The Transposition of The Information and Consultation Directive A Trade Union Perspective Liam Berney Congress Industrial Officer NUI Galway Center for Innovation and Structural Change Conference Friday 7th March 2002

Some Background  30 Years of Endeavor  European Social Charter, Community Charter of Fundamental Social Right of Workers and The Charter of Fundamental Rights of the European Union all place strong emphasis on the right of workers to be consulted.  European Works Council Directive (1996)  European Company Statue 2001/86/EC - October 2004  Directive 2002 /14/ EC on the ‘Establishment of a General Framework For Informing And Consulting Employees In The European Community  To be implementation by March 2005

Employee Consultation - Some Interesting Research Findings  Research by Black and Lynch (1997) in 627 establishments in USA.  Measured impact on productivity against various inputs including sets of work practices.  Findings - unionisation combined with greater employee involvement delivers higher productivity than either of the following scenarios — unionisation with low involvement — non-unionisation with high involvement — non-unionisation with low involvement

Key Issues To Be Dealt With During Transposition  Requirement for an explicit assertion of the rights of workers to be represented for the purpose of collective consultation with their employer.  The definition of an undertaking.  What issues are employees entitled to be consulted about.  How transposition is to be managed.

Collective Representation  Directive refers throughout to ‘employees representatives’.  Importance of definition of representative.  Definition in Directive — Employee representatives means the employees representative provided for in national law or practices.  Definitions already in Irish Legislation with explicit role for Unions. — Protection of Young Persons in Employment Act 1996 — European Community’s Safeguarding of Employees Rights on Transfer of Undertakings (Amendment) Regulations — Transnational Information and Consultation of Employees Act, (Euro. Works Councils)1996.

Collective Representation (Cont..)  Choice of “employee representative”  Unionised companies — Union officials — Local workplace reps — Selection/election process?  Employment's where unions are not recognised — The right to be represented — Independent selection process

The Right to Be Represented  Explicit Right in — European Social Charter — European Convention on Human Rights  European Charter of Fundamental Social Rights — Article 21 — Article 27 — Article 28  European Convention on Human Rights Wilson (NUJ) and others v. The U. K. Judgement  European Convention - Reform of EU Treaty

What is an Undertaking?  Specific Thresholds laid down in directive.  Legislation should apply undertakings generally.  Legislation should also apply to dispersed employment's where more than 50 employees.  Save where a collective agreement confines the consultation to the undertaking as a whole.

Issues and Structure for Consultation  Issues — Recent and probable developments on activities and economic situation — The situation, structure and probable developments regarding employment and any “anticipatory measures envisaged” especially where there is a threat to employment — Decisions likely to lead to substantial changes in work organisation or contractual relations.  Structure — Consultation will take place in relation to the information provided, and related matters — Consultation should take place “while ensuring that the timing, method and content thereof are appropriate” — It should occur at the relevant level of management and employee representation depending on the subject — Employees representatives are entitled to formulate an opinion and have that issue the subject of consultation with the employer — Consultation should be with a view to reaching an agreement on decisions relating to the issues

Arrangements Based on an Agreement.  The Directive allows Member States to entrust management and labour to define, “through negotiated agreement” the practical arrangements for informing and consulting employees”.  Agreements can be at the national, sectoral or employment level.  These agreements may vary the nature and subject matter of the information process as defined in Article 4 of the Directive.  Agreement between IBEC and Congress.