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ETUI-industriAll Summer College. European Works Councils and Transnational Company Agreements ETUI-industriAll Collective Bargaining & Company Policy Summer College Sesimbra / Portugal, 11 September 2013 Dr. Torsten Müller European Trade Union Institute - ETUI. Presentation based on.
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ETUI-industriAll Summer College European Works Councils and Transnational Company Agreements ETUI-industriAll Collective Bargaining & Company Policy Summer College Sesimbra / Portugal, 11 September 2013 Dr. Torsten Müller European Trade Union Institute - ETUI
Presentation based on... ...quantitative analysis of transnational company agreements in the metalworking industry; • Objective: more comprehensive overview of developments in the metalworking sector going beyond qualitative analysis of well-known cases • Method: telephone interviews with representatives of 82 EWCs (if possible with chair / deputy chair of EWC) • German companies slightly overrepresented due to sampling method ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Key findings • Publically accessible documentation of existing agreements is incomplete, but the number of unreported agreements is insufficient to cast doubt on the validity of the available data. • Importance of informal arrangements involving EWCs which lack the status of formally negotiated agreements (oral agreement, minutes of EWC meeting) • Key conclusions: (1) In practice, EWCs go beyond their formal information and consultation role more frequently than is realised by academics and policymakers; (2) regulation of IR and working conditions at European company level is promoted by more companies than was hitherto believed to be the case. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Quantitative Development of TCAs . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Transnational Agreements in Metalworking Industries 15 IFAS only ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Frequency of informal arrangements Informal arrangements are an overlooked phenomenon: no empirical data so far. In our sample of 82 EWCs we found 21 companies with informal arrangements: 26% Overall spread of informal arrangements: 12-15% of all EWCs in the metalworking sector ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Subjects of formal agreements and informal arrangements ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Country of origin: formal agreements Pronounced country-of-origin effect: • Formal agreements were predominantly concluded in companies whose global head office and European HQ is located in Germany and France. • Further countries: US, Netherlands and Switzerland ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Location of head office: informal arrangements . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Size of companies . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
(Co-)negotiators of formal agreements and informal arrangements . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Reason for formal agreements and informal arrangements . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Reasons for informal arrangements . ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Why informal arrangements rather than formal agreements 1.) Refusal of management to formalise more • Most frequent obstacle • Opposition from company‘s non-European HQ • Fear of setting precedent for other companies • Cultural reasons: FR or UK, WC negotiations not seen as appropriate 2.) Little interest w/in EWC to formalise more (only 20%) • Subjects don‘t require further formalisation • EWC lacks experience and capacity to negotiate • Fear of jeopardising trust relationship with management • One country blocked formal negotiations 3.) Tradition of informal IR arrangements at company ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
Issues for discussion • What does this mean for relationship between EWCs and trade union? • What does this mean for application of industriAll’s procedure to deal with negotiations at European company level? • What does this mean with respect to the European Commission’s initiative to establish an optional framework for company-level negotiations ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013
European Works Councils and TCAs Thank you very much for your attention!!! Dr. Torsten Müller European Trade Union Institute Bld. du Roi Albert II, 5 1210 Brussels Email: tmueller@etui.org ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013