Transcript Slide 1

The EMF Company Policy Committee
Principles and goals
EMF Coordinators seminar
Luc TRIANGLE
Company Policy Committee
European Metalworkers’ Federation
Bad Hofgastein, 27 - 29 November 2009
EMF Company Policy:
main goals
• Defend the interests of employees in MNC
• Give them the tools to deal with transnational
strategies of MNC
• Coordinate national trade union strategies
• Develop common positions and common
policies
From EMF EWC Task Force (1994) to EMF
Company policy Committee (2003)
Bad Hofgastein, 27 - 29 November 2009
The start / evolution
of Company Policy coordination
- 80’s – early 90’s : trade union coordination in
some TNC’s : Philips, Alcatel, Siemens,
Alsthom,…
- First informal EWC’s : Thomson, SKF, … (80’s)
- EWC Directive 1994
- Establishment EWC Task Force 1994 (till 2003) :
quick response, English, costs paid by trade
unions, high participation
- EMF Company Policy Committee 2003 : more
then EWCs, political committee
Bad Hofgastein, 27 - 29 November 2009
EMF Company Policy:
key actors
- Affiliated organisations
- EWC
- Employee representatives in company
decision-making bodies
- EMF coordinators
- Company policy committee and EMF
Secretariat
Bad Hofgastein, 27 - 29 November 2009
EMF Company Policy: core
activities
• European Works Councils (1994)
- Binding guidelines (1996/2001)
- Revision of the EWC Directive (2009)
• EMF coordinators for EWC (2000)
•The SE and workers’ involvement (2001)
• How to deal with transnational (2005)
restructuring: the EMF way
•Transnational negotiations at company
level (2006)
Bad Hofgastein, 27 - 29 November 2009
Information and consultation at
EU level: the EWC directive
• Information & consultation of workers is a high priority at
European level:
– Workers’ involvement is a common feature in
European Countries
– Transnational Social Dialogue
– Internal Market
– Internationalisation of economies and companies
• Demand for more than 25 years
• First experiences : 80’s (Thomson, VW, Renault, SKF, ...)
• Directive 94/45 approved on 22.09.1994
• Scope: the European Economic Area (EEA)
• EWC : European trade union work at company level
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Bad Hofgastein, 27 - 29 November 2009
Information and consultation at
EU level: the EWC directive –
EMF Policies
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European approach instead of national approach
• Pro-active approach: initiate negotiations
• Strong coordination
- binding guidelines through the
negotiation process (minimum rights
guaranteed)
- EMF expert present at negotiations
- Task Force / Company Policy Committee
Bad Hofgastein, 27 - 29 November 2009
EWC: State of Play
• 800 agreements – 348 in the metal (63
obsolete)
• > 60% of the workforce in MNC
• 60 ongoing negotiations + renegotiations
• 01.04.2004 + 01.01.2007: make EU
enlargement a reality for EWCs
.EWC concerned in the metal sector: 160
.All EWC enlarged but not all seats taken
Bad Hofgastein, 27 - 29 November 2009
EWC agreements:
EMF Binding Guidelines
The EWC agreement: the basis
See EMB website http://www.emf-fem.org/Areas-of-work/Company-Policy/EuropeanWorks-Councils/EMF-guidelines-in-EWC-negotiations
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Information and consultation rights
Exceptional circumstances : what is the role
of the EWC ? (Vilvoorde court case)
role of the select committee and facilities
role of the expert and coordinator
translation
Integration of CEE Countries
control on agenda, minutes and process
training
Communication
Bad Hofgastein, 27 - 29 November 2009
The role of EWC and practice
• Information and consultation
• Role in case of restructuring / exceptional circumstances
• EWC is about transnational and strategic issues
• Role and challenges for employees representatives:
understand strategic information, develop a European
approach, act as one group (get to know each other),
develop communication, report back
Bad Hofgastein, 27 - 29 November 2009
The role of EWC and practice
• Differences in social dialogue create different
expectations and misunderstandings
• Non union members ?
• Role of management
• The Recast (revision ?) of the EWC Directive : new
opportunities ?
Bad Hofgastein, 27 - 29 November 2009
Composition
of body
only
mix
Bad Hofgastein, 27 - 29 November 2009
Revision of the EWC Directive
Finally changes in the Directive 1994 !!!
New rules… in establishing new EWCs
• Responsibility of local management in information to give
• SNB setting up
• Information to European social partners
• Role for trade unions where wished by SNB
Before that :
Window of 2 years to conclude new agreements or revise existing
agreements establishing EWCs : the new rules will not apply to
those companies.
Bad Hofgastein, 27 - 29 November 2009
Revision of the EWC Directive
New rules… in the operation of EWCs
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Principle of effectiveness…
Definition of information and consultation
Transnational competence
Link national / European
Adaption clauses and procedure in case changes in make – up
Collective representation, training, report back of employee
representatives
Bad Hofgastein, 27 - 29 November 2009
Revision of the EWC Directive
No changes… in the legal framework for….
• The scope (thresholds, control)
• The priority given to negotiation at company level
• Companies with present art 13 agreements, except for the
adaptation clause
• Companies concluding or revising agreements in the 2 y
implementation period, except for the adaptation clause
Bad Hofgastein, 27 - 29 November 2009
EMF EWC Coordinators
From 2000 onwards : also focus on
existing EWC agreements
See EMF website :
http://www.emf-fem.org/Areas-ofwork/Company-Policy/European-Works-Councils/EMF-resolution-onthe-role-of-EMF-coordinators
Objective : EWCs should become real European
information and consultation bodies,
with trade union (EMF) influence, support and
guidance
How? By designating an EMF Coordinator for
every existing EWC
Bad Hofgastein, 27 - 29 November 2009
EMF EWC Coordinators:
their role
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Must know what happens in his/her EWC
First contact for other unions
Support and guide for EWC members
Give a TU persepctive
Safeguard the general interest of European
workers
• Promote EMF policies towards existing EWCs, CB,
IP
• Role in exceptional circumstances
• Link between EWC(members) and EMF
Bad Hofgastein, 27 - 29 November 2009
EMF EWC Coordinators
Profile:
• Good understanding of EMF activities and political views
• Preferably a trade union officer
Designation:
• Preferably from the country of the headquater
• Nomination endorsed by the Executive Committee
• Expert clause = EMF coordinator
Bad Hofgastein, 27 - 29 November 2009
EMF EWC Coordinators
A positive evaluation:
• One (EMF) approach towards existing EWCs
• Relay and contact point for EMF activities (sectors)
• EMF Ambassadors in the existing EWCs and for the
5000 to 6000 individual members
• Role accepted
• An increased role in restructuring case
• Practical functioning varies
A STRONG POLITICAL SIGNAL !
Bad Hofgastein, 27 - 29 November 2009
EMF EWC Coordinators
Support EMF EWC coordinators
A role for the EMF:
• Support and promote EMF coordinators on a day to day
basis
• Training
• Continuous flow of information on EMF decisions,
opinions and activities
A role for national trade union organisations
Bad Hofgastein, 27 - 29 November 2009
The SE and workers’ involvement
● Societas Europaea: a company based on
European law: regulation and directive
• But also partly national laws
• Information & consultation
• But also high level of workers’ involvement
through participation
Bad Hofgastein, 27 - 29 November 2009
Représentation au
conseil
d'administration ou de
surveillance
Representation on
board of
directors or
supervisory board
Vertretung im
Aufsichts- /
Verwaltungsrat
Bad Hofgastein, 27 - 29 November 2009
public
Bad Hofgastein, 27 - 29 November 2009
The SE: the EMF strategy
European approach instead of national
approach
•Strong coordination
- binding guidelines through the
negotiation process (minimum rights
guaranteed)
- EMF expert
- Company policy Committee and affiliates
concerned
Bad Hofgastein, 27 - 29 November 2009
The SE: the EMF strategy
• Guidelines on procedure and content (adopted by the
Executive Committee in June 2003)
• Many references to the EWC Guidelines
• Additional aspects:
- Participation: no opt-out
- Selection of employee board members =
A European mandate (EMF & affiliates)
- Choice of the EMF expert to assist the SNB
- Working structure with involvement of all actors
- Better recognition of trade unions
- Financial regulation
Bad Hofgastein, 27 - 29 November 2009
How to deal with transnational
restructuring: the EMF way
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Change = A permanent feature
EMF position: ensure socially responsible restructuring
National solutions are not sufficient any more
Pressure from the employers to play off workers against
each other
 Only one response = a European response
via coordinated and common strategies + secured trade
union and workers unity
To ensure socially responsible management of restructuring
• Increasing number of company cases (GME, Electrolux,
Arcelor…) – learning from experiences
Bad Hofgastein, 27 - 29 November 2009
How to deal with transnational
restructuring: the EMF way
The principles:
Complementary between EWC and TU:
• Anticipation and full transparency of information
• Information/consultation at European level
• European trade union coordination
• European platform (industrial and social aspects)
• European framework agreement (solutions acceptable
for all)
• European mobilisation (in line with national practise)
Bad Hofgastein, 27 - 29 November 2009
How to deal with transnational
restructuring: the EMF way
EMF Handbook on how to deal with transnational
company restructuring
See website :http://www.emf-fem.org/Areas-of-work/Company-Policy/Restructuring/EMFHandbook-on-how-to-deal-with-transnational-company-restructuring
• The EMF approach on Transnational Restructuring
• Categories of European law related to company
restructuring
•Directives on information and consultation
•Social Directives
•Economic Directives and Regulations
• The EU Merger Control Regulation
• Legal Procedures And EWC´s
Bad Hofgastein, 27 - 29 November 2009
• National Tools for
dealing with Restructuring
Conclusions
Pro-active approach: Anticipation of change:
•Improved social dialogue to limit negative impact on
employment
•Anticipation of skills needs
•Promote life-long-learning
•Promote positive mobility
Challenges:
● Strengthen the European solidarity
● Need to find common answers and common interests
● Express ourselves with one voice
Bad Hofgastein, 27 - 29 November 2009
European company level
negotiations
● Increasing number of texts discussed or
negotiated at European level in MNC (EWCs)
• CSR, restructuring issues, IFAs …
• Negotiations are trade union business. EWC
cannot do all at European company level
• Ensure trade union involvement (tucg)
• Close cooperation with EWC
• Ensure positive development of SD:
- Improvement of working conditions
- Towards harmonisation
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
EMF practice becomes policy (Ex Com June 2006)
– Internal procedure for negotiations at MNO level
– Valid for all negotiations (outcome is signed
agreement)
– Not limited to collective bargaining > also
restructuring
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
• Step 1 information & start
– Written information to all trade unions (members of
EMF) represented in MNC
• Step 2 mandate for negotiations
– Mandate on case by case (no topic outline in internal
procedure): trade unions decide.
– Mandate paper (what, outline, composition small and
large negotiating (consultation) group, procedure, …)
• Mandatory for composition neg. group,
• mandatory for inclusion external EMF representative
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
• Step 2 mandate for negotiations
– Mandate given by trade unions involved (members)
• Preferably unanimous
• If not then with 2/3 majority in each country (following own
practices and traditions: e.g.: Scandinavia on basis of
membership figures, France on basis of mandates in
company)
• One country can block decision to start negotiations unless
they represent maximum 5% of employment in company
– Mandate is verified by EMF Secretariat on
compliance with EMF policy guidelines.
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
• Step 3 Continuous general information
– Secretariat informs Executive Committee and the
relevant Policy Committees (mainly Collective
Bargaining and Company Policy, could include
Industrial Policy Committee)
• Step 4 Consultation & Decision
– Small group consults with complete negotiating /
consultation team
– Draft agreement is approved by trade unions involved
– Decision with 2/3 majority in each country (following
own practices and traditions)
• One country (whatever size of employment they represent)
can block decision sign agreement
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
• Step 5 Signing and implementation of the agreement
– Agreement is signed by the GS, the DGS or another person
specifically mandated by them
– All trade union involved shall implement the reached agreement
in accordance to their national practices
– The signature on the agreement is valid for those trade unions at
that moment represented in the company. (Mergers or
acquisitions have to be renegotiated)
• Step 6 Final Information
– Full information on the agreement and the signing shall be given
to the executive committee and all relevant policy committees
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
COMMISSION INITIATIVE ON TRANSNATIONAL
SYSTEM OF COLLECTIVE AGREEMENTS
Commission wish to create legal framework for
European agreements at company level
Based on obstruction employers: put on small fire > long
term
→ IMPORTANCE TO SHOW THE CORRECT WAY
Bad Hofgastein, 27 - 29 November 2009
European company level negotiations
First experiences:
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Areva
Schneider
ArcelorMittal
ABB
Thales
Evaluation of the procedure: EMF EXEC COM
June 2008
Bad Hofgastein, 27 - 29 November 2009