IWIS Conference PARIS, 25-27 June 2007

Status for :

USA

Country environment • Country laws

National Labor Relations Act: Right to organize 1935. Department of Labor regulates working hours, minimum wage, child labor , Family Medical Leave Act for pregnant women and families.

All pro-labor legislation and rules under attack by Bush Administration.

• Freedom of speech

Bill of Rights protects citizens but does not apply to the workplace. IBM is an “at will employer”. Employee can be terminated without just cause except in cases involving Government defined discrimination and Union contract. Employees who speak up in non-union companies face risk of job loss or other retribution.

• Health protection

No national health care system. Employees when terminated in Resource Action receive limited but expense coverage. IBM seems to be terminating employees with health problems. Retirees facing difficulty in paying for health coverage.

• Retirement

For Federal Social Security it is age 62 (minimum). Social Security and Retirement pension is transferrable to spouse. All retirement systems (national Social Security and employer pensions under pressure from Government and employers)

• Work time

40 hours per week but overtime pay is not paid to many professions (exempt). No guaranteed vacation (up to employer). While there are 11 Government recognized holidays, employers do not have to give their employees time off. It is at their discretion.

Company environment

• Country-wide agreements with trade unions (for each sector of activity) : NONE • Enterprise-wide agreements with trade unions • Are negotiations really productive?

• Are laws really applied?

• Is there any trade unions regulations: protection for trade-union workers representatives, time reserved for trade-union activities, trade union work councils representing workers at different levels in the company (site, enterprise, group, inter country work councils) etc. :

Limited protection for Union organizers and employees involved in organizing.

180000 160000 140000 120000 100000 80000 60000 40000 20000 0

Employees 1990-2007

IBM Subsidiary 50-50 (J.Venture) Subcontractor Subsidiary > 50% Subsidiary < 50%

Activities 2007

Sales Maintenance Development Services 0% Manufacturing 100%

Backup charts

IBM USA Employment Data 2006 Officials/Mgrs: 17,363 Professionals: 55,742 Technicians: 10,349 Marketing: 42,133 Office/Clerical: 5,409 Craft Workers: 1,193 Operatives: 1,784 Total:133,973

Activities 1990-2007

100 90 80 70 60 50 40 30 20 10 0

Sales Development Manufacturing Maintenance Services