1. ETUI-industriAll Summer College European Works Councils and Transnational Company Agreements ETUI-industriAll Collective Bargaining & Company Policy Summer College Sesimbra / Portugal, 11 September 2013 Dr. Torsten Müller European Trade Union Institute - ETUI

2. Presentation based on......quantitative analysis of transnational company agreements in the metalworking industry; ● Objective: more comprehensive overview of developments in the metalworking sector going beyond qualitative analysis of well-known cases ● Method: telephone interviews with representatives of 82 EWCs (if possible with chair / deputy chair of EWC) ● German companies slightly overrepresented due to sampling method ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

3. Key findings  Publically accessible documentation of existing agreements is incomplete, but the number of unreported agreements is insufficient to cast doubt on the validity of the available data.  Importance of informal arrangements involving EWCs which lack the status of formally negotiated agreements (oral agreement, minutes of EWC meeting)  Key conclusions: (1) In practice, EWCs go beyond their formal information and consultation role more frequently than is realised by academics and policymakers; (2) regulation of IR and working conditions at European company level is promoted by more companies than was hitherto believed to be the case. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

4. Quantitative Development of TCAs. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

5. Transnational Agreements in Metalworking Industries ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013 15 IFAS only

6. Frequency of informal arrangements 1. Informal arrangements are an overlooked phenomenon: no empirical data so far. 1. In our sample of 82 EWCs we found 21 companies with informal arrangements: 26% 1. Overall spread of informal arrangements: 12- 15% of all EWCs in the metalworking sector ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

7. Subjects of formal agreements and informal arrangements ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

8. Country of origin: formal agreements Pronounced country-of-origin effect:  Formal agreements were predominantly concluded in companies whose global head office and European HQ is located in Germany and France.  Further countries: US, Netherlands and Switzerland ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

9. Location of head office: informal arrangements. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

10. Size of companies. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

11. (Co-)negotiators of formal agreements and informal arrangements. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

12. Reason for formal agreements and informal arrangements. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

13. Reasons for informal arrangements. ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

14. Why informal arrangements rather than formal agreements 1.) Refusal of management to formalise more  Most frequent obstacle  Opposition from company‘s non-European HQ  Fear of setting precedent for other companies  Cultural reasons: FR or UK, WC negotiations not seen as appropriate 2.) Little interest w/in EWC to formalise more (only 20%)  Subjects don‘t require further formalisation  EWC lacks experience and capacity to negotiate  Fear of jeopardising trust relationship with management  One country blocked formal negotiations 3.) Tradition of informal IR arrangements at company ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

15. Issues for discussion  What does this mean for relationship between EWCs and trade union?  What does this mean for application of industriAll’s procedure to deal with negotiations at European company level?  What does this mean with respect to the European Commission’s initiative to establish an optional framework for company-level negotiations ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013

16. Thank you very much for your attention!!! Dr. Torsten Müller European Trade Union Institute Bld. du Roi Albert II, 5 1210 Brussels Email: tmueller@etui.orgtmueller@etui.org ETUI-industriAll CB & CP Summer College, Sesimbra 10-12 September 2013 European Works Councils and TCAs