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BAC 313 Negotiation Anne Dwyer

BAC 313 Negotiation Anne Dwyer. What is Collective Bargaining?. What is Collective Bargaining?.

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BAC 313 Negotiation Anne Dwyer

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  1. BAC 313 Negotiation Anne Dwyer

  2. What is Collective Bargaining?

  3. What is Collective Bargaining? ‘A process of decision-making between parties representing employer and employee interests which implies the negotiation and continuous application of an agreed set of rules to govern the substantive and procedural terms of the employment relationship’ (OECD, Windmuller et al. 1987)

  4. What is the purpose of Collective Bargaining?

  5. To improve working conditions, pay, etc.

  6. What groups bargain?

  7. Teachers, bus drivers, paraprofessionals, secretaries, custodians, maintenance workers----even building administrators can enter into a collective bargaining agreement In the world of sport there are also collective bargaining agreements: can you think of any?

  8. Collective Bargaining: Levels National (Country-wide agreements) Regional (Regional agreements) Industry (Industry framework agreements) Company (Company agreements) Establishment (Factory/Office agreements) Workplace (Often Informal agreements)

  9. Who serves on bargaining teams?

  10. For the board: Superintendent’s designee, Supervisors, Principals from different levels, professional negotiator

  11. For the union: Teachers, bus drivers, secretaries, custodians, maintenance workers, paraprofessionals, union representative(s)

  12. What are the most common issues negotiated?

  13. Hiring, Discipline, Evaluation, Transfers, Discharge, Leaves, Working Conditions, Seniority, Dress Code, Planning Time AND……

  14. PAY!!!!!

  15. TU Density % Australia 21 Canada 25 Finland 61 France 11 Italy 75 Netherlands 25 Spain 23 Sweden 89 UK 26 CB Coverage % Australia 37 Canada 27 Finland 62 France 95 Italy 84 Netherlands 76 Spain 60 Sweden 85 UK 37 Collective Bargaining Coverage (Source: ILO 2005, OECD 2007)

  16. Collective Bargaining • In some countries – US, Denmark, collective agreements legally binding • In others – UK, terms of collective agreements are incorporated into individual contracts of employment • Part of legal regulation of the employment relationship • Industry agreements often built on and extended by local (company, factory, departmental, workgroup) agreements

  17. Collective Bargaining • Collective bargaining generates outcomes – Rules regulating employment relationship – Substantive and Procedural • Procedures (procedural agreements) to; • Regulate negotiations – negotiating procedures • Regulate day-to-day employee relations – Discipline, grievance, attendance • Resolve problems when negotiations break down – disputes of right

  18. 1. Management Obligation - Bargain in Good Faith 2.  Ground Rules • Prior to starting main CBA negotiations - Frequency / Off Hour / Agenda / Number of Reps from each side / Confidentiality / Minutes 3. Union Strategy - Use Model Form of CBA

  19. 4. Counter Proposal from the Management Side 5. Role Play / Preparation for each Negotiation Session 6. Major Items of Collective Bargaining Agreement • Structure of CBA (in general) • union activities • personnel matters • working conditions • industrial accident / safety issues • collective bargaining process • labor disputes

  20. 7. Types of Collective Action • Strike (Full or Partial), Slow down, Picketing • Work-to-rule: Attire Strike, Collective Refusal of Overtime, Collective Use of Monthly or Annual Leave, etc. 8.  Legal Process • Report of Impasse (10-day mediation period) • Mediation Hearing • Majority Vote on Strike 9.  No Replacement During Strike Period - Not from outside : outsourcing, new hiring, subcontracting prohibited

  21. 10.  Measures Available to Management against Union Activities • No Work No Pay Principle • Lockout (defensive measure only) • Against Illegal Union Activities • - Civil Remedies: • Damage Suit for Compensation • Injunction / Provisional Attachment (over assets) • - Criminal Remedies : • Criminal Accusation • Business Interference / Defamation • Internal Disciplinary Sanction :

  22. What happens when negotiations break down? Impasse

  23. Mediation (neutral party enters) • Fact-Finder (3rd party analyzes facts and offers solutions) • Arbitration (may be binding)

  24. In Conclusion….

  25. Negotiations should be guided by good faith You should not negotiate items for which they have no control Strikes that disrupt essential services may not be supported in the courts Constitutionally protected rights should not be impaired by collective bargaining agreements

  26. When there’s a real stalemate There’s always the ILO …

  27. Towards a transnational texture of labour regulation? Ludger Pries 1. The network of international labour regulation 2. ILO Core Convention 3. OECD Guidelines for Multinationals 4. European Works Councils 5. Conclusion

  28. Pries, L., (Ed.) 2001: New Transnational Social Spaces. International Migration and Transnational Companies. London: Routledge Pries, L. (Ed.), 1999: Migration and Transnational Social Spaces. Aldershot: Ashgate

  29. 1. The network of international labour regulation Different types of regulation not as mutually exclusive but as threads of interwoven texture of international labour regulation

  30. Annual International Labour Conference (AILC) (biennial Work Program and Budget; INGOs consultative status) Country A Country C Country B Country n=182 Employers’ delegate Employers’ delegate Employers’ delegate Two Govern-ment delegates Two Govern-ment delegates Two Govern-ment delegates Employers’ delegate Two Govern-ment delegates Workers’ delegate Workers’ delegate Workers’ delegate Workers’ delegate 2. ILO Core Conventions International Labour Office/Geneva STANDARDS EMPLOYMENT SOCIAL PROTECTION SOCIAL DIALOGUE 40 regional offices, area+branch offices e.g. International Institute for Labour Studies (INST) International Training Centre (TURIN) Director-General (for five years) Governing Body 28 government delegates, 14 workers’ + 14 employers’ delegates

  31. 2. ILO Core Conventions Work areas and enforcement mechanisms of ILO 1. Norm setting: International Labour Standards 1.1 Conventions (to be accepted with 2/3 majority of AILC, total 185) 1.2 Recommendations (total 195) 2. Monitoring/norm control 2.1 Regular Reporting System regular reports of member countries with comments of employers’ and workers’ associations >> Committee of Experts on the Application of Recommendations and Conventions (CEARC, 20 independent lawyers) >> request of country statement >> report to Conference Committee on the Application of Recommendations and Conventions (CCARC) >> AILC 2.2 Reports on non-ratified core conventions request of reports of countries that have not signed all Core Conventions >> action plan/technical assistance 2.3 Publications, public disclosure Website, journals, books, reports

  32. 2. ILO Core Conventions Work areas and enforcement mechanisms of ILO 3. Technical assistance More than 1.000 technical cooperation programs, cooperation with over 60 donor institutions, support from individual governments, EU, other UN agencies, World Bank, regional development banks, employers’ and workers’ organizations, associations and private companies 4. Enforcement mechanisms Legal authority (Art. 33 ILO-Constitution) to take actions against countries not complying with their obligations; until now only Burma case in 2000 >> enforcement/compliance by supervision, technical assistance and blaming 5. Right of complaint and representation Employees’ or employers’ associations can bring queries to the Governing Body (Art. 24/25 ILO-Constitution) >> statement of government of corresponding country >> appoint a Commission of Inquiry >> report to be commented by government >> ILO official bulletin (only once)

  33. No. of Convention (name and year) Ratifications No. 29 Forced Labour (1930) 168 (153) No. 87 Freedom of Association and Protec-tion of the Right to Organize (1948) 145 (131) No. 98 Right to Organize and Collective Bargaining (1949) 154 (147) No. 100 Equal remuneration (1951) 162 (148) No. 105 Abolition of Forced Labour (1957) 165 (146) No. 111 Discrimination (Employment and Occupation) (1958) 164 (144) No. 138 Minimum Age Convention (1973) 143 (99) No. 182 Elimination of the Worst Forms of Child Labour (1999) 158 (37) 3/2006 (2004) Sum of ratifications (of 1424 possible) 1259 2. ILO Core Conventions From ‘Declaration on Fundamental Principals and Rights at Work’ (AILC 1998) to Core Conventions as ‘human rights’

  34. 2. ILO Core Conventions Official complaints related to Core Conventions (1988-2003)

  35. 2. ILO Core Conventions Official complaints related to Core Conventions (1988-2003)

  36. 2. ILO Core Conventions Strength and Weakness of ILO Core Conventions  Global reach, status of Human Rights  Strong involvement of main (traditional) actors  Cascade of ‘political-official’ enforcement’  Inertia/bureaucratic, time consuming procedures  No legal and strong enforcement  Countries as main object/target of observation

  37. 3. OECD Guidelines for Multinationals OECD founded 1960 by 20 countries Currently 30 member countries AUSTRALIA: 7 June 1971AUSTRIA: 29 September 1961BELGIUM: 13 September 1961CANADA: 10 April 1961CZECH REPUBLIC: 21 December 1995DENMARK: 30 May 1961FINLAND: 28 January 1969FRANCE: 7 August 1961GERMANY: 27 September 1961GREECE: 27 September 1961HUNGARY: 7 May 1996ICELAND: 5 June 1961IRELAND: 17 August 1961ITALY: 29 March 1962JAPAN: 28 April 1964 KOREA: 12 December 1996LUXEMBOURG: 7 December 1961MEXICO: 18 May 1994NETHERLANDS: 13 November 1961NEW ZEALAND: 29 May 1973NORWAY: 4 July 1961POLAND: 22 November 1996PORTUGAL: 4 August 1961SLOVAK REPUBLIC: 14 December 2000SPAIN: 3 August 1961SWEDEN: 28 September 1961SWITZERLAND: 28 September 1961TURKEY: 2 August 1961UNITED KINGDOM: 2 May 1961UNITED STATES: 12 April 1961 Guidelines for MNEs 1976, revised 2000, supported by 30 member states + 8 non-member states

  38. 3. OECD Guidelines for Multinationals National Contact Points (NCP`s) - handles enquiries about Guidelines - discusses matters related to Guidelines, assists in solving problems - gathers information on national experiences with the Guidelines - reports annualy to the CIME Four principals: Visibility, Accessibility, Transparency, Accountability Commitee on International Investment and Multinational Enterprises (CIME) - responding to requests from adhering countries on guidelines - organizing discussions with social partners of non-members - issuing clarifications as necessary - reviewing the Guidelines, procedural decisions to ensure relevance - reporting to OECD Council on the Guidelines Business and Labour Representatives BIAC (Business and Industry Advisory Committee) TUAC (Trade Union Advisory Committee) NGOs (since the review of Guidelines in 2000) >> OECD-Watch

  39. 3. OECD Guidelines for Multinationals NCP Number of cases filed (2001-2004) Austria 2 Belgium 1 Brazil 1 Canada 4 Chile 1 CzechRepublic 5 Denmark 2 Finland 1 France 11 Germany 6 Japan 5 Korea 3 Mexico 1 Netherlands 11 Norway 1 Poland 1 Spain 1 Sweden 2 Turkey 1 United Kingdom 3 United states 11 Total 74 In 2004 19 countries handed in a report In 2/2006 about 107 cases were filed

  40. 3. OECD Guidelines for Multinationals NCP-time needed to process a case in months - TUAC report (2001- 9/2004 period, union cases, cases no longer pending in NCPs) Successful outcome: Trico, Accor, Marks & Spencer, Siemens, Bosch, IHC Caland, Wärtsilä, Choi Shin, Aspocomp, Pinault-Printemps-Redoute, Parmalat, Sees Corp., British American Tabacco, Locomotive Trading AG (total: 14) Unsuccessful outcome:Dutch Travel Agencies, Some US-companies - Burma (no reply), Bata, Cosmos Mack Industries Ltd, Liberia International Ship, Gard, Marriot Hotel, Chemie Pharmacie Holland, Lundin Group, Honda (total: 10) Total of ongoing cases as of 9/2004: 23

  41. 3. OECD Guidelines for Multinationals NCP-time needed to process a case in months - OECD Watch report (5/2001-1/2005 period, union cases (cases no longer pending in NCPs) Successful outcome: Pinault-Printemps-Redoute (union led case), Marine Charvest Chile: Nutreco, First Quantum Mining + Glencore + Int AG + Mopani (total: 3) Unsuccessful outcome: Chemie Pharmacie Holland, West LB, Sandvik&Atlas Copco, First Quantum Minerals, Adidas + Nike, Total Fina Elf, Binani + Ramco (total: 7) Total of ongoing cases as of 1/2005: 10

  42. 3. OECD Guidelines for Multinationals http://www.oecdwatch.org/docs/OW_Quarterly_Case_Update_Vol1_Iss1_March06.pdf

  43. 3. OECD Guidelines for Multinationals

  44. 3. OECD Guidelines for Multinationals Strength and Weakness of OECD Guidelines  Integration of states, companies, unions + NGOs  Broad scope of issues, mediation agent (NCPs)  Public pressure on MNEs/file complaint at a NCP  Weak monitoring + verification, unspecific wording  NCPs not always neutral  MNEs country of origin < > MNEs behaviour LDCs

  45. 4. European Works Councils Steps and Hierarchy of European Legislation 1. Treaties Inter-national treaties as basic law; Ex.: Treaties ofRome (1957), Maastricht (1992), Amsterdam (1999), Nice (2002) 2. Regulationsof Council or Commission (Verordnungen) legally binding in/for all member states, for all citizens, Ex.: Council Reg 1612/68 + 1251/70 (freedom of movement for workers) 3. Directiveof Council or Commission(Richtlinie) legally binding for (signing/opting out) member states>> transforming in national law, Ex.:European Works Councils Dir 94/45 and 97/74 Directive 1999/42/EC (freedom of movement for workers) 4. Decisions/Recommendations/Opinions (Verwaltungsentscheidungen, Empfehlungen und Stellungnahmen) Ex.: Communications, Green and White Papers, Action Programmes Council Dec 32002D0522(01) appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers

  46. 4. European Works Councils First step(mid-1980s to 1990): Voluntary projects of companies (Thompson), push of national/ European unions (metal, chemistry), European bureaucrats>> some 40 EWCs Second step(Dic. 1990 to Sept. 1994): First outline of EWC-Directive, scientific conferences, resuming and discussing experiences >> EWC-Directive 94/45 from 22.9.1994 Third step(Sept. 1994 to Sept. 1996): Voluntary agreements in European companies (min. 1000 employees, min. 2 countries 150 each) according article 13, national legislation (without GB) >> some 400 EWC agreements in total Fourth step(Oct. 1996 to April 2000): Compulsory introduction of EWC according article 6, EU revision of national legislation, EC report >> 760 EWC agreements in total Fifth step(2000 to 2004): Focus on SE Directive 2001/86/EC,Social Dialogue and EWC-revision Sixth step(April 2004 to 2006): Formal procedure of Directive revision, in 2005some 800 EWCs in more than 700 companies (of about 2.100 possible) with about 17 Mio. empl.

  47. global European local transnational social movement legislation organizations 4. European Works Councils European law – Directive 94/45 Status of inter-national/inter-state law of nations, nation states concede sovereignty, opening supranational institutional arena Supra-Nationalisation homogeneización Convergence National legislation – Germany 26.10.1996 Defining concepts (Ex.: undertaking) and procedures (Ex. § 11Appointment of employee representatives for Germany (Re-)Nationalisation differenciation path dependency Focal, global, trans- or multinational corporate actors EWC as working units and configurations of resources, knowledge, interests and culture Pluri-local nation- states spanning networks and social spaces European, national, branch dynamics Revisions, recommendations, opinions, social dialogue, SE, collective bargaining Multi-level- and multi- dimensional policy fields

  48. 4. European Works Councils Composition of EWC Minimum 1 representative each European country with subsidiary Elected president and vice-president, commission from 9 members or more Delegation according agreement and national law each 4 years Rights of EWC Minimum once a year company has to inform about company situation EWC has to inform all national/local representatives about company report EWC could treat all topics related to at least 2 subsidiaries Potential of EWC Strong legal position for asking for information Transnational check and circulation of data and information Emergency system for strong cases of conflict Centre for coordinated initiatives

  49. 4. European Works Councils

  50. 4. European Works Councils Strength and Weakness of EWCs  Strong legal basis in European and national law  Broad scope of labour related issues  Complex infrastructure of European actors  Opportunity for information, consultation and negotiation bodies at European level  Regional limitation to Western Europe  Mixed EWCs as management tools?

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