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Feature: European Works Councils (4)

Cautious optimism from the ETUC
By Jacky DELORME

Willy Buschak, confederal secretary at the European Trade Union Confederation, believes the European Works Councils provide new opportunities for worker solidarity.

Brussels, September 10 1998 (ICFTU OnLine): · After the satisfaction of finally reaching an agreement in 1994, isn’t the initial enthusiasm waning? Aren’t the EWC still far removed from the workers’ real concerns?

It all depends on how these works councils are set up. If, through their members, the workers are regularly kept informed, if they are consulted, if management listens to what is said in the EWC, if it takes that into account when it comes to taking decisions, then no, it is not something far removed, it is something that strengthens the position of workers locally. "What is your view? What should we do at the group level?" are questions never asked in many EWCs, it is true. And that’s when things don’t work.

But I am firmly optimistic. Of the 400 enterprises where a EWC exists on a voluntary basis according to article 13 of the directive, more than half the agreements were not negotiated until 1996. That means that most of the works councils have only had one or two meetings. We cannot expect miracles from such new structures. Experience shows that it takes several years to create an appropriate working atmosphere. There are also cultural differences to be overcome, which takes patience. At Volkswagen, for example, there is follow-up between meetings. Spanish workers went to the Wolfsburg headquarters to see how their German colleagues work. Rather than just reading a communiqué, they need to gain an understanding of day to day reality, to find out what German trade unionism is so that they can understand each other better.

· What would you say to those who see the European Works Councils as just another layer of bureaucracy?

Before the directive was adopted, the employers didn’t want European works councils, they claimed there was no need, that information and consultation already existed. Under employer pressure, an alternative was introduced into the directive: the possibility of setting up an information procedure other than an EWC, which would not require meetings. And what do we see today? 450 agreements have been signed, and these procedures are non-existent. In each case proper structures for workers’ representatives to meet have been set up.

The works councils have made communication easier, even for local management. Interestingly, there is one case, admittedly not a representative one, where it was only thanks to the creation of the works council that the management of a big multinational gained a full and realistic view of what the group represents and all its ramifications. Before that, those people really didn’t know where their money was coming from!

l Isn’t there a risk that this new level of solidarity will be developed at the expense of the rest of the world?

Trade union work within the EWCs must be seen from a broader perspective. These are global information and consultation instruments for all the workers of a group. But to be operational at a broader level, these works councils must first of all operate at all the intermediate stages (European, regional, national, local) and communication must be perfect, otherwise the EWCs are useless. At the present time, there are only two world committees, but other practices have developed heading in the same direction. At Danone, for example, representatives from other continents are invited. Furthermore, of the 450 EWCs, 60 have members or invite colleagues from Central and Eastern Europe. We must not try to run before we can walk, the possibility is there, but we realise that for now it is difficult enough at the European level.

· With the prospect of a re-examination of the directive in a few months time, what would you like to change?

Above all, the concept of information and consultation must be strengthened. The directive asks that the workers’ point of view be listened to and taken into account in the decisions of the management. We thought - and governments agreed with us on this - that workers’ representatives could intervene in decisions that are still open. Vilvorde showed us just how badly hopes can be dashed. Apart from Renault’s Belgian factory, there are many other less spectacular cases where management representatives arrive at the European Works Council and present them with a fait accompli. The EWCs were not created to rubber stamp decisions taken elsewhere, nor are they just a public relations exercise.

Secondly, it is hard to understand why at an enterprise which has six times 150 employees there should be less information and consultation rights than at another employing twice 500 employees. The threshold of 1,000 workers is arbitrary, and should be brought down, particularly in the present situation where so many enterprises are sub-dividing and relocating.

Thirdly, during the negotiating process, the right to consult experts is recognised. But who are these experts? In practice, the role of the European federations affiliated to the ETUC is essential, they coordinate nearly everything. This should be stated in the directive.

For the rest, the right to exclude certain sectors (the merchant navy and the media) from the directive’s scope of application makes no sense and should be removed.

· And the right of enterprises not to divulge certain information deemed too important, isn’t that just a little too convenient?

"...According to objective criteria" it says, in article eight of the directive. But it should be possible to lodge a legal appeal. We will assess whether this proviso is sufficient. In any event, it means central management does not have a blank cheque. Again, there must be real dialogue. We have to be able to say : "listen, we have the impression that you are abusing your rights, we have the right to know". On the other hand, if it is a question of confidentiality, that has to be respected.


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