Quote of the day

“I find economics increasingly satisfactory, and I think I am rather good at it.”– John Maynard Keynes
Showing posts with label trade unions. Show all posts
Showing posts with label trade unions. Show all posts

Sunday, 17 March 2019

More on trade unions and how they are adapting

Useful material about how, in response to stricter legislation on using strikes to achieve goals, unions are now using the courts instead:



Barely a week goes by without a court case on workers’ rights. In a case last month supported by the gmb, a union, the appeal court upheld an equal-pay ruling against Asda, a supermarket. Next week a case begins in the high court, backed by the Independent Workers Union of Great Britain (iwgb) and involving the University of London, concerning the extent to which outsourced workers have collective-bargaining rights at the place where they work. Before long the iwgb will battle Uber in the Supreme Court over whether the ride-hailing firm wrongly classifies its drivers as independent contractors. Unions, it seems, increasingly see the courts as a good way to protect their members.

Britain used to subscribe to a model of industrial relations which Otto Kahn-Freund, an Oxford legal theorist, termed “collective laissez-faire”. The state offered few employment rights, but let unions and employers fight over pay and conditions. That suited the unions. The courts were stuffed with members of the bourgeoisie who would always rule in favour of capitalists. Better, the unions thought, to have the right to bargain collectively and to strike—which they did until the 1980s. Now they realise that litigation can yield results.

The state has also become more interventionist. Equal pay between men and women was legislated for in the 1970s. A national minimum wage was introduced in 1999. Britain’s accession to the European Economic Community in 1973 brought another set of employment rights, including more paid holidays. At the same time, governments from Margaret Thatcher’s on made it harder for unions to strike. The result was a fall in industrial action but a rise in litigation (see chart).



The iwgb, which was founded in 2012, embodies British trade unions’ new legalistic approach. The outfit, which has a handful of staff and little money but an indefatigable general secretary, Jason Moyer-Lee, is hardly averse to the odd strike or demo. Its tiny office in north London is filled with posters and placards. John McDonnell, the shadow chancellor, enjoys going to the iwgb’s rallies.

Yet the iwgb has had more impact in the courtroom. As well as Uber and the University of London, it has battled in hearings with Deliveroo (a delivery firm), Addison Lee (a taxi company) and CitySprint (another delivery firm). So far it has been fairly successful in its battle with Uber. Lower courts have found that Uber’s drivers are not independent contractors, implying that the firm needs to pay at least minimum wages and holiday pay.

The assumption behind unions’ legal strategy is that rulings translate into better conditions. In June 2018 a tribunal found that drivers for Hermes, a delivery firm, had been denied employment rights. In early February the firm offered somewhat improved terms. Mr Moyer-Lee argues that the union’s legal efforts against The Doctors Laboratory, a pathology company, have resulted in the firm’s couriers getting better conditions.

Yet often legal victories have little impact. In June 2018 Pimlico Plumbers was found by the Supreme Court to have wrongly denied rights, including holiday pay, to one of its engineers. The decision “has had zero impact on our business model,” says Charlie Mullins, the firm’s founder. “People are knocking down my door to come on board.” Other gig-economy firms have just tweaked employment practices to skirt round court judgments.

Many British workers find it hard to enforce their legal rights. In 2013 the government introduced hefty fees at employment tribunals, which explains the big drop in applications. unison, another union, challenged the fee rise and in 2017 the Supreme Court struck it down, yet rumours abound that the government wants to reintroduce high fees. And there is little scrutiny of employers who may be flouting the rules, with hmrc, the tax-collecting agency, lacking resources. Rights don’t mean much without a remedy.
This article appeared in the Britain section of the print edition under the headline "From the barricades to the bar"

Thursday, 13 December 2018

Bit of micro - trade unions (US)

Amazon workers in New York just announced their plan to unionize

“We are not robots, we are human beings.”


A union representative for Amazon workers in Swansea, Wales, protests the ‘inhuman conditions’ workers describe at the company’s warehouses. Protests were held at five Amazon sites across the United Kingdom on November 23, 2018.
 Matthew Horwood/Getty Images

Amazon warehouse workers in New York City are trying to unionize — a development the $800 billion company has tried to prevent for years.
On Wednesday, a group of employees from the company’s warehouse in Staten Island announced the plan along with organizers from the Retail, Wholesale, and Department Store Union. That union is also working with employees at Whole Foods, a grocery chain now owned by Amazon.
The union push, which was first reported by Bloomberg, centers on a simple proposal: If the city and state are giving Amazon a $3 billion tax break to build a regional headquarters nearby, then the company should use some of that money to pay higher wages to warehouse workers and improve their working conditions. And, the organizers say, a negotiated labor contract is the only way to get the company to do so.
If a majority of the Staten Island workers agree, they will be the first Amazon employees in the United States to join a labor union — a move the company has long tried to discourage.
At a press conference outside New York City Hall Wednesday morning, employees from the company’s Staten Island location shared a long list of complaints. Rashad Long, who started working there in October, said managers force employees to work 12-hour shifts five or six days in a row.
“It takes me four hours every day to get to and from work. Between my work schedule and my commute, I haven’t seen my daughter in weeks,” Long said in his statement, which one of his colleagues read during the conference.
Long’s co-workers nodded as he described feeling unsafe at work — he specifically mentioned that the warehouse’s sprinkler system and smoke detectors are broken.
But his most disheartening complaint suggests that employees feel less valued than the robots nearby.
“The third and fourth floors are so hot that I sweat through my shirts even when it’s freezing cold outside,” Long said. “We have asked the company to provide air conditioning, but the company told us that the robots inside cannot work in the cold weather.”
A spokesperson for Amazon said the company respects employees’ right to choose whether to join a labor union.
“Amazon maintains an open-door policy that encourages employees to bring their comments, questions, and concerns directly to their management team for discussion and resolution,” Rachael Lighty, a spokesperson for Amazon, said in a statement to Vox. “We firmly believe this direct connection is the most effective way to understand and respond to the needs of our workforce.”
Lighty also disputed the employees’ complaints. She said the Staten Island warehouse has a fire director on site to make sure the sprinkler system and smoke detectors are working as required by law, and that employees are not allowed to work more than 60 hours a week. She added that the warehouse temperatures are regularly monitored to make sure they remain around 73 degrees Fahrenheit, and that Amazon offers employees the option to enroll in a state-run ride-sharing service called 511NY RideShare.
The move to unionize comes at a tense moment for Amazon. The company is facing heated criticism for its decision to open regional offices in New York City and suburban Washington, DC — a decision that was made with no public input and that will cost local taxpayers billions of dollars in subsidies.
But the online retailer is also dealing with serious complaints from employees, who describe harrowing work conditions and low pay at Amazon’s warehouses in the United States and across the world. In July, Amazon workers in Europe went on strike to protest what they described as hot, windowless, soul-crushing work environments.
In November, on Black Friday, workers at Amazon warehouses workers in Spain, Germany, and France organized strikes, and protests were held in Italy and the United Kingdom. Workers in the US are getting restless too.

Amazon is not a fan of unions

The union drive in New York will certainly intensify the ongoing labor disputes at Amazon. The company has fought past unionization efforts in Europe and has quashed past efforts in the United States.
But general worker unrest has been growing in recent months, reflecting widespread frustration that wages have barely kept up with inflation, even as the economy grows and businesses report strong profits.
Amazon workers say that forming a union is the only way to get the company to change its ways. Talking to managers has not worked so far, Long said.
“During our new hire orientation, management promised they would provide us a shuttle service and ride shares to get us to and from the warehouse, which is located in a remote area of the island,” he explained in the statement shared during Wednesday’s press conference. “This has not happened. Instead, we all have to rely on an overcrowded MTA select bus service.”
Amazon and Whole Foods employees need to take a few more steps before they can officially form a union, though. A majority of employees in their workplaces need to sign union membership cards, to show their support for collective bargaining. If that happens, the company can voluntarily recognize the union.
If the company doesn’t want to recognize the union, then workers will have to hold an official unionization vote through the National Labor Relations Board, an independent federal agency that enforces US labor laws and collective bargaining rights. If a majority of employees vote in favor of unionizing, then Amazon is legally required to recognize the union.
Then, finally, they can begin to negotiate a labor contract.

Wednesday, 7 March 2018

ABSOLUTELY ESSENTIAL READING!!!

This is macro and micro, and addresses a critical issue - why aren't wages going up? You can jump to the bits you understand, and still get really good material for an essay - monopsony employers, union power, inequality, multiplier - it hits right on the nail one of the central questions that need to be answered in order to get some economic stability again. Very US-centric, but main points hold elsewhere:


Why American Workers Aren’t Getting A Raise: An Economic Detective Story
By Jonathan Tepper
For the past few months, I’ve been trying to solve an economic puzzle: why are wages growing so slowly despite a growing economy and a booming stock market?

Workers are productive and helping the economy grow, yet unlike previous economic expansions, we are hardly seeing big increases in wages. Instead, companies are sitting on their cash or giving it back to their shareholders through dividends and share buybacks.

The answer of why wages are not growing mattered a lot to me. A few years ago, some friends and I started Variant Perception a company that predicts the ups and downs of the economy using leading indicators. Before growth or inflation turn up and down, there are generally clues that tell you what is coming. For example, building permits provide a good warning sign that growth will turn up or down. When the US stopped building as many houses in 2005-06, it predicted the recession of 2007-08.

Our leading indicator for wages normally provides a 15 month advanced warning of changes in wages. It is pretty good and all the ingredients are the same ones that have accurately worked for decades, yet the relationship has broken down. It was annoying me: why are wages not following growth? I should know the answer to why this is happening. I should have all the tools, yet something appeared broken in the economy.



All the signs that should lead to higher wages are present. Today, employers are saying that it is hard to find workers and many small businesses say they expect to raise wages, initial unemployment claims are extremely low. This should be an economy that is good for workers to get higher wages, yet wages stink.

After a lot of research, I think the answers are clear. Let’s look at the problem.

Companies are keeping more of the economic pie

The flipside of low wages is that companies have taken a record part of the economic pie. Corporate profits as percentage of Gross Domestic Profit (GDP) are near record highs and labor’s share of GDP is near record lows. You can see from the following chart that the chart looks like a giant alligator jaws. The divergence started in the early 1980s when the regular rise and fall of corporate profits and workers’ compensation broke down.

The trend in corporate profits is a mystery to economists and investment strategists. Jeremy Grantham, a well-known investor, has pointed out, “Profits are the most mean reverting series in finance. If margins don’t revert something has gone wrong with capitalism.”

Employee compensation as a percentage of GDP has been falling for years
(Source: Economic Cycle Research Institute)

Something has indeed gone very wrong with capitalism. In a competitive market, if a company is making a lot of money, other companies will get excited by the prospects of high profits and will enter the industry and compete. Eventually margins decline as more competitors fight each other. That is how dynamic, capitalist economies should be. Something is profoundly broken with capitalism if corporate profit margins do not revert to the historical mean.

Rising industrial concentration is a powerful reason why profits don’t mean revert and a powerful explanation for the imbalance between corporations and workers. Workers in many industries have fewer choices of employer, and when industries are monopolists or oligopolists, they have significant market power versus their employees.

The role of high industrial concentration on inequality is now becoming clear from dozens recent academic studies. Work by The Economist found that over the fifteen-year period from 1997 to 2012 two-thirds of American industries were more concentrated in the hands of a few firms.(i) In 2015, Jonathan Baker and Steven Salop found that “market power contributes to the development and perpetuation of inequality.”(ii)

One of the most comprehensive overviews available of increasing industrial concentration shows that we have seen a collapse in the number of publicly listed companies and a shift in power towards big companies. Gustavo Grullon, Yelena Larkin, and Roni Michaely have documented how despite a much larger economy, we have seen the number of listed firms fall by half, and many industries now have only a few big players. There is a strong and direct correlation between how few players there are in an industry and how high corporate profits are.(iii)

Workers are productive but are not getting paid for it
Given the gaping disparity in pay between the average worker and CEOs, you might imagine managers were superstars and the average worker was bad at his job. But that is hardly the case. While many executives go on the front cover of Fortune or Forbes and get all the credit for their company stock, worker productivity has been steadily rising for decades. 
Unfortunately, earnings have not kept up with productivity increases. Workers are producing more goods with less labor, and companies are making higher profits, but the benefits are not being shared with workers. Notice that productivity growth has been rising in a straight line since the 1950s, but starting in 1980 hourly compensation has not risen much. The money from that gap doesn’t vanish into thin air, and it has to show up somewhere.


Disconnect between productivity and typical worker’s compensation
(Source: Economic Policy Institute)

Some economists have argued that the gap between wages and productivity is an illusion. They argue that much of the gap can be explained by year-end bonuses, which are not included in hourly pay, by healthcare costs, which doesn’t show up in a paycheck but the worker benefits from, and by stock options, which also doesn’t show up in a paycheck. However, we can discount these explanations. Healthcare, bonuses and options are a real expense to companies, and if companies were getting hit with these costs instead of wages, it would show up in corporate profit margins. Today, corporate profit margins would not be at record highs. If the divergence between wages and productivity is real, the difference should clearly shows up in corporate profits, and it does.

Companies have more market power

The economists Jan De Loecker of Princteon University and Jan Eeckhout of the University College London found that average markups, have surged since the early1980s. The average markup was 18% in 1980, but by 2014 it was nearly 70%. Higher markups suggest an increase in what economists refer to as “market power,” which is the result of more highly concentrated industries.

A markup may sound like a very technical term, but you see it in everyday life. The best example is in luxury goods, where the right logo on a handbag will make the leather sell for a lot more than it costs to make. Part of what you’re paying for is status and association.
De Loecker and Eechkhout noted that The rise in markups explains lower wages almost perfectly. They also found that “the rise in markups naturally gives rise to a decrease in the labor share, a decrease in the capital share, a decrease in low skilled wages, a decrease in labor market participation, and decrease in job flows.”(iv)



The Evolution of Average Markups (1960-2014)
 (Source: Jan De Loecker, Jan Eeckhout)

Market power has been rising in many industries. Americans have the illusion of choice, but in industry after industry, a few players dominate the entire market:
  • Two corporations control 90% of the beer Americans drink.
  • When it comes to high-speed internet access, almost all markets are local monopolies; over 75 percent of households have no choice with only one provider.
  • Four airlines completely dominate airline traffic, often enjoying local monopolies or duopolies in their regional hubs. Five banks control about half of the nation’s banking assets.
  • Many states have health insurance markets where the top two insurers have 80-90% market share. For example, in Alabama one company has 84% market share and in Hawaii one has 65% market share.
  • Four players control the entire US beef market.
  • After two mergers this year, three companies will control 70 percent of the world’s pesticide market and 80 percent of the US corn-seed market.
The list of industries with dominant players is endless.
After a wave of mergers, there is simply less competition.



Merger Manias 1890-2015: Merger Waves Are More Frequent and Bigger
(Source: Pine Capital)

Over half of all public firms have disappeared over the last twenty years. We’ve seen a collapse of publicly listed companies. Astonishingly, according to a study by Credit Suisse, “between 1996 and 2016, the number of publicly-listed stocks in the U.S. fell by roughly 50% — from more than 7,300 to fewer than 3,600 — while rising by about 50% in other developed nations.”(i) It is not lower growth or the global Financial Crisis that caused fewer IPOs. This is distinctly an American phenomenon.

The decline in listed companies has been so spectacular that the number lower is than it was in the early 1970s, when the real GDP in the US was just one third of what it is today.(ii) America’s economy grows ever year, but the number of listed companies shrinks. On this trend, by 2070 we will only have one company per industry.

Many workers are dealing with a monopsonist

In a monopoly, there is only one seller, while in a monopsony, there is only one buyer. The extreme example of a monopsony is a coal town in West Virginia, where the only buyer of labor is the coal company.

Large parts of America are dominated by monopsonies. In a comprehensive study, Marshall Steinbaum, Ioana Marinescu, and Jose Azar looked across all industries and commuting zones in the US to measure how concentrated employers were. They found that most labor markets are very concentrated and that it has a strong negative impact on posted wages for job openings.(v) They showed that going from a very competitive to a highly concentrated job market is associated with a 15-25% decline in wages.

The study shows that labor monopsony is not only pervasive across the US, but is especially so in non-metropolitan areas. This makes intuitive sense – smaller towns mean fewer employment options.



Areas with fewer employers have lower wages
(Source: Roosevelt Institute)

In a monopsony, workers have little choice in where they work and have little negotiating power for wages with employers. In a healthy economy, many firms would be competing equally for workers and would be incentivized to entice new hires with higher wages, better benefit packages, and few restrictions on their next career moves. But monopsonies make it easier for firms to depress worker wages. The classic example of this is a coal-mining town, where the coal plant is the only employer and only purchaser of labor. Today, in many smaller towns, WalMart is the new coal plant – and is the only retail company hiring.

Many firms are able to suppress the bargaining power of labor by making labor markets less competitive. Economists Jason Furman and Alan Krueger argue that firms in concentrated industries are able to suppress wages through collusion and non-compete agreements that cover 20% of American workers.(vi)

Many workers live in a rural area with less choice of jobs

Today, the story of America is largely the story of two economies – rural and urban. It was not always this way. The antitrust movement of the 1940s not only targeted giant firms, but was also an attempt to weaken regional centers that had amassed too much power. This largely worked and, by the mid 1970’s, there was a fairly uniform American standard of living – being middle class in the Mideast was pretty much the same as middle class in New England. However, in the 1980s, many of the policies that helped ensure this balance between regions was neglected or reversed.

A great divide formed between rural and metropolitan areas in the US. In 1980, if you lived in Washington D.C., your per-capita income was 29 percent above the average American; in 2013 you would be 68 percent above. In New York City, the income was 80 percent above the national average in 1980 and skyrocketed to 172 percent above by 2013.(vii) Power and money began concentrating in urban centers across the country as a rural ‘brain drain’ occurred.
Major cities attract diverse talent and many corporations, which must bid competitively for workers. Workers living in these cities make significantly more money than workers elsewhere. There is power in numbers, and nurses who have 5 metropolitan hospitals to choose from will make more money than those who work in a town with only one hospital.



Rural Areas Are Lagging
(Source: Bloomberg, Shift: The Commission on Work, Workers, and Technology)

CEOs are getting paid a lot more than workers

In the US CEO pay has exploded. From 1978 to 2013, CEO compensation adjusted for inflation increased 937%. By contrast, the average worker’s income grew by a pathetic 10% over the same period. To put the change in perspective, the CEO-to-worker pay ratio was 33-to-1 in 1978 and grew to 276-to-1 in 2015.(viii) The US is a big outlier in terms of how vastly overpaid the top corporate officers are vs the average worker. For CEOs in the UK, the ratio is 22; in France, it’s 15; and in Germany it’s 12.(ix) US CEOs are vastly overpaid no matter how you look at it.



Rising CEO-to-Worker Compensation Ratio
(Source: Economic Policy Institute)

There is no countervailing force to high CEO and low worker pay
Unions maintained an important part in American working life for decades, but then declined again. In 1983, about 1 in 5 Americans were part of a union; today, only 6.4% of private sector workers in America are unionized and less than 11% of total workers.(x) This represents a considerable decline in the ability of workers to organize. Unions, though controversial, provided a needed forum for workers to band together and advocate for their collective rights.



Falling Union Membership and Lower Middle Class Share of Income
(Source: The Atlantic)

Inequality is inversely related to union membership. If you plot the percentage of national income going to the top 10%, as you can see it is almost the perfect mirror image. When union membership is low, a higher percentage of income goes to the top 10%. This may help, in part, to explain recent trends in income inequality.



Union Membership vs Income Distribution to Top 10%
(Source: The Atlantic, Emin M. Dinlersoz and Jeremy Greenwood) (xi)

Managers collectively represent thousands if not millions of shareholders. Union leaders may likewise represent thousands if not millions of workers. The strength of unions, however, does not come merely from concentrating forces but from the real threat of strikes. There is an extremely high correlation historically between the index of the number of strikes in the US with the wage growth of workers. Today, strikes are extremely rare, and this in part explains why wages are so low.



Wage growth closely associated with strikes
(Source: Taylor Mann, Pine Advisors)

I’m writing a book on monopolies, monopsonies and how they are affecting startups, workers’ pay and economic growth. This is just a small part of some of the ideas in the book.
If you liked this post, let me know and I’ll keep you posted on further charts, blog posts and let you know when my book is coming out.


(ii) Baker, Jonathan and Salop, Steven, “Antitrust, Competition Policy, and Inequality” (2015). Working Papers. http://digitalcommons.wcl.american.edu/fac_works_papers/41/
(iii) Grullon, Gustavo and Larkin, Yelena and Michaely, Roni, Are U.S. Industries Becoming More Concentrated? (August 31, 2017). Available at SSRN: https://ssrn.com/abstract=2612047
(iv) Jan De Loecker, Jan Eeckhout, “The Rise of Market Power and the Macroeconomic Implications”, (August 2017) NBER Working Paper No. 23687 http://www.nber.org/papers/w23687
(i) Credit Suisse, The Incredible Shrinking Universe of Stocks: The Causes and Consequences of Fewer U.S. Equities http://www.cmgwealth.com/wp-content/uploads/2017/03/document_1072753661.pdf
(ii) Grullon, Gustavo and Larkin, Yelena and Michaely, Roni, Are U.S. Industries Becoming More Concentrated? (August 31, 2017). Available at SSRN: https://ssrn.com/abstract=2612047
(v) http://rooseveltinstitute.org/how-widespread-labor-monopsony-some-new-results-suggest-its-pervasive/ and Azar, José and Marinescu, Ioana Elena and Steinbaum, Marshall, Labor Market Concentration (December 15, 2017). Available at SSRN: https://ssrn.com/abstract=3088767
(vi) Why Aren’t Americans Getting Raises? Blame the Monopsony, Jason Furman and Alan B. Krueger Wall Street Journal https://www.wsj.com/articles/why-arent-americans-getting-raises-blame-the-monopsony-1478215983
(vii) Longman, Phil. “Why the Economic Fates of America’s Cities Diverged.” Nov 28, 2015. https://www.theatlantic.com/business/archive/2015/11/cities-economic-fates-diverge/417372/
(x) Bureau of Labor Statistics. “Union Members Summary.” January 26, 2017. https://www.bls.gov/news.release/union2.nr0.htm

Tuesday, 25 April 2017

High level thinking on economic issues

Here, in a nutshell, are a few ideas you might try to extend your answers with in a strong conclusion; luckily Moneyweek has summarised this information for you. The full article can be found here.

Escaping neoliberalism

WE CAN LOOSEN THE GRIP OF POPULISM
Stagnant economies and the rise of the populists have been the broad themes to emerge over the past few years, but few have delved into their causes, say James Montier and Philip Pilkington on GMO.com. Both have their roots in “neoliberalism”, the system of economic governance that arose in the mid-1970s and is characterised by globalisation, flexible labour markets, and a focus on maximising returns to shareholders at the expense of reinvestment and growth. Escaping from neoliberalism will  involve restructuring our economies on more equitable and sustainable lines. Here’s what we need to do.
First, stop trying to steer the economy with monetary policy while shirking the responsibility for maintaining full employment. Instead, the government should offer a fixed wage for any  labour that is forthcoming, which  will be the de-facto minimum wage. When unemployment is high, workers will flow into the government scheme and be outsourced to private charity groups and put to work on any number of jobs that are currently not done – cleaning rivers, helping the disabled, caring for the elderly, planting public gardens, and so on. When times are better, employers can lure workers back by offering higher wages.
Second, to mitigate the negative effects of trade globalisation, run a policy of import substitution. Governments should identify the products currently cheaply imported from abroad that could easily be made here. Then offer direct subsidies to companies willing to produce these products. This should be thought of as part of a broader policy of reindustrialisation. 
Third, frown on corporations that maximise shareholder value at the expense of investment and growth. This is really a corporate choice, not a government one, but corporations should be warned that they need to get their house in order before it’s too late – “populists have policies too, you know”.
Finally, unionise the workforce. Unions have been demonised for four decades, but they can play a fundamental role in ensuring that the distribution of income is fair and that the macroeconomy is balanced. “If policymakers fear striking workers and hot-headed shop stewards, they should look to the Scandinavian countries where capitalist worker-government relations are excellent because everyone treats one another with respect, everyone gets a seat at the table, and equitable outcomes are reached.”

Friday, 27 November 2015

Trade union reform

I know, I know, trade union reform is a supply-side policy that is all about freeing enterprise from the stranglehold hold of bolshy unionistas; there is another side, however, nicely encapsulated in this from tutor2u:

Here is an excellent research document from the New Economics Foundation looking at the importance of trade unions in the modern economy and, perhaps, as a counterpoint to yesterday's Trade Union Bill.
I've just glanced at it but there's a lot of really useful data and whilst I'm unlikely to agree with all of the analysis, I still think that unions have an important role to play in the modern economy in enhancing productivity, employee education and protecting workers - not least in teaching.
This BBC clip looks at the Trade Union Bill and its implications for the Trade unions. I can see another lesson starter emerging for when we're studying trade unions.

Sunday, 17 May 2015

Loads of interesting stuff at the moment:

On the supply-side, I have been a little bit too dismissive of labour law reform, as the new Business Secretary demonstrates - topical, considering the looming train drivers' strike:

New Business Secretary vows to reform strike rules

13 May 2015
Sajid Javid, appointed as Business Secretary in the new Conservative Government, has announced that ‘significant changes’ to public sector strike laws will be included in the Queen’s Speech.
The changes will apply to essential public services such as those affecting health, transport, fire services and schools. Under current rules, a strike is valid if it supported by a majority of those balloted. 
However, the changes will mean a trade union calling for a strike in those public services will need the backing of 40% of eligible union members, and there will need to be a minimum 50% turnout in strike ballots.
Speaking on the BBC’s Today programme, Mr Javid said: ‘What people are fed up of is strike action that hasn't been properly supported by the members of the relevant union. We've seen, including in the last five years, strike action that took place where perhaps only 10% to 15% of the members of that profession actually voted for it, and that's not right, it's unfair, especially when it comes to essential public services. Think of the impact it has - transport, health services - on ordinary people, going about their daily jobs - they should be in people's minds’.
The Government will also remove restrictions on the use of agency staff to replace striking workers, a move which was welcomed by the Confederation of British Industry (CBI). 
Katja Hall, CBI deputy director general, said: ‘For nearly five years the CBI has been saying that recruiting agency workers to plug gaps during a strike is not about threatening strikers' jobs, but providing essential cover during periods of action so businesses can continue to serve their customers. The abolition of this restriction is long overdue’.
She also welcomed the minimum turnout and vote thresholds for strike ballots, saying: ‘The introduction of a threshold is an important - but fair - step to rebalance the interests of employers, employees, the public and the rights of trade unions’.
However, unions have strongly opposed the proposed reforms. Mick Cash of the RMT union said that trade unions would ‘unite to fight these attacks’, while Frances O’Grady of the TUC said: ‘The government's proposals on union ballots will make legal strikes close to impossible. Union negotiators will be left with no more power than Oliver Twist when he asked for more’. http://www.certax.co.uk/news/business-news/archive/article/2015/May/new-business-secretary-vows-to-reform-strike-rules

Then there's something on trade agreements from project syndicate - the author is well left of centre, but that does not mean you should dismiss his views; there are some really good evaluation points in here you can use to question the value of the round of trade deals currently being negotiated:

The Secret Corporate Takeover by Joseph Stieglitz



NEW YORK – The United States and the world are engaged in a great debate about new trade agreements. Such pacts used to be called “free-trade agreements”; in fact, they were managed trade agreements, tailored to corporate interests, largely in the US and the European Union. Today, such deals are more often referred to as “partnerships,”as in the Trans-Pacific Partnership (TPP). But they are not partnerships of equals: the US effectively dictates the terms. Fortunately, America’s “partners” are becoming increasingly resistant.
It is not hard to see why. These agreements go well beyond trade, governing investment and intellectual property as well, imposing fundamental changes to countries’ legal, judicial, and regulatory frameworks, without input or accountability through democratic institutions.
Perhaps the most invidious – and most dishonest – part of such agreements concerns investor protection. Of course, investors have to be protected against the risk that rogue governments will seize their property. But that is not what these provisions are about. There have been very few expropriations in recent decades, and investors who want to protect themselves can buy insurance from the Multilateral Investment Guarantee Agency, a World Bank affiliate (the US and other governments provide similar insurance). Nonetheless, the US is demanding such provisions in the TPP, even though many of its “partners” have property protections and judicial systems that are as good as its own.

The real intent of these provisions is to impede health, environmental, safety, and, yes, even financial regulations meant to protect America’s own economy and citizens. Companies can sue governments for full compensation for any reduction in their future expected profits resulting from regulatory changes.

This is not just a theoretical possibility. Philip Morris is suing Uruguay and Australia for requiring warning labels on cigarettes. Admittedly, both countries went a little further than the US, mandating the inclusion of graphic images showing the consequences of cigarette smoking. The labeling is working. It is discouraging smoking. So now Philip Morris is demanding to be compensated for lost profits.

In the future, if we discover that some other product causes health problems (think of asbestos), rather than facing lawsuits for the costs imposed on us, the manufacturer could sue governments for restraining them from killing more people. The same thing could happen if our governments impose more stringent regulations to protect us from the impact of greenhouse-gas emissions.

When I chaired President Bill Clinton’s Council of Economic Advisers, anti-environmentalists tried to enact a similar provision, called “regulatory takings.” They knew that once enacted, regulations would be brought to a halt, simply because government could not afford to pay the compensation. Fortunately, we succeeded in beating back the initiative, both in the courts and in the US Congress.

But now the same groups are attempting an end run around democratic processes by inserting such provisions in trade bills, the contents of which are being kept largely secret from the public (but not from the corporations that are pushing for them). It is only from leaks, and from talking to government officials who seem more committed to democratic processes, that we know what is happening.

Fundamental to America’s system of government is an impartial public judiciary, with legal standards built up over the decades, based on principles of transparency, precedent, and the opportunity to appeal unfavorable decisions. All of this is being set aside, as the new agreements call for private, non-transparent, and very expensive arbitration. Moreover, this arrangement is often rife with conflicts of interest; for example, arbitrators may be a “judge” in one case and an advocate in a related case.

The proceedings are so expensive that Uruguay has had to turn to Michael Bloomberg and other wealthy Americans committed to health to defend itself against Philip Morris. And, though corporations can bring suit, others cannot. If there is a violation of other commitments – on labor and environmental standards, for example – citizens, unions, and civil-society groups have no recourse.

If there ever was a one-sided dispute-resolution mechanism that violates basic principles, this is it. That is why I joined leading US legal experts, including from Harvard, Yale, and Berkeley, in writing a letter to President Barack Obama explaining how damaging to our system of justice these agreements are.

American supporters of such agreements point out that the US has been sued only a few times so far, and has not lost a case. Corporations, however, are just learning how to use these agreements to their advantage.

And high-priced corporate lawyers in the US, Europe, and Japan will likely outmatch the underpaid government lawyers attempting to defend the public interest. Worse still, corporations in advanced countries can create subsidiaries in member countries through which to invest back home, and then sue, giving them a new channel to bloc regulations.
If there were a need for better property protection, and if this private, expensive dispute-resolution mechanism were superior to a public judiciary, we should be changing the law not just for well-heeled foreign companies, but also for our own citizens and small businesses. But there has been no suggestion that this is the case.

Rules and regulations determine the kind of economy and society in which people live. They affect relative bargaining power, with important implications for inequality, a growing problem around the world. The question is whether we should allow rich corporations to use provisions hidden in so-called trade agreements to dictate how we will live in the twenty-first century. I hope citizens in the US, Europe, and the Pacific answer with a resounding no.

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