EI Research Network Meeting Brussels, April 10th 2013

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;

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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

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Country Selection/ Report ProgressCountry Selection/ Report Progress 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

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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

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Ideological dividesIn countries where fiscal austerity measures

introduced EI affiliates share a very similar perspective:pro-market, neo-liberal political ideology key

factor in driving the cutsfinancial constraint largely used as a

convenient justificationcentral part of the government agenda to

undermine trade union rights

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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

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Freedom of AssociationMost 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 FijiSome 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)

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Collective bargainingGenuine 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

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Collective bargaining- 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.

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Collective bargaining: A few gainsBrazil: 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

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Quality education for all:collaborative approaches through social dialogueGhana : 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;

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Poland: National Minimum Wage Guarantee Scheme2009: 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;

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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)

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Union strategiesA shared commitment to social dialogue and quality

education for allBrazil: key strategy Workers’ Party government open

channels of dialogue with civil society. 2007 National Conference of Basic Education2009 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.

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Ideas going forwardHuman 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.

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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:

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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:

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Possible regional plansFacilitate 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);

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International strategiesInformation 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.

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