BAC 313 NegotiationAnne Dwyer

What is Collective Bargaining?

What is Collective Bargaining?

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)

What is the purpose of Collective Bargaining?

What is the purpose of Collective Bargaining?

To improve working conditions, pay, etc.

To improve working conditions, pay, etc.

What groups bargain?What groups bargain?

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?

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?

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)

Who serves on bargaining teams?

Who serves on bargaining teams?

For the board:Superintendent’s designee,

Supervisors, Principals from different levels, professional negotiator

For the board:Superintendent’s designee,

Supervisors, Principals from different levels, professional negotiator

For the union:Teachers, bus drivers,

secretaries, custodians, maintenance workers, paraprofessionals, union representative(s)

For the union:Teachers, bus drivers,

secretaries, custodians, maintenance workers, paraprofessionals, union representative(s)

What are the most common issues negotiated?

What are the most common issues negotiated?

Hiring, Discipline, Evaluation, Transfers, Discharge, Leaves, Working Conditions,

Seniority, Dress Code, Planning Time AND……

Hiring, Discipline, Evaluation, Transfers, Discharge, Leaves, Working Conditions,

Seniority, Dress Code, Planning Time AND……

PAY!!!!!PAY!!!!!

Collective Bargaining Coverage (Source: ILO 2005, OECD 2007)

TU Density %Australia 21Canada 25Finland 61France 11Italy 75Netherlands 25Spain 23Sweden 89UK 26

CB Coverage %Australia 37Canada 27Finland 62France 95Italy 84Netherlands 76Spain 60Sweden 85UK 37

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

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

- Bargain in Good Faith

- Bargain in Good Faith

1. Management Obligation1. Management Obligation1. Management Obligation1. Management Obligation

- Prior to starting main CBA negotiations

- Prior to starting main CBA negotiations

2.  Ground Rules2.  Ground Rules2.  Ground Rules2.  Ground Rules

- Use Model Form of CBA  

- Use Model Form of CBA  

3. Union Strategy 3. Union Strategy 3. Union Strategy 3. Union Strategy

- Frequency / Off Hour / Agenda / Number of Reps from each side / Confidentiality / Minutes

- Frequency / Off Hour / Agenda / Number of Reps from each side / Confidentiality / Minutes

5. Role Play / Preparation for each Negotiation5. Role Play / Preparation for each Negotiation SessionSession5. Role Play / Preparation for each Negotiation5. Role Play / Preparation for each Negotiation SessionSession

4. Counter Proposal from the Management Side4. Counter Proposal from the Management Side4. Counter Proposal from the Management Side4. Counter Proposal from the Management Side

- Structure of CBA (in general) 

union activities personnel matters working conditions industrial accident / safety issues collective bargaining process labor disputes

- Structure of CBA (in general) 

union activities personnel matters working conditions industrial accident / safety issues collective bargaining process labor disputes

6. Major Items of Collective Bargaining 6. Major Items of Collective Bargaining Agreement Agreement

6. Major Items of Collective Bargaining 6. Major Items of Collective Bargaining Agreement Agreement

Strike (Full or Partial), Slow down, Picketing Work-to-rule: Attire Strike, Collective Refusal of Overtime, Collective Use of Monthly or Annual Leave,

etc.

Strike (Full or Partial), Slow down, Picketing Work-to-rule: Attire Strike, Collective Refusal of Overtime, Collective Use of Monthly or Annual Leave,

etc.

7. Types of Collective Action7. Types of Collective Action7. Types of Collective Action7. Types of Collective Action

- Not from outside : outsourcing, new hiring, subcontracting prohibited 

- Not from outside : outsourcing, new hiring, subcontracting prohibited 

9.  No Replacement During Strike Period9.  No Replacement During Strike Period9.  No Replacement During Strike Period9.  No Replacement During Strike Period

- Report of Impasse (10-day mediation period)

- Mediation Hearing

- Majority Vote on Strike

- Report of Impasse (10-day mediation period)

- Mediation Hearing

- Majority Vote on Strike

8.  Legal Process8.  Legal Process8.  Legal Process8.  Legal Process

No Work No Pay Principle Lockout (defensive measure only)

• Against Illegal Union Activities - Civil Remedies:

Damage Suit for Compensation Injunction / Provisional Attachment (over assets)

No Work No Pay Principle Lockout (defensive measure only)

• Against Illegal Union Activities - Civil Remedies:

Damage Suit for Compensation Injunction / Provisional Attachment (over assets)

10.  Measures Available to Management10.  Measures Available to Management against Union Activitiesagainst Union Activities10.  Measures Available to Management10.  Measures Available to Management against Union Activitiesagainst Union Activities

- Criminal Remedies : Criminal Accusation Business Interference / Defamation  

- Criminal Remedies : Criminal Accusation Business Interference / Defamation  

- Internal Disciplinary Sanction : - Internal Disciplinary Sanction :

What happens when negotiations break down?

What happens when negotiations break down?

Impasse

1. Mediation (neutral party enters)

2. Fact-Finder (3rd party analyzes facts and offers solutions)

3. Arbitration (may be binding)

1. Mediation (neutral party enters)

2. Fact-Finder (3rd party analyzes facts and offers solutions)

3. Arbitration (may be binding)

In Conclusion….In Conclusion….

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

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

When there’s a real stalemate

There’s always the

ILO …

Towards a transnational texture of labour regulation?

Ludger Pries

1. The network of international labour regulation2. ILO Core Convention3. OECD Guidelines for Multinationals4. European Works Councils5. Conclusion

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

Type/logic of regulation

Geographic-material reach

Main actors involved

Enforcement, control capab.

Examples

Minimum standards Global, universal, status of human rights

United Nationes/ ILO, unions, employer assoc.

Ratification, Monitoring, blaming, no legal sanctions

ILO core conventions No. 29, 87, 98, 100, 105, 111, 138, 182

Supranational regulation

Group of nation states, complex issues

Supranational bodies, nation states, international orgs.

National legislation, Supranational Court of Human Rights

European Unjon: European Works Councils

International Framework Agreements

Collective bargaining issues, organisation/ branch wide

Global Union Federations, interna-tional companies

Good will declaration no legal enforcement

Volkswagen, DC, Leoni, Arcelor, EADS, PSA, Renault etc.

Labeling, certifications

Global, product or organisation related

Producer, consumers, labeling/certif. orgs.

Consumer decisions, producers’ image, no accreditation

Fair Trade, SA 8000, DJSGI, Flower Label

Multinational guidelines

All companies with headquarters in signing nation states

International orgs., companies, national agencies

National reports, blaming

OECD multinational guidelines

Voluntary declarations

Public opinion space of internat. comp.

Companies, media, independent monitoring orgs.

Image, public relations value, monitoring reports

Global Compact, Corporate Social Responsabilty

Campaigns Public blaming

Limited in time and issue

NGOs, media, public opinion

Discursive regulation blaming

Nestle, BS-Shell/Brent Spa

Different types of regulation not as mutually exclusive but as

threads of interwoven texture of international labour regulation

1. The network of international labour regulation

Employers’ delegate

Workers’delegate

Two Govern-

mentdelegates

Country AEmployers’

delegate

Workers’delegate

Two Govern-

mentdelegates

Country BEmployers’

delegate

Workers’delegate

Two Govern-

mentdelegates

Country n=182Employers’

delegate

Workers’delegate

Two Govern-

mentdelegates

Country C

Annual International Labour Conference (AILC)(biennial Work Program and Budget; INGOs consultative status)

Governing Body28 government delegates, 14 workers’ + 14 employers’ delegates

Director-General(for five years)

40 regional offices, area+branch officese.g. International Institute for Labour Studies (INST)

International Training Centre (TURIN)

International Labour Office/Geneva

STANDARDSEMPLOYMENTSOCIAL PROTECTIONSOCIAL DIALOGUE

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 disclosureWebsite, journals, books, reports

2. ILO Core Conventions

3. Technical assistanceMore 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

Work areas and enforcement mechanisms of ILO

4. Enforcement mechanismsLegal 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 representationEmployees’ 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)

2. ILO Core Conventions

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

From ‘Declaration on Fundamental Principals and Rights at Work’ (AILC 1998) to Core Conventions as ‘human rights’

2. ILO Core Conventions

Year Convention Country Backround of complaint 1988 Freedom of Association /

Right to Collective Bargaining Nicaragua Complaint presented by several Employer delegates

Freedom of Association Turkey Complaints made by the general Federation of Norwegian Trade Unions 1989 Freedom of Association /

Right to Collective Bargaining Nicaragua Complaint made by several Employer delegates

Freedom of Association South Africa

Complaint made by the Congress of South African Trade Unions

1990 Freedom of Association / Right to collective Bargaining

Nicaragua Committee on Freedom of Association reported complaint

Freedom of Association South Africa

Complaint submitted to the ILO by the Congress of South African Trade Unions

Freedom of Association / Right to Collective Bargaining

Turkey Complaints made by the World Confederation of Labour (WCL), WFTU, ICFTU, Confederation of Norwegian Trade Unions

Freedom of Association Ecuador Advisory mission went to Ecuador to deal with issues raised the supervisory bodies 1991 Freedom of Association /

Right to collective Bargaining Nicaragua Complaint submitted by several Employers’ delegates

Right to Collective Bargaining Turkey Complaints presented by a number of international trade union organisations Freedom of Association Argentina Complaints presented by the Industrial Union of Argentina and several trade unions Freedom of Association South

Africa Committee referred the complaint to the United Nations Economic and Social Council

Freedom of Association Argentina Direct contacts mission took place in Argentina 1992 Freedom of Association /

Right to Collective Bargaining Nicaragua Complaint submitted by several Employers’ delegates

Freedom of Association / Right to Collective Bargaining

Sweden Complaints presented by the Employers’ delegate of Sweden

Right to Collective Bargaining Turkey Committee on Freedom of Association handed in a final conclusion regarding the non-compliance of Turkey

Freedom of Association / Right to Collective Bargaining

Venezuela Complaint presented by the Venezuelan Federation of Chambers and Associations of Commerce and Production and the International Organisation of Employers

Official complaints related to Core Conventions (1988-2003)

2. ILO Core Conventions

1993 Freedom of Association / Right to Collective Bargaining

Sweden Complaint presented by the Employers’ delegate of Sweden

Freedom of Association Côte d'Ivoire

Complaints made by the Workers’ delegates

Freedom of Association / Right to Collective Bargaining

Venezuela Complaint made by the International Organization of Employers (IOE) and Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS)

1994 Freedom of Association / Right to Collective Bargaining

Sweden Complaint made by the Employers’ delegate of Sweden

Freedom of Association Côte d'Ivoire

Complaint made by Workers’ delegates

Freedom of Association / Right to Collective Bargaining

Venezuela Complaint submitted to the ILO by the International Organization of Employers (IOE) and Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS)

1995 Freedom of Association / Right to Collective Bargaining

Sweden Complaint made by the Employers’ delegate of Sweden

Freedom of Association Côte d'Ivoire

Complaint made by Workers’ delegates

Freedom of Association / Right to collective Bargaining

Venezuela Complaint made by the International Organization of Employers (IOE) and Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS)

Freedom of Association Poland Complaint made by the Independent and Autonomous Trade Union "Solidarnosc" Freedom of Association Turkey Complaint made by the Confederation of Turkish Trade Unions (TURK-IS) 1998 Freedom of Association / Right

to Collective Bargaining Denmark ?

1999 Freedom of Association / Right to Collective Bargaining

Nigeria ?

Freedom of Association / Right to Collective Bargaining

Colombia Complaint received by 26 trade-union-members

2000 Freedom of Association / Right to Collective Bargaining

Colombia Complaint received by 26 trade-union-members

2001 Freedom of Association / Right to Collective Bargaining

Colombia Complaint received by 26 worker-delegates

2003 Freedom of Association/ Right to Collective Bargaining

Republic of Belarus

Complaint received by 14 Workers' delegates

Official complaints related to Core Conventions (1988-2003)

2. ILO Core Conventions

Global reach, status of Human Rights

Strength and Weakness of ILO Core Conventions

Inertia/bureaucratic, time consuming procedures

Strong involvement of main (traditional) actors

Cascade of ‘political-official’ enforcement’

No legal and strong enforcement

Countries as main object/target of observation

2. ILO Core Conventions

3. OECD Guidelines for Multinationals

OECD founded 1960 by 20 countries

Currently 30 member countries

Guidelines for MNEs 1976, revised 2000, supported by 30 member states + 8 non-member states

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

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

3. OECD Guidelines for Multinationals

Austria 2Belgium 1Brazil 1Canada 4Chile 1CzechRepublic 5Denmark 2Finland 1France 11Germany 6Japan 5

NCP Number of cases filed (2001-2004)

Korea 3Mexico 1Netherlands 11Norway 1Poland 1Spain 1Sweden 2Turkey 1United Kingdom 3United states 11Total 74

In 2004 19 countries handed in a report

In 2/2006 about 107 cases were filed

3. OECD Guidelines for Multinationals

NCP U

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No

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Sw

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Jap

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UK

Be

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case 1 22 8 6 36 17 8 no

reply 7 11 6 5 8

case 2 no

reply 12 11 17 1

case 3 11 19 4,5 17

case 4 no

reply 7 1

4 4 3 4 2 1 1 1 1 1 1 1

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

3. OECD Guidelines for Multinationals

NCP

Netherlands Germany Sweden Canada Chile UK US

case 1

11 6 4 22 13 25 18

case 2

17 18 7

2 2 1 2 1 1 1

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

3. OECD Guidelines for Multinationals

http://www.oecdwatch.org/docs/OW_Quarterly_Case_Update_Vol1_Iss1_March06.pdf

3. OECD Guidelines for Multinationals

CriteriaOECD Guidelines

Process of creation

state-oriented (top-down), intergovernmental,

Authoritydominance of national law, efficiency and discourse through NCPs

Main actors involved

OECD, NGOs, labour unions, governments, enterprises

Scope of issues

very broad (Employment+Industrial Relations, Environment, Bribery, Consumer Interests, Science+Technology, Competition, Taxation)

Degree of specification

high degree of specification (in comparison to other codes of conduct), however, NGOs still find specification too low

Voluntarinessvoluntary compliance, not legally binding

Enforcement capability

limited enforcement capability (NCPs at national level; CIME at inter-national level)

Geographical extension

apply to OECD member countries plus 8 non-member countries

Marketing of instruments

NCPs, governments, NGOs, TUAC, BIAC, no sponsors

3. OECD Guidelines for Multinationals

Integration of states, companies, unions + NGOs

Strength and Weakness of OECD Guidelines

Weak monitoring + verification, unspecific wording

Broad scope of issues, mediation agent (NCPs)

Public pressure on MNEs/file complaint at a NCP

NCPs not always neutral

MNEs country of origin < > MNEs behaviour LDCs

3. OECD Guidelines for Multinationals

1. Treaties Inter-national treaties as basic law; Ex.: Treaties of Rome (1957), Maastricht (1992), Amsterdam (1999), Nice (2002)

2. Regulations of 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. Directive of Council or Commission (Richtlinie) legally binding for (signing/opting out) member states>> transforming in national law, Ex.: European Works Councils Dir 94/45 and 97/74Directive 1999/42/EC (freedom of movement for workers)

Steps and Hierarchy of European Legislation

4. Decisions/Recommendations/Opinions (Verwaltungsentscheidungen, Empfehlungen und Stellungnahmen) Ex.: Communications, Green and White Papers, Action ProgrammesCouncil Dec 32002D0522(01) appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers

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 EWCsSecond step (Dic. 1990 to Sept. 1994):First outline of EWC-Directive, scientific conferences, resuming and discussing experiences >> EWC-Directive 94/45 from 22.9.1994Third 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 totalFourth 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

Sixth step (April 2004 to 2006):Formal procedure of Directive revision, in 2005 some 800 EWCs in more than 700 companies (of about 2.100 possible) with about 17 Mio. empl.

Fifth step (2000 to 2004):Focus on SE Directive 2001/86/EC, Social Dialogue and EWC-revision

4. European Works Councils

Supra-NationalisationhomogeneizaciónConvergence

(Re-)Nationalisation differenciation path dependency

Pluri-local nation-states spanning networks andsocial spaces

European law – Directive 94/45Status of inter-national/inter-state law of nations, nation states concede sovereignty, opening supranational institutional arena

National legislation – Germany 26.10.1996Defining concepts (Ex.: undertaking) and procedures (Ex. § 11 Appointment of employee representatives for Germany

Focal, global, trans- or multinational corporate actorsEWC as working units and configurations of resources, knowledge, interests and culture

European, national, branch dynamicsRevisions, recommendations, opinions, social dialogue, SE, collective bargaining

Multi-level-and multi-dimensionalpolicy fields

global European local transnational

social movement

legislation

organizations

4. European Works Councils

Composition of EWCMinimum 1 representative each European country with subsidiaryElected president and vice-president, commission from 9 members or moreDelegation according agreement and national law each 4 years

Rights of EWCMinimum once a year company has to inform about company situationEWC has to inform all national/local representatives about company reportEWC could treat all topics related to at least 2 subsidiaries

Potential of EWCStrong legal position for asking for informationTransnational check and circulation of data and informationEmergency system for strong cases of conflictCentre for coordinated initiatives

4. European Works Councils

4. European Works Councils

Strong legal basis in European and national law

Strength and Weakness of EWCs

Broad scope of labour related issues

Complex infrastructure of European actors

Regional limitation to Western Europe

Mixed EWCs as management tools?

4. European Works Councils

Opportunity for information, consultation and negotiation bodies at European level

Type/logic of regulation

Geographic-material reach

Main actors involved

Enforcement, control capab.

Examples

Minimum standards Global, universal, status of human rights

United Nationes/ ILO, unions, employer assoc.

Ratification, Monitoring, blaming, no legal sanctions

ILO core conventions No. 87, 98

Supranational regulation

Group of nation states, complex issues

Supranational bodies, nation states, international orgs.

National legislation, Supranational Court of Human Rights

European Unjon: European Works Councils

International Framework Agreements

Collective bargaining issues, organisation/ branch wide

Global Union Federations, interna-tional companies

Good will declaration no legal enforcement

Volkswagen, DC, Leoni, Arcelor, EADS, PSA, Renault etc.

Labeling, certifications

Global, product or organisation related

Producer, consumers, labeling/certif. orgs.

Consumer decisions, producers’ image, no accreditation

Fair Trade, SA 8000, DJSGI, Flower Label

Multinational guidelines

All companies with headquarters in signing nation states

International orgs., companies, national agencies

National reports, blaming

OECD multinational guidelines

Voluntary declarations

Public opinion space of internat. comp.

Companies, media, independent monitoring orgs.

Image, public relations value, monitoring reports

Global Compact, Corporate Social Responsabilty

Campaigns Public blaming

Limited in time and issue

NGOs, media, public opinion

Discursive regulation blaming

Nestle, BS-Shell/Brent Spa

Different types of regulation not as mutually exclusive but as

threads of interweaved texture of international labour regulation

5. Conclusion

Sources

• http://courses.essex.ac.uk/ac/ac219/Employee%20Relations%20Lecture%208%20Collective%20Bargaining.ppt

• www.crsi.mq.edu.au/news_and.../Pries_Transnatlabourregulation.ppt

• www.amchamkorea.org/.../CollectiveBargainingProcess&Issues.ppt

• www.usm.edu/leadershipinstitute/.../Collective%20Bargaining.ppt