Monday, June 28, 2021

Single union deals (1988)

From the June 1988 issue of the Socialist Standard

Ford's decision not to go ahead with a new plant in Dundee was based, so most of the media would have us believe, on the controversy that surrounded the single union deal they had agreed with the AEU. The guilty party we were told was the TGWU who opposed the deal. So here we have the unlikely picture presented to us of the big bad TGWU scaring off the little Ford corporation who only had the good intentions of "creating employment" in the Dundee area. Of course the more likely truth is that Ford withdrew because investment in Dundee was less advantageous than it had previously seemed. What the issue did do was to bring the discussion of single union deals out into the open once again.

However as usual under capitalism, misrepresentation has replaced clear information and the debate surrounding this issue has tended to be distorted. To discuss single union deals in a clear light we need to look beneath the surface arguments. By doing this we will find that it is not so much single union deals that are in dispute as the contents of some of these agreements. Secondly we need to analyse the type of environment in which employers have found it more advantageous to sign agreements with a single union. The point here is that the issue cannot be isolated from conditions that exist within modern capitalism.

The first point to be made is that a single union having sole negotiating rights with a particular company is not something which is without precedent. Nevertheless it is true that in British industrial relations multi-union recognition, with each union representing a separate grade of workers, has been the norm. However in the past few years we have seen the growth of single union agreements and many of these have included provisions which have brought about a changed union-management relationship. Some of the earliest single union deals included the ones signed by the EETPU with Hitachi and Toshiba and the AEU's agreement with Nissan. More recently the EETPU have reached a similar agreement with Brother Industries, a Japanese-owned company based in North Wales, whilst the AEU have signed such a deal with Dunlop on Tyneside and the GMB have agreed to a single union deal with British Cable Services owned by Robert Maxwell. In 1985 the TGWU was manoeuvred into accepting a single union agreements at the Norsk Hydro Plant at Immingham on Humberside where the company had previously recognised the EETPU, AEU and ASTMS. [1] 

Ford in Dundee
The growth of single union deals is thus undeniable. But the controversy over them is not, as the media would have us believe, merely over the concept of single unionism but has more to do with the contents of some of these agreements and the way in which they are concluded. This fact stands out particularly in relation to the AEU's agreement with Ford at the proposed plant for Dundee. What precisely was it about the deal that the TGWU objected to? Whilst of course it could be pointed out that had the TGWU been the union chosen their attitude might have been different there is evidence to suggest that the TGWU would not have accepted the agreement as it stood. Firstly, the leadership of the two unions stand far apart on the issue of single union deals and also with the current balance on the TGWU national executive favouring the left it is unlikely that such an agreement could or would have been accepted. Secondly it seems likely that Ford chose the AEU because they were more likely to agree to a package that undercut the existing national agreement between the company and the unions covering pay and conditions for 44,000 workers at 22 plants. Furthermore the leadership of the AEU and the EETPU have been the most willing to organise plants and companies not by recruiting members but by approaching top management of the companies concerned. For example in the deal agreed to between the EETPU and Brother Industries, whilst the TGWU were attempting to recruit workers at that company the EETPU negotiated a deal with the company to gain sole negotiating rights for all employees at the company's electronic typewriter plant at Wrexham and its microwave oven plant at Ruabon, seemingly without the agreement of the employees concerned.

Certainly the TGWU's criticism of the AEU 's deal with Ford seems justified from a trade union point of view. Ron Todd, General Secretary of the TGWU, highlighted the dangers of the deal in the following way.
Ford planned to exploit Dundee's need for investment by setting up a low pay wedge there.
The point of this was to undermine the pay and conditions won through years of struggle. The danger was, Todd continued:
That the company would close down their plants and transfer their work to Dundee at sub standard wages.
Once Ford had been allowed to locate the plant without honouring national agreements how long would it be. Todd asked, before it "decides to try the same trick again?" The point is. then, that the content of the agreement is the stumbling block and not the fact that only a single union is involved. Furthermore one of the most important aspects is how the company or plant is organised. Is it to be on the basis of recruitment of the workers concerned or by negotiations with the company over the heads of the employees? The latter is no basis for solid trade union organisation.

No-strike agreements 
Several single union deals contain "no-strike" provisions. For example most, if not all, of the agreements involving the EETPU include no-strike clauses and several of these make use of pendulum arbitration. Under this method if the two sides reach deadlock on a certain issue then it is resolved by an outside and so-called independent arbitrator who is bound to decide in favour of either the company or the union there being no possibility of a compromise solution. The argument in favour of such a method is that the two sides will be encouraged to reach a negotiated settlement due to the danger that the arbitrator may decide against them. The problem from a trade union viewpoint is that being unable to take any industrial action they will be unable to put any pressure on the arbitrator. In a situation where the company is determined to force through a change it is unlikely that the arbitrator's decision will be reached on the basis of neutrality. Whilst this system may provide some benefit to workers' organisations when they are in a weak bargaining position, unions tied to such agreements will be unable to use their full might when they are in a stronger bargaining position. It is this longer term goal, the ability to constrain union bargaining power when it is at its height, that lies behind the desire of employers for no-strike agreements as part of single union deals. It could of course be pointed out that such agreements are not as yet legally binding but action could be taken against any employees who engage in industrial action on an individual basis in breach of contract.

Not all of the single union deals signed in recent years include no-strike provisions. For example the agreements between the GMB and British Cable Services and between Dunlop's Tyneside plant and the AEU do not include such a clause. The agreement involving the GMB stipulates that both sides should not take any industrial action while a dispute is in procedure. The AEU's deal with Dunlop states that if management and the union cannot resolve a dispute they will mutually accept ACAS conciliation. The agreement between the TGWU and Norsk includes a six stage procedure for the resolution of collective issues. Stage six. if reached, allows for the matter to be put to a secret ballot, with the wording on the ballot form subject to joint agreement. The clause relating to the overall dispute procedure states that during all stages of the procedure:
  It is clearly understood that there will be no deviation from normal working by way of coercion or disruptive action by individuals or groups etc. in any circumstances . . . The company in return will not invoke any form of lockout.
It goes on to warn workers that.
should any individual or group of employees wish to challenge this practice he/she or they will be severely disciplined 
Trade union representation 
Some single union deals also include the type of communication mechanisms that exist in many of the more sophisticated non-union companies. For example, in many of the EETPU deals and in the TGWU's agreement with Norsk, there exists a Company Advisory Board or in the latter case a council. The agreement between the EETPU and Toshiba includes a provision for the establishment of a Company Advisory Board (CoAB). In many ways the function of this body limits the traditional role of the trade unions. The CoAB at Toshiba includes the following provisions. Regarding the election of employee representatives to sit on this body it states that in areas where trade union representation exists the candidate may be either a unionist or non-unionist. Regarding the role of a CoAB member it stipulates that a person should come to a meeting with an open mind and should not be mandated. In addition the member must not be committed to a trade union line. Furthermore the rules accepted by the EETPU state:
  The EETPU. recognises that all collective issues will be raised at CoAB in the first instance and will only be taken up by the trade union if they cannot be resolved by CoAB advice. [3]
The CoAB thus reduces trade union involvement; union representation is not welcomed and where it has trade union representatives on it they are constrained in representing either the interests of their members or union policy.

New technology
The movement in recent years to single union deals is in many ways connected to the demands and possibilities that new technology makes on, and offers to, the representatives of capital. Implicit in the following is the limitations of trade unionism as it is pulled along with, and can only respond in a defensive manner to. the dictates of capital. Here we can also see how technology under capitalism is used not to free but to chain workers to the demands of capital. For one of the most important issues for management in the 1980s is the need to be able to use labour in a flexible way so as to keep expensive production systems flowing and to meet rapid changes in market demand. Many companies who have negotiated single union deals and many others who have pursued a non-union strategy, operate in high technology industries where the need to have a flexible labour force is especially important. Where a union does exist it is obviously easier to move people from job to job in an environment where there are not separate unions representing different crafts and occupations. A flexible labour force means workers being trained in a variety of skills (cross skill training) so they can be moved around as the productive needs of the company dictate. Thus, in many high technology companies, there is a movement to single status employment conditions, common wages and conditions for both blue and white collar workers. Flexibility of labour and single status objectives, two concepts that go hand in hand, are included in most single union deals. It has in fact been noted that one of the major reasons why Nissan rejected a multi-union deal was because it was felt that this would have led to an erosion of the company's flexibility and single status objectives.

The section in the agreement between Norsk and the TGWU on flexibility states that it is the company's policy that workers will have no rigid job demarcations. It goes on to state:
  The whole objective is to achieve a level of flexibility on site so that any employee will, when the need arises, be prepared and willing to do any job regardless of status, function or position provided that the work to be done is within the individual's ability and competence level. In order to achieve this degree of flexibility the company acknowledges the need for extra training to which all employees are expected to be committed, whether it be to be trained themselves or to train others. [4]
The above objective is obviously easier in a single union rather than a multi-union environment.

The point should also be made that new technology not only creates new demands on employers which are passed on to the workforce, it also creates new opportunities for the representatives of capital in their struggle with organised labour. In the environment of the 1980s changes in technology, combined with anti-union legislation and an economic recession, have enabled employers to curtail or even end craft control and to initiate procedures to curb union bargaining power. A prime example of this was the print industry. In this situation unions have been powerless to offer much resistance.

The socialist view
What should be the attitude of a socialist or trade unionist to the type of issues we have focused on here? Firstly a pessimistic view of the future of the trade union movement in Britain can be over-emphasised. As indicated. even if single union deals continue to grow as many argue they will, it is the content of the deal that needs to be examined. One vital feature is that trade union organisation needs to be based on recruitment of employees not on agreements with top management over workers' heads. Secondly such setbacks that have occurred for unions have taken place in a hostile environment that the history of capitalism indicates will not last forever. Thirdly the type of setbacks suffered by trade unions in America where trade union density has declined to somewhere around 18 per cent from a figure of over 35 per cent in 1945, seems unlikely to be repeated in Britain. Unions in Britain in many industries have become too deeply enmeshed in the collective bargaining mechanisms to be easily removed. This factor and the new found ability of well organised groups to use secret ballots to their own advantage was evident in the recent Ford dispute as well as in other recent disputes in the motor industry in particular.

On the other hand there are many problems to overcome. The anti-democratic antiunion laws of the present government are still causing major problems as the NUS's dispute with P&O has indicated. In response to changes in new technology, a change in union structure and tactics may be required. This could perhaps develop at workplace level. For example unions at Shell have accepted more flexible working arrangements but have been able to maintain a multi-union situation. To help achieve this they have reformed their shop steward representative constituencies.

Unions are, of course, necessary and vital organisations for the working class so long as capitalism remains in operation. Any member of the working class who believes that his or her interests can be served by company consultative committees or the like has little understanding of the class struggle that takes place daily within capitalism, based as it is on the irreconcilable interests of those who produce but do not possess and those who possess but do not produce. Certainly what makes a person a socialist is an understanding of the history of working class struggle against a class with opposing interests. A reading and understanding of that history shows us that the only solution is the building of a movement which is capable of creating a society which is not divided into employers and employed or state versus people. Furthermore the society that replaces capitalism will not be based on production for exchange by means of economically coerced labour, but on production for use through understanding and voluntary co-operation. The basis of such a society is the common ownership of the means of production which will replace private or state ownership. With no class divisions based on a clash of economic interest, trade unions will no longer be necessary.

However whilst current divisions remain it is in the interests of the working class to organise themselves in trade unions, become active in them and undertake the defensive struggle within capitalism. Furthermore trade unionists should campaign for a movement free from any attachments to a political party that stands for capitalism and this of course includes the Labour Party. But trade unions have their limitations — they can only react to capitalism; they cannot end it. So trade unionists, and indeed all members of the working class, need to go further and help build a movement capable of ending the capitalist system.
Ray Carr

[1] Details of this can be found in a pamphlet produced by Northern College in co-operation with TGWU Region 10 — I. Linn. Single Union Deals. This is a case study of the Norsk Hydro Plant, at Immingham. Humberside.
[2]  I. Linn — Single Union Deals, p. 16
[3] Agreement between EETPU and Toshiba on CoAB
[4]  Linn, op. cit. p. 16

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