Title: Information and Consultation: A Case Study Review of Current Practice
1Information and Consultation
A Case Study Review of Current
Practice
- Dr Damian Thomas (NCPP)
- ICTU IBEC NCPP Seminar
- Nuremore Hotel, Carrickmacross
2The European Employee Information and
Consultation Directive
- to establish a general framework setting out
the minimum requirements for the right to
information and consultation of employees in
undertakings or establishments within the
Community. - Important development in Irish employment
relations as it builds on existing I C
provisions EU objective is to encourage
on-going and general process of information and
consulation - Ireland (UK) phased implementation
- Undertakings 150(establisments with 100) March
2005 - Undertakings 100-150 (establishments 50) March
2007 - Undertakings 50 (establishments 20) March 2008
3Information and Consultation
- Definition of information and consultation
- exchange of views and establishment of dialogue
between the employees representatives and
employer - Information on recent and probable development of
the undertakings/establishments activities
economic situation - Information and consultation on situation,
structure and probable development of employment
trendsany anticipatory measures envisaged where
there is a threat to jobs - Information and consultation on decisions likely
to lead to substantial changes in work
organisation or in contractual relations
(includes collective redundancies / Transfers of
undertakings)
4Process of Informing and Consulting
- Timing, method and content are appropriate
- At the relevant level of management/representation
(issue) - information supplied enables representatives to
examine the subject under consideration - Allows representatives to meet with management
and obtain a response / reasons for this response
on any opinion formulated - If the issue relates to changes in work
organisation or contractual relations it should
be with a view to reaching agreement (on
decisions within scope of employers powers)
5- Builds on existing directives with a view to
encouraging and on-going and general process of
information and consultation (Evelyne Pichot,
European Commission) -
- Active process employers and representatives
will have to inform, explain, justify and make
proposals (Dr. Pascale Lorber, 2003)
6- Directive non prescriptive
- Considerable flexibility to tailor the
legislation in accordance with national
preferences, laws, customs etc., - Management labour can define their own
practical arrangements for I C freely at any
time (Article 5) - Range of issues that will have to addressed by
the legislation for transposing the Directive ie - Employee representatives
- Level
- Trigger mechanisms
- Sanctions / handling of grievances
- Confidentiality
- Statutory fallback
7High Performance Work Organisations (HPWO)
- Informing and Consulting are the building blocks
of HPWO - Forum/Surveys managing organisational change
and/or moving towards higher value added
activities dependent on engaging/consulting with
employees - Good communication and open systems of employee
consultation and engagement will be required to
enable often difficult change to occur (IMI,
Submission) - ESRI/NCPP Employees Survey - Significant minority
disengaged from I/C processes - Lack of shared objectives and low trust main
barrier to change (LRC)
8NCPP Research Project Learning Network
- GMIT
- GE Interlogix
- Medtronic AVE
- Multis
- Nortel Networks
- Roches Stores
- VHI Call Centre
- Allianz Ireland
- Barnardos
- Beckman Coulter Instruments
- Dell
- Dublin City Council
- Electric Paper Co.
- ESB
9Informing and Consulting
- Direct Information Sharing
- Extensive range of practices methods
- Regular employee briefings (level/frequency/scope)
- Personalised interaction (formal/informal)
- Direct Consultation
- Individual
- Permanent groupings / initiatives
- Temporary projects
- Open ended initiatives
10Informing and Consulting - Indirect
- Unionised established IR structures
relationships main vehicle for informing and
consulting with employee representatives I - Issues extend beyond pay conditions
- 7 organisations had established formalised
partnership-style arrangements or structures
11Key Lessons
- Good platform
- Shared understanding of the potential value of
enhancing I C practices and procedures - Integral to business / organisational strategies
- Managers more at ease with informing (variable
enthusiasm) - Consultation less prevalent in early planning
compared to planning and implementation phases - Unionised early consultation on IR issues
- IR arena not limited to core IR issues
- Meaningful dialogue
12Key Lessons
- Distinction blurred
- Direct and Indirect practices mutually supportive
- Informal dialogue and highly personalised
relationships - Work in progress
- Top level support for the development of a
participatory management culture - Employees want to contribute managers
encouraged to foster such an approach - Context, manner and spirit
13Summary of the Advantages
- Overall Performance
- Competitiveness
- Customer Service
- Understanding of goals/objectives
- Change
- Openness to change
- Anticipate and manage change
- New flexible ways of working
- Continous improvement
- Capability
- Better informed decisions
- Problem solving and innovation
- Effective implementation
- HR/IR
- Better relationships
- Trust and openness
- Employee involvement
- Commitment
- Staff
- Employee voice
- Satisfaction / autonomy
- Working Environment
- Benefits
14Attitudes and Perceptions towards ICD
- HR Mangers generally supportive balanced with
flexibility and competitiveness - daunting to workable
- Recognition of the potential value that this
initiative could bring - Employee Representatives less knowledge of the
detail welcomed any initiative that would enhance
employee voice
15Transposing the Directive into Irish Law
- Key Management Issues
- Flexible arrangements
- Confidentiality
- Locus of Decision Making (autonomy)
- Distinction between consultation negotiation
- Relationship with existing structures ie
industrial relations or partnership
16Challenges
- Business Culture
- Managers Right to Manage
- Non-unionised establishments / non-unionised
employees - Securing staff interest
- Improving current practice
- Existing industrial relations culture/structure
- Communication overload
- Resourcing / Training (managers/representatives)
17Organisational Culture, Practices and Procedures
- Adapting, formalising and/or regularising
existing arrangements/practices - 3 examples where character, structure,
composition and function of existing structures
would more than meet future requirements - Changes earlier and increased consultation
regularised information flows new arrangements
for indirect representation - Directive as general framework that will act as a
catalyst for focusing attention on improving
organisational culture and current practice in
relation to informing consulting - Foster and deepen customised, partnership-style
arrangements for managing and anticipating change
18- Not a constraint on competitiveness /
organisational flexibility - - Timely information and consultation is a
prerequisite for the success of the restructuring
and adaptation of undertakings to the new
conditions created by globalisation of the
economy, particularly through the development of
new forms of organisation of work (Recital 9) - Irish Context this Directive accords with
- Emerging trends in employment relations / HR
- Competitive context / nature of work/jobs
- Changing workforce
- Institutional Context
19No Single Model
- NCPP Case Studies
- Product of agreement/negotiation
- Agreed and written constitution
- Open and elected membership (designated places)
- Business-focused agenda
- Information sharing, employee dialogue and
participation - Evolutionary dimension
- DETE Consultation Paper (Rules)
- Entire Workforce / negotiated (deadline)
- Writing / dated / available / Signed / Supported
- Subjects and conditions/methods
- Provision for renegotiation
- Principles (Article 5)
- Arrangements must be effective
- Enterprise/Employee interests
- Rights/obligations of both parties
- Spirit of Co-operation
- Arrangements based on direct involvement free
to exercise their right to have employee
representatives
20Framework of Good Practice
- Customised arrangements
- Viable, practical and sustainable
- Adhere to spirit of the Directive
- Adopt benchmarks of good practice
- Effective and Flexible
- Agreement
- Integrated (HR policy ) Build on and complement
existing mechanisms/policies
- Aligned with business/organisational strategy
- Evolution Experimentation
- Monitoring and reviewing benefits outputs
(active) - Foster a culture of information sharing /
participation and consultation
21Going Forward
- Something should be doing(potential benefits)
rather than have to do (regulation)