EI Study on Trends in Freedom of Association and Collective Bargaining since the Financial Crisis Presentation b

1. EI StudyonTrends in Freedom of Association and CollectiveBargainingsincetheFinancial CrisisPresentation by Nora Wintour EI Research Network Meeting Brussels, April 10th 2013

2. Purpose of Study • Examine trends in freedom of association and collective bargaining in selected countries, both those affected by the crisis and those still enjoying stable growth; • General overview of extent to which teachers are allowed to form and join trade unions; • Framework and scope of collective bargaining; • Seeks to identify and explain changes that have taken place since 2008; • Identifies a few cases of good practice in relation to strengthened social dialogue; • Types of strategies used by unions to defend and promote collective bargaining;

3. Methodology • Based on a questionnaire sent to EI members in selected countries; • Supplemented by individual interviews with key union leaders or officers; • First draft of text referred back to unions for review and additions; • Background information from ILO CEACR and CFA and other ILO reports; NATLEX and CEART; EIRO; OECD; • ITUC Annual Survey and EI Barometer

4. Country Selection/ ReportProgress • Selection carried out by EI regional and HQ staff; • Middle East and North Africa not included at this stage; • On-going study : Interim reports compiled from: • Africa: Ghana, Uganda, Swaziland • Asia/Pacific: Australia, Fiji, Japan; • Europe: Germany, Hungary, Poland, Spain, Sweden; • Americas: Brazil, Canada, USA Feedback pending on 1st draft: • Japan, Germany, Hungary, Poland, USA Pending studies: • Africa: Senegal • Europe: Greece; Bulgaria, UK • Americas: Colombia • Completion date: end April 2013

5. Integrated rights • EI’s and affiliates policy that exercise of fundamental rights at work is integral to achievement of quality education for all; • In practice, wide variations on : • employment status of teachers • right to associate and bargain collectively; • right to strike; ILO General Survey Report (to be discussed at ILC 2013) : “global tendency towards widespread bipartite consultation and marked expansion in right to bargain collectively in public administration in Europe and Latin America, large number of African countries and a number of countries in Asia and Oceania” Para 581

6. Ideological divides • In countries where fiscal austerity measures introduced EI affiliates share a very similar perspective: • pro-market, neo-liberal political ideology key factor in driving the cuts • financial constraint largely used as a convenient justification • central part of the government agenda to undermine trade union rights

7. Status of teachers • Most EI affiliates do not identify any changes in the legal status of teachers* • In practice however affiliates all report (1) Considerable increase in use of short-term, interim or fixed-term contracts – effectively disguise permanent nature of employment; • Many are excluded from general terms and conditions of permanent workforce • Dual impact: • (a) on quality and continuity of education service • (b) undermine the representativity of trade unions • –workers on temporary contracts more likely to be dissuaded from union engagement; more vulnerable to acts of anti-union discrimination through non-renewal of contracts; (2) Trend towards privatisation of basic education in some countries and degradation of working conditions : “commoditisation” of employer-employee relation

8. Freedom of Association • Most countries report little change – nearly all countries grant freedom of association to teachers including those with civil service status at all levels • Some dramatic exceptions – Swaziland and Fiji • Some exceptions for senior academics, part-time academics in public colleges (Ontario) and post-secondary academic staff (Alberta) • Severe restrictions on collective bargaining have impacted right to freedom of association (Spain) • Proliferation of new unions as result of reforms to labour code (Ghana, Swaziland) • Short-term or fixed term contracts undermine long-term representativeness and privatisation (Poland, Hungary); • Challenges recruiting new generation (Sweden) • Drastic cuts trade union facilities and leave entitlements (Spain) • State interference in trade union elections (Brazil Minas Gerais)

9. Collective bargaining • Genuine collective bargaining * not common (only Sweden in this study) • Most countries teachers as public employees covered by special legislative provisions – combination of government determination and consultations or negotiations. Often two or three –tier system National/Federal, State or Provincial level, and municipal or school district level • Articulation and coordination between different levels a challenge • Evolving and shifting situations –law and practice often very different; constant, gruelling engagement

10. Collectivebargaining- substantive restrictions since financial crisis • (1)Outright revocation of existing agreements; • (2) Government imposed wage settlements or freezes; • (3) Legislation to prohibit strike action and impose mandatory negotiations with zero impact outcome; • (4) Adoption of new government powers to suspend or modify existing collective agreements in part or in entirety with no obligation to refer matter to arbitration or other body; • (5) New legislation to prohibit collective bargaining for public sector, including teachers; • (6) Weakening of role of tripartite consultative bodies.

11. Collective bargaining: A few gains • Brazil: ILO Convention 151 ratified in 2010 : • Provides for first time for the right to collective bargaining in the public sector; • However government has not yet drawn up a Bill to regulate collective bargaining – a situation of legal “limbo” creating considerable obstacles particularly in States with conservative governments; • Uganda:2008 Public Service Act and Public negotiation and Disputes Settlement Act adopted • Sets up a National Consultative and Negotiation Council with mandate to negotiate conditions of employment for first time; • However, unions needed to lobby, take industrial action and mobilise consistently in order to get the council to be established. • Two preliminary meetings in 2012 but no substantive discussions

12. Quality education for all:collaborative approaches through social dialogue • Ghana : Single Spine Salary System: • Aim to enhance level of objectivity in salary administration; ensure public sector a profession of choice; • Fair Wages and Salaries Commission to coordinate process • EI affiliates participated actively in committees and working sessions to design system for placement of teachers on new salary scale; • Series of stakeholder meetings (union leaders & education authorities;) • Governments other West African states interested –important that public sector unions consulted from outset; • Reservations –extent to which system addresses gender bias in job evaluation systems (ILO observation) & series of implementation and technical problems; backtracking on some commitments (particularly retention premiums for teachers) – recently unions declare will take industrial action;

13. Poland: National Minimum Wage Guarantee Scheme • 2009: Unions concluded the wage guarantee scheme with National Ministry of Education; • Unions negotiated a minimum salary for each category as a percentage over and above national base salary; • Ministry calculates the average salary of a teacher in each category and teachers below the national average are compensated; • System considered a major victory as low level of salaries for teachers compared to equivalent professions a major issue;

14. Union strategies • Conservative governments – seek to create fear and resentment of public sector workers and gain public support for weakening labour laws generally: • Canada: Unions have countered by seeking to build broad-based alliances to “promote voice of teachers” and to link labour rights with quality education; • “We are Ohio” Campaign USA AFT and NEA key players in coalition • Needed to collect over 230,000 signatures in 90 days for referendum and block legislation to prohibit collective bargaining. • State-wide People’s Petition collected million signatures to hold referendum • Resounding defeat for bill with exceptionally high voter turnout with 68%-32% majority against (November 2011)

15. Union strategies • A shared commitment to social dialogue and quality education for all • Brazil: key strategy Workers’ Party government open channels of dialogue with civil society. • 2007 National Conference of Basic Education • 2009 National Conference on Technical-Professional Education • 2010 National Conference on Education (CONAE). • National Conference preceded by Municipal, regional and State level conferences. • Conferences are discussion forums to influence and guide public policies with key participation from teachers’ unions • 10-year National Education Plan, currently in Senate, reflects proposals from Conferences, including proposal to earmark 10% of GDP to public education.

16. Ideas going forward • Human rights approach: Situate freedom of association and collective bargaining with a human rights framework; • Visibly integrate collective bargaining rights in campaigns for quality education for all; • National strategies:* • produce accessible materials explaining current national legislative framework and consultation/bargaining system; where appropriate, develop a few key demands to strengthen current system, possibly through training or consultative forums.

17. National strategies: cont../.. • Web-based information on current terms & conditions employment and collective agreements; keep members informed of bargaining outcomes on regular basis; • Strengthen bi-partite mechanisms to promote collective bargaining with joint bargaining forums at national, Provincial/State or local level; • Seek to broaden collective bargaining agenda: • Limitations on use of precarious work or service contracts; • Participation in design of overall consultation or bargaining framework and dispute settlement mechanisms; • Union –management consultation mechanisms in overall planning and operations at school or other levels:

18. National strategies: cont../.. • Measures to promote equality; prevent discrimination & harassment, reconciliation of work & family life and support victims of domestic violence; • Training and human resources; occupational health and safety; environmental sustainability; • Partnership for quality education with guaranteed levels of funding based on a proportion of GDP linking delivery of quality education with strong collective bargaining and social dialogue mechanisms; • Recall ILO recommendation during times of exceptional economic circumstances *and where appropriate advocate for ratification of ILO Conventions 87 and 98 and 151 and 154:

19. Possible regional plans • Facilitate sub-regional meetings to develop materials and share strategies; • Organise study tour to Ghana to learn about process and of the SSSS & successes and challenges; • Invite interested trade unions in Latin America or PALOPS to participate in Brazilian process of social dialogue in education (CONAE);

20. International strategies • Information exchange facility on EI website; • Organise consultation prior to ILO Conference on the General Survey on collective bargaining in the public sector* • Anchor right to freedom of association and collective bargaining for teachers and public sector within post-2015 development agenda as integral to attainment of quality education and public services for all.