limited to EU-countries - Representativity of EWC members - Composition can include non-union members • One tier vs. two tier system of interest representation (negotiating role) • EMF – EFAs have to be signed by EIF

13. EMF coordination strategy • EMF policy approach towards socially responsible company restructuring (2005) • Internal EMF procedures for negotiations at multinational company level (2006) • EWCs – important role of support

14. Transnational company-level bargaining: TUs strategies in the metal sector at EU-level I EMF (2007) “Internal EMF Procedure for Negotiations at Multinational Company Level” Procedures for transnational company-level bargaining in EU: • Preliminary information and consultation procedure should involve the national trade unions, the EMF and the EWC; • Mandate to negotiate at the European level should be decided on a case-by-case basis and given unanimously by the national trade unions; • Information about the negotiation process and the signed agreement should be given by the EMF Secretariat to the Executive Committee and the relevant Policy Committees; • Approval of the agreement should be given by the national trade unions; • Signature on the agreement should be given by EMF but implementation of the signed agreement should be specified by the national trade unions or their representatives in cooperation with the EWC. (Implementation through national collective agreements.)

15. The EMF ten principles on transnational restructuring • Early warning system • Information and consultation rights • European TU coordination group • Transparency of information • Platform of common demands • Negotiation of an EFA • Communication strategy • Cross-border activities • Legal possibilities • Binding commitment

16. TFAs and joint texts • GME (2000-2010) • ArcelorMittal (2002-2009) • Areva (2006) • Schneider Electric (2007) • Alstom/Schneider (2010) • Thales (2009, 2010) • Total (2004-2007) • Daimler (2006,2007) • EADS (2006,2008) • ABB (2009) • Ford (2000-2008) • Crown (2009) • Volkswagen (AQI) (2009)

17. Volkswagen – “Charta on employment relations” (2009) • signatories: Management, EWC, WWC, IMF • Regards all enterprises and production sites belonging to the group • Information, consultation and codetermination rights • Training for workers’ representatives • External experts • Implementation through company-level participation agreements

18. Volkswagen – “Charta on employment relations” (II) Consultazione (diritto di iniziativa) • Pianificazione del personale • Controlling dei processi • Processi di ristrutturazione (delocalizzazione, esternalizzazione) • Tutela ambientale a livello aziendale • Efficienza energetica e delle risorse • Strategie di RSI rivolte verso l’esterno (cdl fornitori; progetti locali di pubblica utilità)

19. Volkswagen – “Charta on employment relations” (III) Codetermination (consensus, control, initiatives) • Personnel development, recruitment • Work organisation, production methods • Working time • Remuneration systems • Data protection • Training and further education • Health and safety

20. ArcelorMittal • ArcelorMittal-EMF agreement (2009): to protect employment during the on-going crisis; • No permanent plant closures; • No compulsory dismissals; • Establish dialogue mechanisms for better anticipating future changes; • Improve employability of workers through training

21. Alstom/Schneider • Acquisition of AREVA T&D by Schneider Electric and Alstom • Job guarantee; same job classification • No AREVA T&D plant closures till al 24/03/2013 • No collective dismissels till 24/03/2013 • Training measures aimed at integration • Adaptation of EWCs by the end of 2010 • AREVA T&D EFA on equal opportunities to be discussed in respective EWCs

22. Unicredit • Joint declarations • Negotiation of an IFA • Support in countries with weak trade union structures

23. Active role of EWCs during the crisis/in the context of restructuring processes Foreign groups • Crown • Areva • GfK • Allianz Need for closer involvement of Italian EWC members in company-level trade union policies

24. Conclusions (I) • Agreements maybe the result of convergent interests or pressure from employee side • Remain so far a tool of limited dissemination (depending on management’s willingness and/TU strength due to a lack of institutional framework); • Imply the need for coordination between the various actors at different levels of IR

25. Conclusions (II) TFAs • constitute a new instrument of industrial relations and contribute to the Europeanisation of industrial relations; • provide a framework for enhancing and protecting the workers’ interests in situation of crisis • number of socially responsible practices in the area of enterprise restructuring in times of crisis(innovative agreements based on solidarity at transnational level) • TFAs in addressing restructuring related issues (including mobility and anticipation of change) proved to be key during the current global crisis • significant impact in terms of protecting employment in times of crisis and industrial change

26. Conclusions (III) • Need for a joint strategy at European level • Mainly in contexts with cooperative IR • Others signed after protest actions • To go beyond istitutionalised rights