POLITICAL EVALUATION AND STRATEGIC VIEWS ON EMF ACTIVITIES REGARDING COMPANY POLICY

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• POLITICAL EVALUATION AND STRATEGIC VIEWS ON EMF
  ACTIVITIES REGARDING COMPANY POLICY
• Luc TRIANGLE, CCMB (B)
• EMF Company Policy Committee

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• 1. The EMF and European Works Councils a
  milestone in the development of a European Social
  Model
• 2. The EMF Co-ordinators
• 3. EWCs as a step towards real workers
  involvement from consultation to negotiation
• 4. Participation as a workers right
• 5. EMF Company Policy 2007 - 2011

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• 1. The EMF and European Works Councils
• 1.1. Began in 1994 and before
• First experiences in 80s
• Breakthrough in 1994
• Set up of EMF EWC Task Force
• Political co-ordination from the start EWC is a
  European topic
• Importance of the article 13 period 155 EMF
  agreements by 22.09.96 (now 330)
• Pro-active EMF approach
• EMF was the only European platform for companies
• to negotiate an EWC agreement (until 09/1996)

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• 1. The EMF and European Works Councils
• 1.2. EMF Binding Guidelines for EWC procedure and
  content (1996 - 2001)
• One common European agenda
• Binding character
• Minimum quality standard
• By far the majority of our 330 EWC agreements
  meet the EMF Guidelines
• Clarify the procedure (exchange of information)
  as well as the content

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• 1. The EMF and European Works Councils
• 1.2. EMF Binding Guidelines for EWC procedure and
  content (1996 - 2001) content
• At least one meeting per year
• Full day pre-meeting
• Right to elect a select committee with facilities
  and clear role
• Right to meet in case of exceptional
  circumstances
• Written report
• Simultaneous interpretation
• Expert of their choice at all meetings
• Not all information is confidential
• All necessary costs are covered by management
• Communication rights, also facilities at national
  level

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• 1. The EMF and European Works Councils
• 1.2. EMF Binding Guidelines for EWC procedure and
  content (1996 - 2001) recommendations
• Inclusion of members from accession countries
  CH
• Improved definition of consultation
• Right for training for the EWC
• Secretarial and translation support
• Participation of woman representatives
• Extension of the list of EWC Competences
• Agreement lifespan of 4 years
• Right for a debriefing meeting

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• 1. The EMF and European Works Councils
• 1.3. Evaluation did we succeed so far ?
• 330 EWC agreements (280 existing) is a good
  result, but we still have to go for more
• 60 ongoing negotiations negotiations take
  longer (smaller companies, full use of three year
  negotiation period)
• EMF Guidelines have been crucial in our strategy
  for European common policy
• However in some cases, the EMF Minimum
  standards became the maximum possible target
  (Companies started to know our agenda)
• Most of the EMF agreements meet the Guidelines
• Importance of EMF expert during the EWC
  negotiations
• EMF Task Force (until 2003) driving force to
  give the necessary and frequent follow up

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• 1. The EMF and European Works Councils
• 1.3. Evaluation have we succeeded so far ?
• Integration of UK (before 1999) and afterwards
  accession countries has been good
• EMF tools training handbook (1998), database
  (2002), handbook on how to deal with
  restructuring (2006)
• No success so far on Revision of EWC Directive
  lack of political interest and lack of continuity
  in trade union pressure (and priority ?)

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• 2. The EMF Co-ordinators a trade union bridge
  towards our 300 main companies
• From focus only on negotiation (1994 2000) to
  focus also on existing EWCs (2000 onwards)
• Launch of EMF Co-ordinators network October
  2000
• Objective EWCs should become real European
  Information and Consultation bodies, with trade
  union (EMF) influence, presence, support and
  guidance
• How appointing an EMF Co-ordinator for every
  existing EWC

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• 2. The EMF Co-ordinators role
• Must know what happens in their EWC
• Support and guide for EWC members
• Known by EWC members (presence at meetings ?)
• First contact for other unions, trade union
  contact for company
• Secure the European approach of the EWC, for
  example in case of restructuring
• European mandate, not a national representative
• Link between EWC (members) and EMF

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• 2. The EMF Co-ordinators role EMF
• Support EMF Co-ordinators
• Training
• Continuous flow of information on EMF activities,
  decisions and activities
• Update list of EMF Co-ordinators

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• 2. The EMF Co-ordinators benefits / value
• One (EMF) approach towards existing EWCs
• Link between Trade Union and Employee
  representation in EWC
• Important for sectoral activities, but also for
  EMF policies in other fields (collective
  bargaining, industrial policy)
• ? EMF / Trade Union ambassador in the 280
  existing EWCs

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• 2. The EMF Co-ordinators lessons for future
• Convincing EWCs that the EMF Co-ordinator should
  be involved
• EMF Co-ordinator is European mandate, not a
  extension of national mandate
• Not all EWCs have a EMF Co-ordinator as yet
• Guaranteeing that the EMF Co-ordinator has the
  necessary time available to execute their tasks
  (co-operation needed from national trade unions)
• ? Updating network / training co-ordinators /
  moving forward with the EMF activities in this
  field will be the main features for the EMF from
  2007 onwards

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.1. From consultation to negotiation
• Current definition of consultation in EWC
  Directive
• Prior consultation negotiation
• EWC right to deliver a second opinion
• Trade union challenges linked with prior
  consultation
• EWC experiences

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.2. EWC / Trade Union negotiation at company
  level
• EWC as a platform for European agreements
• Topics gender equality, vocational training,
  how to deal with transnational restructuring,
  disabled workers
• EMF policy Trade unions (EMF) should take the
  leading role in this
• Important role for EMF Co-ordinator

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.3. Internal EMF Mandate Procedure for
  negotiations at European company level
• Procedure to give the EMF a mandate to negotiate
  at European company level
• Mandate to initiate negotiations and to conclude
  agreements
• Example AREVA
• EU Commission initiative to create a legal
  framework for negotiations / agreements at
  European Company level

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.4. EMF activities on company restructuring
• Co-ordination of trade union response
• Numerous cases of trade union meetings and
  co-ordination
• Growing challenge
• Role for EMF Co-ordinator

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.5. The 10 EMF principles for transnational
  restructuring
• Corporate restructuring is a permanent feature
• Reality of social dumping and downward spiral on
  salaries / working conditions
• Transnational restructuring needs a European
  Trade Union / EWC response
• ? Will be one of the main EMF Challenges in the
  next period creating solidarity in cases of
  restructuring

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• 3. From information / consultation to negotiation
  
• EWCs as a step towards real workers involvement
• 3.5. The 10 EMF principles for transnational
  restructuring
• Principles e.g.
• Set up of European Trade Union Co-ordination
  group
• Develop a common European platform
• Envisage to negotiate common and acceptable
  solutions and to conclude a European Framework
  agreement
• Envisage cross - border actions
• A binding European strategy for all

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• 4. Participation at board level
• EMF participation at board level creates
  additional chances for workers representatives
  to influence company decisions
• EMF Congresses 1999 and 2003
• Participation at national level under pressure
  pressure on European Social Model

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• 4. Participation at Board level
• 4.1. Participation avant-la-lettre Arcelor
• Three Board representatives
• Before transposition of SE Directive
• Challenge creating a link between EWC, Trade
  Unions, EMF Co-ordinator and Board
  representatives

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• 4. Participation at Board level
• 4.2. The European Company (SE) and the EMF
  Guidelines
• EMF Guidelines on SE (2003) important choices
  on participation, trade union presence
• EMF SE Guidelines common European platform on
  participation and SE
• Important political exercise
• SE since 2004 only three in metal industry
  (Elcoteq, MAN BW Diesel, Plannsee)

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• 5. EMF Company Policy 2007 2011
• 5.1. European Works Councils as an engine for
  European Information and Consultation rights
• 5.1.1. Setting up of new EWCs
• Focus on target companies without EWCs
• Renegotiation of existing EWC agreements to
  improve quality
• New EU member states

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• 5. EMF Company Policy 2007 2011
• 5.1. European Works Councils as an engine for
  European Information and Consultation rights
• 5.1.2. Operation existing EWCs
• EMF Co-ordinator as a support for EWC
• EWC common demands
• Training and Activities towards EMF Co-ordinator
  and EWC Chairs.
• Role of economic expertise
• Exchange of best practice

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• 5. EMF Company Policy 2007 2011
• 5.2. Restructuring and change at European Company
  level
• Building up good practice on EMF Principles on
  how to deal with Company restructuring
• Regular critical evaluation on joint European
  Policy
• Promotion of European framework agreements
• European Trade Union Co-ordination meetings

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• 5. EMF Company Policy 2007 2011
• 5.3. Developing negotiation results at European
  Company level
• More social dialogue with European companies
• Towards transnational negotiations at European
  company level EFAs,
• Corporate Social Responsibility EWCs as a
  platform to launch International Framework
  Agreements

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• 5. EMF Company Policy 2007 2011
• 5.4. Participation as a key to a higher level of
  workers involvement
• 5.5.Trade Union organisation at company level
• 5.6. European legislation

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• 6. CONCLUSIONS
• Company policy is one of the main topics for the
  European Trade Union movement
• EWCs are key players in this policy
• Need for higher common approaches in cases of
  transnational restructuring
• From Consultation to Negotiation new challenge

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• 6. CONCLUSIONS
• Company policy is one of the main topics for
  European Trade Union movement
• EWCs are key players in this policy
• Need for higher common approaches in cases of
  transnational restructuring
• From Consultation to Negotiation new challenge
• ? Thanks to our 6000 EWC members in the EMF, our
  280 EWC Chairs and EMF Co-ordinators !