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Сравнение социальных моделей Европы. Социальная и трудовая политика в Европе. Учебно-методическое пособие

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of trade unionism and collective bargaining strategies in the European context.
Scenario 1: decentralisation of collective bargaining. This first scenario assumes continuation of the current trend towards decentralisation of collective bargaining entailing the attempt, in particular, to adjust wages to specific company situations and their productivity levels, which might possibly also enable a closer link between bargaining on employment issues and improvements in efficiency and productivity within the firm. Under this scenario, companies would enjoy a more flexible collective bargaining structure enabling faster adaptation to market fluctuations. But the risk for the trade unions is that they would be more vulnerable; their representation would tend to become more limited to the company or group; there might be a tendency for the coverage of collective bargaining to fall; and the trade unions would lose influence outside the firm. On the other hand, their greater proximity to their constituencies could lead to improved worker participation and to a strengthening of the unions' (or works councils') legitimacy.
At the same time, however, this scenario would foster the spread of 'human resources policies' and of a form of trade unionism close to the American model, entailing a distinction between unionised and non­unionised companies, a more individualised link with members and a conception of the trade union as an organisation that offers services (shopping discounts, credit cards, etc.) as a means of securing 'customer' loyalty.
What would collective bargaining along these lines be like? Past experience shows that this decentralised model can contribute to ungovernability. This is indeed (he lesson to be learned from the Donovan Commission Report in the United Kingdom during the 1960s: intermittent unrest, more strikes and fragmented representation. And in the event of an inflationary scenario in Europe in the coming years how would it be possible to agree on wage restraint as a means of controlling inflation?
Scenario 2: Co-ordination by means of national-level social pacts. This second scenario derives from the trend towards the
conclusion of national-level social pacts. At EU level the requisite
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concertation could be achieved via the Macroeconomic Dialogue in
Scenario
1:
Decentralisation of
Greater adaptability of wages
to firms' actual productivity
trade union and
Risks of weakening of trade
Scenario
2.
level
nation by means of social
ion and
Scenario
3.
ion of
lective bargaining at European
pean
tional
Scenario
4.
Combination of
centralisation and some
ing in
tom and
Coordination by European
collaboration with the EcoFin Council and the European Central Bank.
Table 1.
Future scenarios
National-
collective bargaining
•
conditions
• Low cost of employer coordination.
• unions
Coordinat col Union level
• Unification of the Euro industrial relations system
• Coordination of transna bargaining
• Leadership of IG Metall?
coordi pacts
• Demands for macro­economic dialogue
• High costs of trade un employer co-ordination
de transnational cooperation
• Decentralised bargain accordance with local cus practice.
• Adaptation to flexibility
• Works Councils
This tendency might perhaps be strengthened as a means of ensuring the required flexibility and competitiveness in the context of Monetary Union (i.e. in the absence of monetary and exchange rate policy autonomy): there could be an accelerated need for 'political exchange' to moderate pay increases and ensure compensation by means of redistributive fiscal policies. Pacts could thus be associated with the safeguarding of pension, unemployment insurance and social security systems (as has happened, for example, in Finland).
Even so, pacts could be difficult to achieve in the event of major fluctuations in the economic cycle. Fiscal policies would not be sufficient and would be unable to fulfil their redistributive role.
Scenario 3: Co-ordination of collective bargaining at European Union level.
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Integration in the single market is pushing more and more in the direction of co-ordination of pay bargaining. Labour costs and competitiveness are increasingly interdependent. This argument is important in the German trade unions and co-ordination strategies are already in existence between Germany, the Netherlands, Austria and Belgium.
Extension of this co-ordination model could presuppose: a) a unified system of industrial relations in the EU; b) a co-ordination of certain bargaining topics at EU level: c) transnational co-ordination at industry level and d) informal co-ordination of bargaining patterns. However, the cost of this co-ordination would be extremely high. There are so many obstacles (cultural, linguistic and legal) in the way of this kind of scenario that it is today barely credible.
Scenario 4: Combination of decentralization and some transnational co-operation. This option might well be more realistic
given the diverse and divergent nature of trade union cultures and traditions; it would represent a combination of scenarios 1 and 3. In other words, it would entail, on the one hand, a decentralised bargaining model, taking account of local features and, on the other hand, co­ordinated bargaining involving the European Works Councils and the European industry federations which would encounter the need to co­operate particularly on pay questions. In this way the trade unions could win back some of the power they have lost at the level of the nation state. And co-ordination would be less expensive in this scenario.
All in all, the authors' best guess was that scenario 4 was the most likely.
The second study, entitled What do unions do to the welfare states?', is authored by Agar Brugiavini (University of Venice), Bernhard Ebbinghaus (Max Planck Institute Cologne). Richard Freeman (National Bureau of Economic Research. USA), Pietro Garibaldi (Universidad Bocconi). Bertil Holmund (Uppsala University). Martin Schuludi (Max-Planck Institute. Cologne) and Thierry Verdier (Ecole Normale Supérieure).
The research findings were presented by Agar Brugiavini who stressed the strong correlation encountered between trade union membership figures and the generosity of the welfare state. A particularly salient observation is that the countries with the highest
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unionisation rates tend to pay more generous unemployment benefit. Thus higher trade union density appears to imply higher coverage by the public welfare state systems. By the same token, countries with lower trade union membership levels spend a lower percentage of GDP on pensions, for example.
The authors' proposal is that the trade unions should be encouraged to take on management of the unemployment insurance system, as is the case in the Nordic countries and Belgium (Ghent system). This would mean giving trade unions the responsibility for the administration of unemployment benefits, leading them to feel, in turn, some responsibility for pay developments insofar as they would become aware that rapid pay increases would lead not only to an increase in inflation and an increase in unemployment but also to losses in the purchasing power of pensions, management of which would be their responsibility. Administration of unemployment benefits would entail for the trade unions a concern for training, reskilling and offering workers incentives to return to work. All in all it would contribute to mobilisation of the labour force. And some of the dividends accruing to the trade unions might be to attract young people into membership, to retain the unemployed in membership, and thereby raise overall membership levels: an opportunity, in other words, to recover some of their lost power.
The main criticisms levelled against the two studies relate to a bias inherent in their methodology. A first remark refers to the lack of historical perspective to explain the development of trade unionism and industrial relations. The ahistorical character of both studies entails a static approach which neglects the conflict factor as a key element of social change. A second observation relates to the concepts central to the studies. First of all, the representativeness of the trade unions cannot be measured solely using the membership rate as an indicator. In several countries the criterion of electoral audience is more important than that of trade union membership. In other countries the size of trade union strength is enhanced, in terms of representativeness, through labour legislation, in other words the trade unions are granted a significant role in the political arena. What is more, it should not be forgotten that trade unions, as well as being organisations, are social movements. In a word, use of the quantitative criterion of membership rates enables
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measurement of 'representation' but not of 'representativeness'. The latter is a qualitative concept not easily incorporated into econometric models of analysis.
The third critical observation relates to the concept of 'decentralisation'. This has various meanings insofar as the term is used in some cases to refer to the decentralisation of bargaining procedures and in others to the decentralisation of bargaining on specific subjects. In the specialised literature one finds terms such as 'decentralised co­ordination' or 'controlled decentralisation' which are employed in order to take account of the tendency towards a twofold process consisting, on the one hand, of centralised negotiation of a framework of minimum standards in terms of contents, at the same time as other matters of content become decentralised to company level. This applies, for example, to collective bargaining in Germany, where bargaining takes place at sectoral level but also incorporates agreement on 'opening clauses' designed simultaneously to facilitate decentralisation.
The two studies presented by the Debenedetti Foundation are of considerable interest and provide stimulus for further debate. They may indeed perhaps mark a turning point in liberal discourse which, since the 1980s, has regarded the trade unions as dinosaurs close to the point of extinction. This initiative appears, on the contrary, to be an attempt on the part of the Debenedetti Foundation to revive the dialogue between liberal thinking and the various social and trade union currents of thought. Such dialogue is today urgently needed to ensure that the process of European integration has a social as well as an economic impact.
Crisis and trade union challenges in Portugal and Spain: between
general strikes and social pacts
Maria da Paz Campos Lima, Antonio Martin Artiles
(Transfer: European Review of Labour and Research 2011 17: 387 DOI:
10.1177/1024258911410806, The full version of this article can be found at: http://trs.sagepub.com/content/17/3/387 )
Summary
This article examines the responses of trade union confederations to the impact of the international crisis of 2007-2010 in Portugal and in Spain. Both countries had socialist governments in power and were in particularly vulnerable positions when the crisis struck. During this
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period trade union confederations negotiated social pacts and called general strikes. Drawing from the literature on social pacts, general strikes and on the identities and strategic actions of trade unions, the article explores the dynamics of government policies and trade union responses and their implications for the relationship between social pacts and general strikes.
Keywords: Social pacts, general strikes, economic crisis, trade union strategies, socialist parties, trade unions
Introduction
Together with Avdagic et al. (2005, 2011) we define social pacts as formal agreements of social concertation between the state, unions and employers that seek to facilitate adjustment in the areas of wage setting, the labour market and welfare policies. For the purposes of this article we highlight with Traxler (2010: 50) that: 'as regards actors the paradigm case of pacts is tripartism (...) because the distinctive and special contribution of pacts to macro governance, as compared to collective agreements, is their claim to concert the activities of organized interests and the state' and that this 'implies demarcating pacts from peak-level (i.e. centralized) collective bargaining which is a purely bipartite undertaking by the two sides of industry.'
The role of exogenous economic shocks as a necessary or a sufficient condition to trigger social pacts has been a concern of the study of the social pacts concluded over the last two decades in Europe, both before and under European Monetary Union (EMU). The role of exogenous economic shocks should be examined in articulation with other factors, in particular the politico-economic conditions and the configuration of institutions' and actors' strategies (Avdagic et al., 2005, 2011; Pochet et al., 2010). Avdagic et al. (2005, 2011) concluded that, in the EU context, economic constraints related to EMU alone were neither a necessary nor a sufficient condition for the establishment of a social pact, and demonstrated that a high economic 'problem load' facilitates pacts only when combined with particular political and/or institutional conditions. In particular, weak governments and intermediate union centralization seem to have been key ingredients for successful tripartite concertation during the 1990s. In terms of economic conditions, high
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unemployment seemed almost as important for the likelihood of entering pacts as problems in meeting the Maastricht convergence criteria.
According to Traxler (2010: 73), the bargaining structure figures among the institutional and power differences which may influence social pacts, in particular with regard to wage policy. In countries where coordination of multi-employer bargaining continues to be important, unions and employers' associations retain their deterrent power to impose negative externalities on governments, which may result in the need for cooperation to secure instrumental governance. Yet if the bargaining units arc strong enough to enforce their interest in wage moderation across the economy then there is no reason for governments to conclude pacts.
The focus on actors' strategies has also been considered crucial. Hamann and Kelly (2007, 2011) have focused on the specificity of the role played by the governments, compared with the actors on the two sides of industry, pointing to the determinant role of party political configurations and electoral dynamics on social pact offers. In line with a multi-causal and actor-centred approach, Avdagic et al. (2005, 2011) explained that the dynamics of interaction during social pact negotiations and perceptions of relative power were crucial factors in shaping actors' strategies leading to the conclusion of social pacts.
The impact of the international crisis of 2007-2010 on European policy and on EU countries again directs attention to this debate. Questions have arisen concerning whether or not governments made pact offers to deal with the crisis and if employers' organizations and trade unions have included the possibility of concluding a social pact in their agendas or have chosen other courses of action. Currently, exogenous shocks in a number of countries seem to have triggered general strikes rather than social pacts. However, in a number of countries, such general strikes were eventually followed by the signing of social pacts, as has been the case in Portugal and Spain.
The link between social pacts and general strikes has not been systematically addressed in the literature. The analysis of the period 2007-2010 may provide important insights in this respect. For Kelly and Hamman (2010a), the specificity of general strikes as compared with economic strikes is that they are directed against governments and their (proposed) policies rather than employers. Organized around issues of
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concern to large segments of the population, the issues that motivate general strikes are not generally those that are subject to regular collective bargaining processes and mobilization may extend beyond the unions' membership.
Hamann and Kelly (2004: 106) pointed to the link between social pacts and general strikes, asserting that even though unions have rarely secured all of their demands, they have frequently obtained sufficient concessions to sign social pacts and sometimes this has been achieved through the use of general strikes. This is a phenomenon which in the view of Hyman and Gumbrell-McCormick (2010: 319) can shift the balance of the 'downward spiral of concession bargaining', into which social pacts in the last two decades have seemingly forced trade unions.
Moreover, in defining general strikes as involving '... the mobilization by one or more confederations of the whole of its membership, as well as non-union members, typically in protest against a proposed government policy reform, or following a breakdown in bi­or tripartite negotiations about policy reform', Kelly and Hamann (2010b: 2) not only focused on the situations when social pacts are preceded by general strikes (shift in power balance) but also on the situations when general strikes are preceded by social pacts (including pact failures). However, a third possibility may be considered, i.e. when social pacts are concomitant with general strikes, which might challenge the legitimacy of pacts and their effective implementation, a situation that might occur when one of the trade union confederations does not sign a pact and mobilizes workers against it.
Kelly and Hamman (2010b) stress that union exclusion from government policy-making is strongly associated with a variety of union protests, including general strikes. They highlight that centre or leftist governing parties are more likely to engage in social pacts than conservative parties, presumably because of their traditionally stronger ties to trade unions, and that general strikes are less likely to occur under socialist governments. Trade union strategies may also favour social pacts or general strikes, a choice that challenges their identity as labour market actors, class actors and societal actors (Hyman, 2001, 2007). Although strategies tend to be path-dependent, in particularly critical contexts reorientations can occur (Hyman, 2001, 2007; Visser, 1996), also because actors' strategic preferences in the interactive games they
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play are context-related (Avdagic et al., 2005, 2011). In these terms, instead of the polarized notion of 'boxing or dancing' (Huzzard et al.,
2004) one can observe in critical times a tendency to develop more mixed strategies of 'boxing and dancing'.
Against this background we explore developments in Portugal and Spain with reference to the impact of the international crisis of 2007­2010 with a focus on the choices of governments and trade union responses. These two countries are particularly interesting in this context, because in this period they shared the following features:
• a particularly critical situation in relation to the international
crisis and the EU response to the crisis;
• socialist governments were in power over the period;
• governments launched radical austerity plans;
• trade unions held general strikes against governments' austerity
plans; and
• governments launched pact offers and pacts were concluded.
The legacy of social pacts and general strikes prior to the international crisis - dancing and boxing
It is not our intention to provide detailed analyses of the evolution of social pacts and general strikes in the two countries. Instead, we highlight the relevant developments that contribute to a better understanding of the actors' strategies and actions during the present crisis, and the similarities and differences between the two countries.
Social pacts emerged earlier in Spain than in Portugal, reflecting marked differences in the transition to democracy in Portugal and in Spain: between the Portuguese revolution of 1974 and the Spanish smoother transition to democracy, where social partnership played a central role. Industrial relations in the two countries have some similarities regarding the peak trade union actors at national level. Both countries present a dual confederal structure on the side of labour, in Portugal with the General Confederation of Portuguese Workers (CGTP) and the General Workers' Union (UGT) and in Spain with the Trade Union Confederation of Workers' Committees (CCOO) and the General Workers' Union (UGT), whose emergence was linked with the division along ideological lines. CGTP and CCOO were under the influence of the Portuguese and Spanish Communist parties
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respectively, while the Portuguese and Spanish UGT were under the influence of the socialist parties. But CGTP and CCOO followed different paths, as did the Portuguese UGT and the Spanish UGT, in connection with the political and industrial relations changes in each country. Over the years CGTP and the Portuguese UGT remained more linked to their initial ideological references than CCOO and UGT in Spain (Barreto and Naumann, 1998; Campos Lima and Naumann, 1997, 2000, 2011; Pérez, 2010; Royo, 2002).
On the side of employers there is a clear contrast between Portugal and Spain. In Spain employers' organizations are unified in the national employers' confederation (CEOE) which, together with the Spanish Confederation of Small- and Medium-Sized Enterprises (CEPYME), has the status of national representatives of employers. In Portugal the organizational picture is more fragmented, in so far as four confederations represent the employers: the Confederation of Portuguese Industry (CIP); the Portuguese Trade and Services Confederation (CCP); the Portuguese Confederation of Agriculture (CAP); and the Portuguese Confederation of Tourism (CTP).
Between 1979 and 1985, 58.8 percent of salaried workers in Portugal were union members (Royo. 2002) while in Spain, in 1980, only 8.3 percent of salaried workers were union members (Waddington,
2005). In the 1990s, there was a clear decline in union density in Portugal, while Spain was one of the few countries where union density increased. In 1999 trade union density was some 22.4 percent in Portugal and some 16 percent in Spain. Density has remained more or less stable over the last decade (OECD, 2011). While in Spain the evolution of CCOO and UGT membership resulted in a balanced position of the two confederations, in Portugal that evolution led to the clear predominance of CGTP in relation to UGT (Campos Lima and Naumann, 2011; Carley, 2004; Waddington, 2005). Despite the low trade union density rates in both countries trade unions have over the years showed considerable capacity for mobilizing both union members and non members. Furthermore, via the overall efficiency of the erga omnes system, collective agreements are extended to cover all workers, which represents a 'gain in representativity'. In Spain, this has been underpinned by the trade union electoral system (representation in works
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