Legislation to support organising: could this renew the trade union movement?

Abstract

Legislation to support organising:could this renew the trade union movement? Gareth Murphy (bio) Unions are increasingly seeking institutional support as a tactic in their renewal efforts and a means of levelling the playing field for unions and workers in the context of the often-increasing power and ability of employers to avoid unions. Research suggests that institutional support from a State can positively help unions rebuild membership and increase density across the economy. Organising approaches can work best where institutional support is also present (Ibsen and Tapia, 2017). Likewise, where institutional supports are weakened this corresponds to reduced union density (Eurofound, 2010). Two, positive examples in particular stand out. One, is the 'Ghent' system of welfare payment linked to trade union membership and, two, is the right for union organisers to access workplaces and workers who are not represented by trade unions at their workplace. FSU Ireland is developing this latter demand and calling for workers 'right to join' as part of a suite of institutional reforms to support workers unionising, protect activists and negotiate with their employer especially in newer non-union parts of the economy. In the US, the Biden administration is attempting to progress with an important piece of 'right to organise' legislation the PRO (Protecting the Right to Organise) Act responding to increasing and high-profile employer, and State, opposition to union organising which this journal has previously covered. 'The 'Ghent system' originated in Ghent, Belgium, whereby the States social welfare payments for unemployment benefit are directed through trade unions as opposed to a government agency. This provides workers a significant incentive to join their union and has helped maintain relatively high union density, 52 percent, levels in Belgium and other countries with it (Vandaele, 2019). Although it has been noted that the weakening of this system in recent times has negatively affected union members1. A paper by Jens Lind in 2004 specifically notes the high union density rates in Denmark, Finland and Sweden are due to the Ghent system (Lind, 2004). This paper also quotes a 1992 survey in Denmark of why you are a union member and the most popular answer was to be a member of the unemployment benefit fund. The paper warns that reforms of the model will weaken the incentive to join and union density. Baccarro and colleagues in 2003 note a word of caution and that is that unions embedded most in the State with strong institutional supports have been slower to turn to 'organising' and this may weaken grassroots organisation. It is a reasonable concern that relying too heavily on state support can hollow out a union and leave it weakened and vulnerable to removal of those supports at a later point. And so, any sectoral bargaining model that does not provide for the right to join, organise and be recognised in workplaces should be considered very carefully for potentially negative long-term consequences. More recently in Iceland, and contrary to trends in weakening this model, the Government has introduced the 'Ghent system' and this has had a very positive affect on union members. Iceland's union membership has grown by close to 11 percent between 2010 and 2017 and a union density of 88 percent of the workforce and collective bargaining coverage of over 90 percent (Vandaele, 2019). Ireland has 'voluntarist' industrial relations, with no statutory recognition or collective bargaining laws at an enterprise level. There are some sectoral arrangements, but they have been weakened over decades A different form of institutional support is evident from the 2000's on in New Zealand where a new Employment Relations Act (and amendments in 2004) provide union organisers with the right of access to talk to and encourage non-member to join the union in workplaces where the union was not recognised. It has been noted that these changes, amongst other things, brought New Zealand union membership back from the brink of collapse and has contributed to a steady climb in membership, which has stagnated in more recent times (Gall, 2009). Membership grew each year up to 2006 with a total growth of 25 percent or 70,000 net increase. This change follows an earlier policy reform in...