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The EMF Company Policy Committee Principles and goals

The EMF Company Policy Committee Principles and goals. EMF Coordinators seminar Luc TRIANGLE Company Policy Committee European Metalworkers’ Federation. EMF Company Policy: main goals. Defend the interests of employees in MNC Give them the tools to deal with transnational

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The EMF Company Policy Committee Principles and goals

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  1. The EMF Company Policy Committee Principles and goals • EMF Coordinators seminar • Luc TRIANGLE • Company Policy Committee • European Metalworkers’ Federation Bad Hofgastein, 27 - 29 November 2009

  2. EMF Company Policy: main goals • Defend the interests of employees in MNC • Give them the tools to deal with transnational • strategies of MNC • Coordinate national trade union strategies • Develop common positions and common • policies • From EMF EWC Task Force (1994) to EMF Company policy Committee (2003) Bad Hofgastein, 27 - 29 November 2009

  3. The start / evolutionof Company Policy coordination • 80’s – early 90’s : trade union coordination in some TNC’s : Philips, Alcatel, Siemens, Alsthom,… • First informal EWC’s : Thomson, SKF, … (80’s) • EWC Directive 1994 • Establishment EWC Task Force 1994 (till 2003) : quick response, English, costs paid by trade unions, high participation • EMF Company Policy Committee 2003 : more then EWCs, political committee Bad Hofgastein, 27 - 29 November 2009

  4. EMF Company Policy: key actors - Affiliated organisations - EWC - Employee representatives in company decision-making bodies - EMF coordinators - Company policy committee and EMF Secretariat Bad Hofgastein, 27 - 29 November 2009

  5. EMF Company Policy: core activities • European Works Councils (1994) • - Binding guidelines (1996/2001) • - Revision of the EWC Directive (2009) • EMF coordinators for EWC (2000) • The SE and workers’ involvement (2001) • How to deal with transnational (2005) • restructuring: the EMF way • Transnational negotiations at company • level (2006) Bad Hofgastein, 27 - 29 November 2009

  6. Information & consultation of workers is a high priority at European level: Workers’ involvement is a common feature in European Countries Transnational Social Dialogue Internal Market Internationalisation of economies and companies Demand for more than 25 years First experiences : 80’s (Thomson, VW, Renault, SKF, ...) Directive 94/45 approved on 22.09.1994 Scope: the European Economic Area (EEA) EWC : European trade union work at company level Information and consultation at EU level: the EWC directive Bad Hofgastein, 27 - 29 November 2009

  7. European approach instead of national approach Pro-active approach: initiate negotiations Strong coordination - binding guidelines through the negotiation process (minimum rights guaranteed) - EMF expert present at negotiations - Task Force / Company Policy Committee Information and consultation at EU level: the EWC directive – EMF Policies Bad Hofgastein, 27 - 29 November 2009

  8. EWC: State of Play • 800 agreements – 348 in the metal (63 obsolete) • > 60% of the workforce in MNC • 60 ongoing negotiations + renegotiations • 01.04.2004 + 01.01.2007: make EU enlargement a reality for EWCs • .EWC concerned in the metal sector: 160 • .All EWC enlarged but not all seats taken Bad Hofgastein, 27 - 29 November 2009

  9. EWC agreements: EMF Binding Guidelines • The EWC agreement: the basis • See EMB websitehttp://www.emf-fem.org/Areas-of-work/Company-Policy/European-Works-Councils/EMF-guidelines-in-EWC-negotiations • Information and consultationrights • Exceptional circumstances : what is the role • of the EWC ? (Vilvoorde court case) • role of the select committee and facilities • role of the expert and coordinator • translation • Integration of CEE Countries • control on agenda, minutes and process • training • Communication Bad Hofgastein, 27 - 29 November 2009

  10. The role of EWC and practice • Information and consultation • Role in case of restructuring / exceptional circumstances • EWC is about transnational and strategic issues • Role and challenges for employees representatives: understand strategic information, develop a European approach, act as one group (get to know each other), develop communication, report back Bad Hofgastein, 27 - 29 November 2009

  11. The role of EWC and practice • Differences in social dialogue create different expectations and misunderstandings • Non union members ? • Role of management • The Recast (revision ?) of the EWC Directive : new opportunities ? Bad Hofgastein, 27 - 29 November 2009

  12. Composition of body only mix Bad Hofgastein, 27 - 29 November 2009

  13. Revision of the EWC Directive • Finally changes in the Directive 1994 !!! • New rules… in establishing new EWCs • Responsibility of local management in information to give • SNB setting up • Information to European social partners • Role for trade unions where wished by SNB • Before that : • Window of 2 years to conclude new agreements or revise existing agreements establishing EWCs : the new rules will not apply to those companies. Bad Hofgastein, 27 - 29 November 2009

  14. New rules… in the operation of EWCs Principle of effectiveness… Definition of information and consultation Transnational competence Link national / European Adaption clauses and procedure in case changes in make – up Collective representation, training, report back of employee representatives Revision of the EWC Directive Bad Hofgastein, 27 - 29 November 2009

  15. No changes… in the legal framework for…. The scope (thresholds, control) The priority given to negotiation at company level Companies with present art 13 agreements, except for the adaptation clause Companies concluding or revising agreements in the 2 y implementation period, except for the adaptation clause Revision of the EWC Directive Bad Hofgastein, 27 - 29 November 2009

  16. EMF EWC Coordinators From 2000 onwards : also focus onexisting EWC agreements See EMF website :http://www.emf-fem.org/Areas-of-work/Company-Policy/European-Works-Councils/EMF-resolution-on-the-role-of-EMF-coordinators Objective : EWCsshouldbecomerealEuropeaninformation and consultationbodies, withtradeunion (EMF) influence, support and guidance How? Bydesignatingan EMF Coordinatorforeveryexisting EWC Bad Hofgastein, 27 - 29 November 2009

  17. EMF EWC Coordinators: their role • Must know what happens in his/her EWC • First contact for other unions • Support and guide for EWC members • Give a TU persepctive • Safeguard the general interest of European workers • Promote EMF policies towards existing EWCs, CB, IP • Role in exceptional circumstances • Link between EWC(members) and EMF Bad Hofgastein, 27 - 29 November 2009

  18. Profile: Good understanding of EMF activities and political views Preferably a trade union officer Designation: Preferably from the country of the headquater Nomination endorsed by the Executive Committee Expert clause = EMF coordinator EMF EWC Coordinators Bad Hofgastein, 27 - 29 November 2009

  19. EMF EWC Coordinators • A positive evaluation: • One (EMF) approach towards existing EWCs • Relay and contact point for EMF activities (sectors) • EMF Ambassadors in the existing EWCs and for the 5000 to 6000 individual members • Role accepted • An increased role in restructuring case • Practical functioning varies • A STRONG POLITICAL SIGNAL ! Bad Hofgastein, 27 - 29 November 2009

  20. EMF EWC Coordinators • Support EMF EWC coordinators • A role for the EMF: • Support and promote EMF coordinators on a day to day basis • Training • Continuous flow of information on EMF decisions, opinions and activities • A role for national trade union organisations Bad Hofgastein, 27 - 29 November 2009

  21. ●Societas Europaea: a company based on European law: regulation and directive But also partly national laws Information & consultation But also high level of workers’ involvement through participation The SE and workers’ involvement Bad Hofgastein, 27 - 29 November 2009

  22. Representation on board of directors or Représentation au Vertretung im conseil supervisory board Aufsichts- / Verwaltungsrat d'administration ou de surveillance Bad Hofgastein, 27 - 29 November 2009

  23. public Bad Hofgastein, 27 - 29 November 2009

  24. European approach instead of national approach Strong coordination - binding guidelines through the negotiation process (minimum rights guaranteed) - EMF expert - Company policy Committee and affiliates concerned The SE: the EMF strategy Bad Hofgastein, 27 - 29 November 2009

  25. Guidelines on procedure and content (adopted by the Executive Committee in June 2003) Many references to the EWC Guidelines Additional aspects: - Participation: no opt-out - Selection of employee board members = A European mandate (EMF & affiliates) - Choice of the EMF expert to assist the SNB - Working structure with involvement of all actors - Better recognition of trade unions - Financial regulation The SE: the EMF strategy Bad Hofgastein, 27 - 29 November 2009

  26. Change = A permanent feature EMF position: ensure socially responsible restructuring National solutions are not sufficient any more Pressure from the employers to play off workers against each other  Only one response = a European response via coordinated and common strategies + secured trade union and workers unity To ensure socially responsible management of restructuring Increasing number of company cases (GME, Electrolux, Arcelor…) – learning from experiences How to deal with transnational restructuring: the EMF way Bad Hofgastein, 27 - 29 November 2009

  27. How to deal with transnational restructuring: the EMF way • The principles: • Complementary between EWC and TU: • Anticipation and full transparency of information • Information/consultation at European level • European trade union coordination • European platform (industrial and social aspects) • European framework agreement (solutions acceptable • for all) • European mobilisation (in line with national practise) Bad Hofgastein, 27 - 29 November 2009

  28. How to deal with transnational restructuring: the EMF way • EMF Handbookon how to deal with transnational companyrestructuring • Seewebsite :http://www.emf-fem.org/Areas-of-work/Company-Policy/Restructuring/EMF-Handbook-on-how-to-deal-with-transnational-company-restructuring • The EMF approach on Transnational Restructuring • Categoriesof European lawrelatedtocompanyrestructuring • Directives on information and consultation • Social Directives • Economic Directives and Regulations • The EU Merger Control Regulation • Legal ProceduresAndEWC´s • National Tools fordealingwithRestructuring Bad Hofgastein, 27 - 29 November 2009

  29. Conclusions • Pro-active approach: Anticipation of change: • Improved social dialogue to limit negative impact on employment • Anticipation of skills needs • Promote life-long-learning • Promote positive mobility • Challenges: • ● Strengthen the European solidarity • ● Need to find common answers and common interests • ● Express ourselves with one voice Bad Hofgastein, 27 - 29 November 2009

  30. ●Increasing number of texts discussed or negotiated at European level in MNC (EWCs) CSR, restructuring issues, IFAs … Negotiations are trade union business. EWC cannot do all at European company level Ensure trade union involvement (tucg) Close cooperation with EWC Ensure positive development of SD: Improvement of working conditions Towards harmonisation European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  31. EMF practice becomes policy (Ex Com June 2006) Internal procedure for negotiations at MNO level Valid for all negotiations (outcome is signed agreement) Not limited to collective bargaining > also restructuring European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  32. Step 1 information & start Written information to all trade unions (members of EMF) represented in MNC Step 2 mandate for negotiations Mandate on case by case (no topic outline in internal procedure): trade unions decide. Mandate paper (what, outline, composition small and large negotiating (consultation) group, procedure, …) Mandatory for composition neg. group, mandatory for inclusion external EMF representative European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  33. Step 2 mandate for negotiations Mandate given by trade unions involved (members) Preferably unanimous If not then with 2/3 majority in each country (following own practices and traditions: e.g.: Scandinavia on basis of membership figures, France on basis of mandates in company) One country can block decision to start negotiations unless they represent maximum 5% of employment in company Mandate is verified by EMF Secretariat on compliance with EMF policy guidelines. European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  34. Step 3 Continuous general information Secretariat informs Executive Committee and the relevant Policy Committees (mainly Collective Bargaining and Company Policy, could include Industrial Policy Committee) Step 4 Consultation & Decision Small group consults with complete negotiating / consultation team Draft agreement is approved by trade unions involved Decision with 2/3 majority in each country (following own practices and traditions) One country (whatever size of employment they represent) can block decision sign agreement European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  35. Step 5 Signing and implementation of the agreement Agreement is signed by the GS, the DGS or another person specifically mandated by them All trade union involved shall implement the reached agreement in accordance to their national practices The signature on the agreement is valid for those trade unions at that moment represented in the company. (Mergers or acquisitions have to be renegotiated) Step 6 Final Information Full information on the agreement and the signing shall be given to the executive committee and all relevant policy committees European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  36. COMMISSION INITIATIVE ON TRANSNATIONAL SYSTEM OF COLLECTIVE AGREEMENTS Commission wish to create legal framework for European agreements at company level Based on obstruction employers: put on small fire > long term → IMPORTANCE TO SHOW THE CORRECT WAY European company level negotiations Bad Hofgastein, 27 - 29 November 2009

  37. First experiences: Areva Schneider ArcelorMittal ABB Thales Evaluation of the procedure: EMF EXEC COM June 2008 European company level negotiations Bad Hofgastein, 27 - 29 November 2009

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