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EU Services Unions Report On The Extension Of Collective Bargaining

Posted on September 23, 2024 By Tony Burke

By Tony Burke

A new report from the European global union UniEuropa which represents 270 unions and 7 million members working in service industries including communications, digital and tech, graphical, media, finance and commerce has published a new report backing the extension and European wide collective bargaining.

It comes at an appropriate time as the European Minimum Wage Directive offers Europe’s unions an opportunity to rebuild trade union membership and power across Europe.

Under the directive all EU countries are obliged to protect and promote collective bargaining and, where collective bargaining coverage is below 80%, EU Member States are obliged to draw up and implement national action plans to increase collective bargaining coverage and the UniEuropa report is urging unions to grasp this opportunity of developing National Action Plans by proposing ideas and strategies to boost collective bargaining coverage.

These include the urgent need to strengthen trade union bargaining capacity by removing existing barriers to union organisation and protecting workers from anti-union practices; encouraging union organising and membership by limiting the cost of joining a union through tax exemptions or refunds; giving unions access to workers and developing workers facilities and resources for union representation; the introduction of union-only benefits, solidarity fees; systems of mandatory union membership, and the general need to re-regulate the European labour market to reduce precarious work.

The report also focuses on employers by challenging fragmented collective bargaining in multi- employer sectors; enabling policies to make some enterprise benefits including tax credits, training and access to subsidised employment conditional on collective bargaining and compulsory membership of employers’ organisations who are mandated to collectively bargain with unions.

In addition the report argues public policy should promote effective collective bargaining including ensuring the availability of accurate and complete data; proposing information requirements for employers; emphasising good-faith bargaining and fair bargaining practices; reform of industrial action and (the report specially says that “there can be no bargaining without the right to strike, and in some contexts reform of strike regulations is overdue”); regulations and financial support for collective bargaining and mediation; compulsory bargaining, mediation, arbitration systems and the setting of sectoral standards through government regulation.

The report also proposes collective agreements become effective regulatory instruments and have a legal status; a restriction on the use of opt-out clauses; using public procurement to incentivise sectoral bargaining and specialised labour courts; improving enforcement and education to shape cultural attitudes and promoting the benefits of collective bargaining and promoting a positive culture around good working conditions and collective bargaining.

The summary of the report says it does not claim to be exhaustive or definitive, nor does it reflect the position of UNI Europa or affiliates – some unions opposed a European Minimum Wage, for instance in Nordic countries preferring to maintain their own collective bargaining arrangements.

This report is ambitious – to say the least. There are ideas in the report that are in Labour’s New Deal including access to workers and anti strike legislation but others notably the extension of sectoral collective bargaining could be incorporated into Labour’s New Deal.

For those Labour ministers and MPs who will be guiding the New Deal through the House Of Commons it is well worth reading.

Download a copy of the report here

Tony Burke is Co-Chair Of The Campaign For Trade Union Freedom.

Delivering A New Deal For Workers: CTUF & IER Issue Document For TUC & Labour Conferences

Posted on September 8, 2024September 8, 2024 By Tony Burke

Tony Burke, Co Chair Campaign For Trade Union Freedom

By Tony Burke, Co-Chair Of The Campaign For Trade Union Freedom.

The Campaign For Trade Union Freedom and the Institute of Employment Rights have issued a new six page document which will be published next week and will be available to delegates at the the TUC in Brighton and the Labour Party Conference in Liverpool from September 22nd.

Written by three of the UKs leading employment rights specialists Lord John Hendy KC and Professors Keith Ewing and Nicola Kountouris the document “A New Deal & A New Government” congratulates Labour’s on the pledges contained in the Kings Speech to honour its election manifesto to implement the proposals made in Labour’s plan to make work pay and delivering a new deal for working people.

Whilst issues such as banning zero hours contracts, ending fire and rehire and employment rights from day one have generated national publicity in the media the CTUF-IER document sets out some key issues which must be addressed in the forthcoming Employment Rights Bill (due in October – and further measures thereafter) to make sure the bill makes a significant difference to the UK’s 31 million workforce.

It warns Labour only goes part of the way to achieve the goals set out in their plan, which includes backing working people to take their voice at work back; improve their terms and conditions and ensure protections at work and workplace rights are fit for a modern economy and tackling insecure work, increasing productivity and creating the right conditions for sustained economic growth;

The document also points out that the UK’s existing framework for industrial relations and collective bargaining is “rife with inefficiencies and anachronisms that work against cooperation, compromise and negotiation” and that legislation needs updating “so it is fit for a modern economy, removing unnecessary restrictions on trade union activity and ensuring industrial relations are based around good faith negotiation and bargaining”

Warning Labour not to exploit Brexit to avoid the need to grow collective bargaining it points out that there can be no effective collective bargaining without an effective right to strike and that the current scope of collective bargaining in the New Deal is limited to sectoral bargaining arrangements only for adult social care, restoring negotiating procedures for school support staff, and protecting national collective bargaining for the fire service. “Important though this will be for the workers in these sectors, it does not begin to touch the wider problem, and falls far short, for example, of the 80% coverage target adopted by the EU as part of its 2022 directive on adequate minimum wages. secure recognition, minimising the opportunity for hostile employer action.”

On trade union rights the document says that the current rule banning an application for recognition for three years following an unsuccessful Central Arbitration Committee (CAC) application should be revised and say six months is long enough – given the high turnover in many workplaces today.

The law on unfair labour practices should be amended so that it is unlawful for an employer to interfere with the relationship between workers and their trade unions, for example by encouraging, facilitating or inducing them to resign from their chosen union.

Equally union membership and collective bargaining under the statutory recognition procedure should not be limited (as at present) to pay, hours and holidays, but should include all contractual terms and conditions (and anything else agreed).

There is need for Labour to be consistent with its general commitment general commitment to “update trade union legislation so it is fit for a modern economy, removing unnecessary restrictions on trade union activity and ensuring industrial relations are based around good faith negotiation and bargaining”.

These issues and more will be discussed on the fringe at this year’s TUC Congress in Brighton at the Institute of Employment Rights and Campaign for Trade Union Freedom fringe on Sunday 8th September at 6:00 pm (or close of Congress) at Brighton Conference Centre, Kings Road, BN1 2LN and at the Sussex Morning Star Supporters’ Group on Tuesday 10th September at 2:30 pm in Wagner Hall, BN1 2RU.

The Right To Strike: The Heart Of Worker Empowerment

Posted on August 15, 2024August 15, 2024 By Tony Burke

By IndustriALL Global Union General Secretary, Atle Høie

The right to strike and the right to organize are fundamental pillars of worker empowerment, enshrined in International Labour Organization (ILO) Conventions 87 and 98. These rights are essential for workers and unions to protect their interests and assert their power against the enormous economic and political influence of employers. Without the ability to strike, workers are left defenseless in wage negotiations, working conditions, and basic workplace dignity.

At the core of these protections is the right to organize. This right allows employees to unite and advocate collectively on shared issues.

However, in some parts of the world union discrimination is widespread. Even companies that engage in collective bargaining resist unionization efforts where they can, undermining the fundamental rights of their workers.  A striking example is the recent action by IndustriALL affiliate United Auto Workers (UAW), which filed federal labour charges against former US President Donald Trump and Tesla CEO Elon Musk.

The charges accuse them of illegally threatening and intimidating workers who stand up for their rights by engaging in strikes. This case underlines the ongoing global struggle for labour rights, even at companies with significant international influence. Tesla, a company notorious for its anti-union stance, employs over 120,000 workers worldwide yet refuses to engage in collective bargaining.

Attempts to organize within Tesla have been met with fierce resistance, with Elon Musk himself threatening retaliation against workers who attempt to unionize. This has led to significant tensions with labour unions, particularly in Sweden. Swedish union IF Metall became the first to take action against Tesla’s anti-union practices, initiating industrial action on 27th October 2023 in 12 Tesla-owned garages and expanding to 20 more locations.  Despite brief negotiations in November last year, Tesla remained steadfast in its refusal to sign a collective agreement. The company’s management has dismissed labour rights, arguing that they are not part of “the company’s concept.” Elon Musk has publicly criticized unions, claiming they create division and negativity within companies.   IndustriALL general secretary, Atle Høie, says: “Elon Musk’s business model is one that is designed to avoid respecting human rights. We must defend workers and the rights that they have fought so long for. We stand with the UAW in their fight.”

This conflict is not just about Tesla and its workers—it is a symbol of the broader battle for labour rights and the critical importance of the freedom to organize and strike. Without these rights, workers around the world remain vulnerable to exploitation and injustice.

The right to strike is not just a tool—it is a crucial defense that ensures workers can stand up for themselves and each other.

Demand Real Change Not Empty Promises Or Half Measures

Posted on August 4, 2024 By Tony Burke

By Sarah Woolley, General Secretary of the Bakers, Food & Allied Workers Union and C0-Chair of the Campaign For Trade Union Freedom

We are at a pivotal moment for workers’ rights in our country: after fourteen years of austerity and our rights being systematically stripped back we have an opportunity for change.
I know there are mixed feelings around just how much change there will be under this Labour government. The election has shown us that the fight for justice and fairness in the workplace and our communities is far from over, and now more than ever, we need to unify our voices and our efforts, because seeing five Reform candidates be elected into Parliament should be much more of a concern to all of us than what Starmer is or isn’t going to do in the next one hundred days.
Our union, the Bakers Food and Allied Workers Union (BFAWU), recently conducted a comprehensive survey to understand the concerns and priorities of our members. The results highlighted the urgent need for political and economic transformation.
Whilst many would argue there is no difference in the main political parties and ask what is the point in politics, our members are actually politically engaged and determined to see change.
They are not content with the status quo. The issues they face are not unique to our sector but reflect broader societal challenges. The cost-of-living crisis, which makes it difficult for families to afford basic necessities like food, energy, and housing, unsurprisingly was the main concern. A crisis that has been compounded by low pay, poor management practices, and insecure working conditions.
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In the workplace, our members are grappling with low wages, bullying management styles, unsafe working conditions, and insufficient staffing. They are asked to do more with less, often under the strain of unsociable hours and insecure contracts.
Our survey results clearly outline what our members believe is necessary to address these challenges. Their voices have shaped the Bakers’ Dozen manifesto of 13 key demands that we will continue to advocate for tirelessly:
• £15 an Hour Minimum Wage: because every worker deserves a living wage, regardless of age. This will end the unfair youth limit on the national minimum wage.
• Abolish Zero-Hour Contracts: We demand job security and predictability for all workers and this should be all Zero Hour contracts because they can all be exploitative.
• Full Employment Rights from Day One: All workers should have their rights protected from the moment they start their job.
• Contractual Sick Pay at 100%: Employers must provide six weeks of sick pay at full wage to all workers.
• Repeal Anti-Union Legislation: Unions need the freedom to organise and advocate without restrictive laws.
• Maximum Workplace Temperature: Legislation is needed to ensure safe and comfortable working conditions.
• Accountability for Company Failures: Companies must not evade their financial responsibilities through administration loopholes.
• Public Ownership of Utilities: Water, energy, and Royal Mail should be publicly owned to curb excessive pricing and ensure fair access.
• Right to Food: A statutory right to food, free school meals, and a cap on supermarket profits are essential to combat food insecurity.
• Affordable Public Transport: Re-nationalise train companies, cap bus fares, and provide free public transport for young people aged 16-25.
• End Arms Sales to Israel: We must take a stand for human rights and justice globally.
• Abolish Tuition Fees: Education should be accessible to all, regardless of financial background and they must bring back a new and improved version of the Union Learn Fund in England so everyone has the opportunity to upskill and develop themselves.
• Create a National Care Service: Providing dignity and care for the elderly and vulnerable is a societal duty.
These demands are not just aspirations; they are essential changes that will improve the lives of our members and the wider community. Our collective strength and solidarity are our greatest assets. We must continue to organise, educate, and mobilise to hold those in power accountable: just because they are now the Labour Party it does not mean we can rest on our laurels.
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In the wake of the election, we need to send a clear message to our newly-elected representatives: we will not accept empty promises or half measures. We demand real change, and we will not rest until we see it.
Together, we can build a future where every worker is treated with dignity, respect, and fairness. We can’t rely on politicians to do that, we have to do it ourselves.
We can push out the far right and stop Reform gaining any more ground, but to do that we need to be able to do our jobs as trade unionists, have access to workers and work together across the movement, challenging their rhetoric and showing people that we are the ones who will support them, not Farage and his ilk.

Many thanks to Sarah Woolley for her permission to publish her speech here, given at the annual Institute for Employment Rights/Campaign For Trade Union Freedom eve-of-Gala rally in Durham, on July 13th and also published by Simon Fletcher on his Substack Blog site