Facing the Key Challenges of the Directive

Damian ThomasPresentation to the CISC Conference

7th March 2003

Overview

• The Irish Social Partnership Experiment

• Enterprise Level Partnership

• The NCPP

• Industrial Relations Context

• Transposing Directives –

• Facing the Challenges

• Reframing and Repositioning the Debate

The Irish Social Partnership 1987-2002

• PNR (1987-90) a consensus-based integrated response to protracted economic, fiscal and political crisis

• Macro-level economic and social concertation

• Aligned the actors to a consistent and coherent consensus based strategy premised on credible non-accommodating macro-economic framework, income distribution and structural adjustment

• Institutionalised politically

• Dense and overlapping institutional networks

• Widening– participants / policy domains / policy functions and objectives

• Evolving system of negotiated governance - contingent, vacillating and bargained ‘authority’

Enterprise Level Partnership

• PESP and PCW contained aspirational commitments to worker participation and employee involvement

• ICTU adopted a proactive approach to workplace change and new forms of working

• ‘partners at the centre pariahs at the workplace”

• Chapter 9 P2000 – workplace partnership identified as a strategic priority

• Chapter 10 – modernisation of the public service through partnership

• National Centre for Partnership (1997)

• Reaffirmed in PPF – National Centre for Partnership and Performance established June 2001

Chapter 9 – P2000

“Partnership is an active relationship based on the recognition of a common interest to secure competitiveness, viability and prosperity of the enterprise. It involves continuing improvement in quality and efficiency and the acceptance by employers of employees as stakeholders with rights and interests to be considered in the context of major decisions affecting their employment. Partnership involves the common ownership of the resolution of challenges involving the direct participation of employee/representatives and an investment in their training, development and working environment (P2000, 1996, p.62)

• Voluntarist – no quid pro quo relationship between national and workplace partnership

• Highly generalised definition –strength and weakness

• Variable geometry of support between the social partners (within also)

• Chpt 9 – provided a clear public policy presence

• Established a supportive institutional framework and basis for exerting associational persuasion

• ‘Space’ for key actors to promote new ways of doing business at the workplace

• Incrementally influencing the customs, norms and conventions that shape IR practices in Ireland

Enterprise Partnership – the evolving context

• Limited incidence of highly sophisticated, formalised partnership models (UCD, SIPTU database)

• Important exemplars of good practice - platform to build on (SIPTU)

• National level social partnership has not resulted in a radical and fundamental regime shift in ‘IR’ / ER

• Considerable diffusion of new and innovative working practices and experimentation with new employment relationships/arrangements

• Gradual but discernible drift toward more co-operative employment relations; partnership-style arrangements

• Action-orienated: multiple models / highly customised /

National Centre for Partnership and Performance

• State sponsored research and advisory body• Set up under aegis of PPF and role

reaffirmed in ‘Sustaining Progress’ • Support the deepening of partnership and

performance at the workplace • Realign partnership with national policy

objectives• Organisational change through partnership-

style initiatives

- enhances performance

- facilitates flexibility and adaptability

- fosters innovation and learning

- delivers mutual gains

Initiatives and Activities

• Developing case studies of good practice • Developing tools to assist organisations manage

change • Developing networks to mainstream high

performance• Creating a vision of high performing workplaces

- Forum on the Workplace of the Future

- Guidelines on Employee Financial Involvement

- Research and Review activity

- Project on Information and Consultation Directive

Industrial Relations Context

• National level Social Partnership –associational support for ‘partnership style’ arrangements

• Voluntarist • Low levels of overt industrial conflict• Diversity

- intra-regime fragmentation

- scope to craft and customise model of choice

- diverse and hybrid models (cherry picking / pragmatic eclecticism )

- declining union density

- public / private dichotomy

Industrial Relations Context

• Experimentation and Co-operation

- diffusion of new and innovative working practices and forms of work organisation

- increased functional flexibility and co-operation with change

- increased direct and indirect participation / involvement

• Institutional and Statutory (Re)Regulation

- Employment and Social Law progressed –enhanced regulation of individual rights

- more robust set of institutional arrangements –

- gaps in institutional coverage

Transposing EU Directives • Submissions from the Social Partners

• DETE - options document circulated and initiate Tripartite Discussions (ICTU & IBEC)

• Parallel Bipartite Discussions

• Recommendations to the Minister - Legislative Process - Drafting Phase

• Introduced in the Dáil (Stage 1) & Second Stage Debate on the principles of the Bill

• Select Committee on Enterprise and Small Business (Stage 3): ICTU / IBEC lobbying - opposition amendments: Report (4) and Final Stages (5)

• Seanad (Similar Stages)- social partners may re-enter amendments

• Bilateral Discussions

• Final Bill - Act

Facing the Challenges

• Government: align ICD with key policy objectives– securing competitiveness

– capacity to attract FDI -moving upstream

– high levels of employment

– maintain national level social partnership

– labour market peace

– Industrial Policy Agencies - address client companies uncertainty - link ICD to emphasis on upstream activity

The Social Partners’ Challenges

• ICTU & IBEC - divergent positions on the ICD - consensus position not easy

• ICTU - emphasis on its capacity to establish statutory based employee representation within Irish companies -

• IBEC -regulatory framework should not impinge on flexibility and competitiveness -not de facto TU recognition

• Managing the dynamic relationship between interest group lobbying, traditional bargaining,effective consultation and consensus building

Embracing the Challenges – Reframing and Repositioning the Debate

• State - take the policy lead

• Social Partners - intensive inter and intra associational deliberation

• Avoid debate being dominated by worst case or best case scenarios

• Address uncertainty and recognise mutual concerns

• Bilateral Discussions and Tripartite Negotiations

• Generalised Framework Exists - problem-solving deliberation-

• Intensive consultation on how to implement it ?

• Avoid lowest common denominator compromise

• Appropriate, viable and reflects reality

• Diversity / Co-operation / Experimentation / Relative Peace and Regulation

• Identify the range of practical arrangements that facilitate compliance with the spirit of the Directive

• Rally and Authorise support

• Emphasis on the potential gains generated by more effective management of information and consultation rights

• Companies with higher levels of involvement are more competitive

• Stronger regulatory environment and intra-organisational adaptability and enhanced performance are not mutually exclusive

• Enhancing organisation’s strategic capacity – strategic & operational areas (

• Strategy & Effective Management of Change

• Fostering innovation and learning

• More participatory decision making – linking those with expertise/experience to problem solving

• Making better informed decisions

• Open method co-ordination - shared learning and emulation of good practice

• Social Partners/Civil Servants –tacit skills, perceptions, strategies and experience

• Reposition the effective management of Information and Consultation rights – should be doing (benefits) rather than have to do (regulatory)

“In the past, I waited for plans to be passed down from management; then analysed and responded and usually fairly negatively; now I consult with my members, synthesise views and suggest changes and ideas to management to improve the original plans”

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