Diarmuid Breatnach

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Arising out of a recent discussion, I was thinking about what makes a workers’ union – when is an organisation a union and when is it not. And what does it have to do to prove that it is a union, as well as can what once was a union become defunct as a union while still not being defunct as an organisation. In the present time of low union activity as well as in higher activity periods, there are some fundamentals worth considering.

DEFINITIONS

Searching for definitions on line as to what constitutes a trade union, I came across the following:

Oxford on-line English Dictionary: an organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests.

Citizens Information: A trade union is an organisation that protects the rights and interests of its members. Members are employees in a particular sector or job, for example, teaching or nursing.

A trade union can:

• Be an important source of information for employees
• Provide employees with protection on employment issues
• Negotiate with the employer for better pay and conditions

A trade union must have a negotiating licence in order to negotiate on employee wages and other conditions of employment.

The Irish Congress of Trade Unions (ICTU) is the single umbrella organisation for trade unions, representing a range of interests of ICTU members, both in Ireland and in Northern Ireland. ICTU also run the website unionconnect.ie to facilitate people to join a union.

Companies Registration Office (registration as a Friendly Society¹): Trade unions are registered under the Trade Union Acts 1871-1990. Trade unions are established to represent workers in their relations with employers or to act as representative bodies for particular interest groupings.

In order to register a trade union, the grouping involved, which must consist of at least seven people, must draw up a set of rules governing the operation of the union. The rules must as a minimum contain the matters required to be provided for by the First Schedule of the Trade Union Act 1871. The rules, together with the prescribed application form and fee are submitted to the Registrar for examination and, once the rules are found to be in accordance with statute, the union is registered.

Registration as a trade union does not guarantee that a union will receive a negotiation licence; this is a matter for the Minister for Enterprise, Trade and Employment in which the Registrar of Friendly Societies has no function. Application form is available by emailing rfs@enterprise.gov.ie.

Wikipedia: A trade union (or a labor union in American English), often simply referred to as a union, is an organization of workers who have come together to achieve common goals, such as protecting the integrity of their trade, improving safety standards, and attaining better wages, benefits (such as vacation, health care, and retirement), and working conditions through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund the formal organization, head office, and legal team functions of the trade union through regular fees or union dues. The delegate staff of the trade union representation in the workforce are made up of workplace volunteers who are appointed by members in democratic elections.

The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of union members (rank and file members) and negotiates labour contracts (collective bargaining) with employers. The most common purpose of these associations or unions is “maintaining or improving the conditions of their  employment“.[1] This may include the negotiation of wages, work rules, occupational health and safety standards, complaint procedures, rules governing status of employees including promotions, just cause conditions for termination, and employment benefits.

Unions may organize a particular section of skilled workers (craft unionism),[2] a cross-section of workers from various trades (general unionism), or attempt to organize all workers within a particular industry (industrial unionism). The agreements negotiated by a union are binding on the rank and file members and the employer and in some cases on other non-member workers. Trade unions traditionally have a constitution which details the governance of their bargaining unit and also have governance at various levels of government depending on the industry that binds them legally to their negotiations and functioning. ……………………………

A modern definition by the Australian Bureau of Statistics states that a trade union is “an organization consisting predominantly of employees, the principal activities of which include the negotiation of rates of pay and conditions of employment for its members.”[6]

Yet historian R.A. Lesson, in United we Stand (1971), said:

Two conflicting views of the trade-union movement strove for ascendancy in the nineteenth century: one the defensive-restrictive guild-craft tradition passed down through journeymen’s clubs and friendly societies, … the other the aggressive-expansionist drive to unite all ‘labouring men and women’ for a ‘different order of things’.

Karl Marx described trade unions thus: “The value of labour-power constitutes the conscious and explicit foundation of the trade unions, whose importance for the … working class can scarcely be overestimated. The trade unions aim at nothing less than to prevent the reduction of wages below the level that is traditionally maintained in the various branches of industry. That is to say, they wish to prevent the price of labour-power from falling below its value” (Capital V1, 1867, p.1069).

We can note, across these definition from different sources, some constants: Trade unions (henceforth referred to by me as “unions” or “workers’ unions”) are

• representative associations
• of workers
• that represent them in negotiations with employers

So, they have to be representative of workers (employers have their own formal associations) and they must, in general represent their worker-members. Well, few would debate the first condition and for the moment we can accept the second (though we will return to discuss this further).

I would argue however that there is another essential qualification which has not been mentioned even though for some it may be taken for granted: A union must be able to call a significant number of workers in a significant workplace, company or industry into industrial action and does so when necessary (whether that be strike, sit-down, go-slow, ban on certain kinds of work, etc.). In stating that I can quote for the moment no authority or source and yet I am adamant that if the association is not able to do so, it is not a union. I base my definition on experience and logic.

THREAT AND NEGOTIATION

We note that the “negotiation” with employers is mentioned in most if not all definitions. Present in every successful negotiation of workers with employers is a threat, that of action by the workers which will reduce or postpone the profits of the employers. This in turn is mediated by the threat of the employer to dismiss or otherwise penalise workers, to starve them into submission or to unleash private or State violence upon them². The main reason for non-State employers to be in business of whatever kind is to make a profit and a substantial one at that and, in the case of an employer failing to avail of opportunities to do so, other employers, i.e other capitalists, will move in, outcompete and even take over the company³.

State companies have a responsibility to the ruling class to keep systems going, e.g public transport to deliver employees to work for private businesses, power supply to run the private enterprises, water and refuse collection to manage sanitation of working areas and reduce infections of the workforce, etc. So in successful negotiation with a State employer, the threat of workers’ action must be present also.

The threat may be implicit only but cannot remain effective if unrealised forever and every once in a while, employers will test it by a refusal (or procrastination) to accede to the demands of a union. In such a situation, the “negotiation” is ended or at least halted while both sides test the ability to resist of the other. If the employers are resolute and have enough resources but the workers are either not resolute or their resources are insufficient, the employers will win.

If the workers are resolute enough and are well-resourced and their action costs the employers enough so that the latter consider it better in the long run to accede to the demands, the workers will win. However, even when the workers are defeated in one battle, the action may have hurt the employers and next time there is a confrontation, they may be prepared to concede more. Even in failure in some cases, the threat of action has been shown to be a real one.

If however over a number of years the unions do not exercise their muscle while at the same time enduring reductions in the working conditions and living standards of their members, the workers, they become more and more unions in form but not in content and the employers will pay less and less attention to their demands. Indeed, the only threat perceived by the employers in such situations is that the ineffective unions may be replaced by another or others more effective or lose control of their members to “unofficial” or “wildcat” action. Better the devil that they not only know but can manage, than the one they don’t.

I repeat: A union must be able to call a significant number of workers in a significant workplace, company or industry into industrial action and does so when necessary (whether that be strike, sit-down, go-slow, ban on certain kinds of work, etc.). In that respect, the crucial condition is not whether the organisation is more or less democratic, or socialist, or egalitarian, more or less environmentalist etc, though of course all those attributes are desirable. It must be effective, able to threaten and make good its threat.

Therefore calling an organisation a “union” does not of itself make it one and indeed an organisation may conversely be a workers’⁴ union without calling itself one, providing it is able to call a significant number of workers in a significant workplace, company or industry into industrial action and does so when necessary.

So I have extended the definition of a union: an organisation consisting predominantly of employees to defend the interests of its members and improve their remuneration and conditions of work and that is able to call a significant number of workers in a workplace, company or industry into industrial action and which does so when necessary.

But what is a “significant number of workers in a significant workplace, company or industry”? Though this is more open to interpretation, it is nevertheless determined by two things, one of which is its ability to call an effective number of workers in the designated workplace into industrial action and the other is the relative size of the workplace, company or industry concerned. Of course, the workplace may be a shop or small garage or small farm, employing say around 50 people, in which all the workers are able to strike and do so, forcing the employer to accede to their demands or at least a significant (yes, that word again) number of them. The workers’ organisation in that case I would submit qualifies as a union on all grounds except one: the workplace is not a significant one in terms of industry or agriculture. It may go on from that initial success to extend to other workplaces but until it does so, it is a union only in the specific sense of that particular workplace.

However, if the organisation were to represent the majority of workers in one necessary part of a company’s production, willing to exercise its power and able to adversely affect the company’s output and profits, then that organisation would qualify as a union, according to my definition, even though it might represent only a small fraction of the total workforce.

Or if the one workplace in which the workers’ organisation is active is an extended one, for example a chain of stores or a major utility company. Or, as is sometimes the case, the workers’ organisation were to represent workers across an entire industry (“industrial unionism”), or groups of them in a number of different industries ( “general unionism”) or seeking to recruit all workers (“syndicalism”).

WHEN IS A UNION NOT A UNION?

It is important (and I would contend, crucial) also to define what a union is not. It is not

• an organisation set up by a State and controlled by it
• an organisation set up by employers
• or the worker organisation’s offices, officers and other employees

“Unions” set up by the State

States have set up “unions”, for example in the case of corporate states, i.e fascism and when they have done so, have banned real workers’ unions.

In Nazi Germany, workers’ unions were abolished. On 2nd May 1933, (after the large annual May Day marches), their leaders were arrested, their funds confiscated and strikes declared illegal. Workers lost the right to negotiate wage increases and improvements in working conditions and all workers had to join the German Labour Front (DAF) run by Dr. Robert Ley. Within two years, under various pressures, 20 million workers had joined DAF but they had no independent rights.⁵

“Italian fascists waged war on the unions between 1920 and 1922 when Mussolini took power, burning trade union offices, and beating and torturing trade unionists. In Turin, the key industrial centre, fascist squads celebrated Mussolini coming to power by attacking trade union offices and killing 22 trade unionists”⁶.

“The Pact of Vidoni Palace in 1925 brought the fascist trade unions and major industries together, creating an agreement for the industrialists to only recognise certain unions and so marginalise the non-fascist and socialist trade unions. The Syndical Laws of 1926 (sometimes called the Rocco Laws after Alfredo Rocco) took this agreement a step further as in each industrial sector there could be only one trade union and employers organisation. Labour had previously been united under Edmondo Rossoni and his General Confederation of Fascist Syndical Corporations, giving him a substantial amount of power even after the syndical laws, causing both the industrialists and Mussolini himself to resent him. Thereby, he was dismissed in 1928 and Mussolini took over his position as well.

“Only these syndicates could negotiate agreements, with the government acting as an “umpire”. The laws made both strikes and lock-outs illegal and took the final step of outlawing non-fascist trade unions. Despite strict regimentation, the labour syndicates had the power to negotiate collective contracts (uniform wages and benefits for all firms within an entire economic sector).”⁷

In Spain the communists, anarchists and social democrats had organised trade unions which supported the Popular Front Government and mobilised against the military-fascist coup in 1936. Following the victory of the military and fascists the State, under General Franco, jailed or executed many of the trade union leaders and members and declared their unions illegal.

The Franco regime set up the “vertical union” (i.e controlled from above) officially known as the Organización Sindical Obrera (OSE); industrial resistance was illegal and in any case extremely difficult to organise, due to the defeat of the republican and socialist forces and the massive repression of all democratic and socialist trends.⁸

Union resistance under fascism

However, when workers of various kinds of socialist thinking joined these state unions either through being forced to do so or in conscious infiltration, many maintained their old allegiances and worked to subvert fascist rule and control of the workers.

“On 5 March 1943, workers at the giant FIAT Mirafiori car plant in Turin walked out on strike. As it became clear the dictatorship could not repress the strike it spread within Northern Italy, involving one hundred thousand workers. Mussolini was forced to grant pay rises and better rations, but in conceding he struck the death knell for the regime.”⁹

In 1947, eight years after the victory of the military-fascists, metal workers in the Basque province of Bizkaia went on strike in spite of repression by the authorities and a clandestine trade union movement began to organise. “Another historic year in the incipient union movement was 1951, when there were strikes and demonstrations in Barcelona, Madrid and the Basque Country in the early part of the year. These were mainly spontaneous, although the clandestine unions which had grown up since 1947 did support and take part in them. An important role was also played by the Spanish Communist Party PCE, and Roman Catholic workers’ groups.” “In a context of socio-economic change in Spain in the late 1950s, as industrialisation accelerated …. there was a significant growth in the Spanish working class. In 1962 miners and industrial workers began to hold strikes all over the country.”¹⁰

The two main trade unions in the Spanish state today, the CCOO (Comisiones Obreras) and the UGT (Unión General de Trabajadores), the first originally under Communist Party direction and the smaller second under the social democratic PSOE (Partido Socialista Obrero de España) grew out of that resistance (although the UGT had been in existence prior to the military-fascist uprising). Activists had infiltrated the vertical union and workers began to elect militants to represent them in demands to the employers – this in particular was the origin of the Comisiones Obreras.

Employer-led ‘unions’:

Employers have also set up “unions” in order to undermine an existing union or in order to prevent a real union from organising workers in their enterprises.

These have been called “company unions”¹¹ or “yellow unions”, the latter possibly after the French Fédération nationale des Jaunes de France (“National Federation of the Yellows of France”) which was created by Pierre Biétry in 1902.¹²

Up to the mid 1930s, ‘company’ or ‘yellow’ unions were quite common in the USA and after the Ludlow Massacre¹³, John D. Rockefeller had one created to improve his company’s image and to resist the struggles of mineworkers and of the United Mineworkers’ Union in Colorado; he called it the Employee Representation Plan.¹⁴

“In 1935, the National Labor Relations Act (also known as the Wagner Act) was passed, dramatically changing labour law in the United States. Section 8(a)(2) of the NLRA makes it illegal for an employer “to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.” Company unions were considered illegal under this code, despite the efforts of some businesses to carry on under the guise of an ‘Employee Representation Organization.’”¹⁵

Japan has company unions that are not in the RENGO federation of independent unions and the company ones appeal to an ideology of loyalty towards one’s paternalistic employer.¹⁶

In the 1930s, unions in Mexico organized the Confederation of Mexican Workers (Confederación de Trabajadores de México, CTM). The state of Nuevo Leon, however, coordinated its workers into sindicatos blancos (“white unions”), company unions controlled by corporations in the industrialised region.

Naturally a “union” of this type is unwilling and indeed unable to call a significant number of workers in a workplace, company or industry into industrial action to defend the interests of its members and improve their remuneration conditions of work (my definition of a workers’ union). Therefore I contend that they are not workers’ unions.

UNIONS INACTIVE IN STRUGGLE TODAY

But there are unions that have built themselves up in membership (and incidentally by union dues revenue) by proving themselves willing and able to call their members out in action to enforce their demands of the employers – but who have not been doing so for some time. We are increasingly seeing these in Western Europe at least and often the reason quoted is that state legislation is making it harder for the unions to organise, or to take action effectively. And rather than jail for union activists as in the past, the threat of the State is sequestration of union funds. The union leaders, officers and clerical support staff view such threats as extremely serious, evoking the possibility of the demise of the trade union or at the very least its inability to maintain its functions and payment for its superstructure of staffing, buildings and equipment.

Those are of course real threats with some states proving their ability to carry them out in the past and consequently union leaders draw back from struggles that might result in such an eventuality – or even attempt to smother them. The union leadership become, in effect, the firefighters of the employers. When they reach that position, they are not really the union any more. The union is not the organisation’s offices, officers and other employees. Its leaders are forgetting that back in the history of this or of many other unions, its organisers and members maintained only a rudimentary bureaucracy while they fought for the gains to be wrenched from the employers — organisers and even ordinary members faced sacking, police baton charges, strike-breaker violence, deportation, transportation, jail, torture and even death. When safeguarding the superstructure of the union outweighs defending and advancing the members’ interests, it is time for the union leadership to retrace its steps – or vacate the spot.

A union may fail to be recognised as such by the employers and/ or the State but (based on my definition) that does not affect its status as a union, so long as it is an organisation consisting predominantly of employees to defend the interests of its members and improve their remuneration and conditions of work and able to call a significant number of workers in a workplace, company or industry into industrial action and does so when necessary.

To be sure, an employer refusing to recognise the right of the union to represent its employees and to negotiate on their behalves does represent an additional challenge. But we should not forget that all workers’ unions once faced that initial obduracy but nevertheless in time became accepted by the employers. And it required a long process for some of those unions, with unsuccessful industrial action and many sacrifices as part of it.

The opposition of the State, acting in the first place for the capitalist class it represents and secondly in its own interests as an employer, is another serious obstacle for unions. Currently in most of Europe and certainly in Ireland, the State does not outlaw unions but it does place many restrictions around them and, in some cases, removes their protections.

The protection received by a union that is recognised by the State exists mostly in exemption from some legal procedures such as being sued for causing loss of profits for a company and exemption from arrest for picketing (“loitering”, “obstruction”, etc). However, the laws of none of the European states exempt workers from arrest for persistently obstructing the entry of strike-breakers or goods to a workplace where the workers are on strike. In most European countries, picketing, boycott and blockade in solidarity by “non-involved” unions – i.e “secondary picketing” etc — is against the law to a greater or lesser degree. Well, such laws are made by the capitalist class to protect themselves and then processed through a parliament where most of the elected public representatives are supporters of that same class. To receive legal protection from capitalist laws the union must be recognised by the capitalist State which entails meeting the necessary requirements in order to be registered as “a friendly association” and receiving “a negotiation licence”.

However, while these provisions affect very deeply the ease or otherwise of the organisation, they do not in my opinion have anything to do with whether it is or is not a workers’ union.

Another hurdle to get over for “recognition” is that of acceptance by the Irish Trade Union Congress. A union not recognised by the ITUC will receive no support from that body in application to the State for a “negotiation licence” and members of other “recognised” unions will be encouraged to cross any picket line of an “unrecognised” union. That is obviously a serious situation for a young union that is “unrecognised” but again, it does not define whether or not it is a union.

Say what the State, employers or the ITUC leadership may say, the reality remains that a union is an organisation consisting predominantly of employees to defend the interests of its members and improve their remuneration and conditions of work and that is able to call a significant number of workers in a workplace, company or industry into industrial action and which does so when necessary. Not whether it is — or is not — recognised or facilitated by those other bodies.

As the unions in many states have become more and more passive (in the Irish state particularly through the years of “social partnership”¹⁷) they have lost much of their accreditation in reality. As they fail further to justify their existence they will be replaced and for example the British-based union Unite is moving into the Irish arena. But the new union, despite its local leaders speaking militantly at rallies of some campaigns and investing some of its effort into building support in the community, is demonstrating the same reluctance to take determined action against the employers, whether private or State. Should that state of affairs continue then that too will fall and be replaced.

But by what and when?

End.

FOOTNOTES

1A friendly society has nothing necessarily to do with being friendly but is is a mutual association for the purposes of insurance, pensions, savings or cooperative banking. It is a mutual organisation or benefit society composed of a body of people who join together for a common financial or social purpose.

2While some readers may be surprised or even dismissive of reference to “private or State violence”, there can hardly be a state which does not at least on occasion – some more often than others — employ police or judicial violence against striking workers. In the past in many countries and perhaps in particular in the USA, companies employed private security staff or company police to act against worker disobedience, in addition to agencies such as the Pinkerton not only to gather intelligence on union organisers but to attack them physically or to prepare cases for their conviction of law-breaking in court. In some parts of the world companies – often with their HQs in the “West” — continue to employ their own security staff against union organising, sometimes with fatal results for the union organisers.

3This applies even if the company should still be making a profit but is not maximising it. The company’s shareholders and investors, including institutions such as banks, trust funds, pension funds etc will begin to desert the company to a competitor offering a higher return on investments and said company may even engage in a “hostile takeover” bid, by bringing sufficient numbers of shareholders to vote in favour of its takeover. This is one of the laws of the operation of capitalism and one reason why it there is little point in appealing to the individual consciences of capitalists.

4Sometimes workers’ unions have called themselves by other names, including “society” and “association” in order to circumvent anti-trade union legislation for example.

5https://www.bbc.co.uk/bitesize/guides/zxs2pbk/revision/8#:~:text=Trade%20unions%20were%20abolished.,which%20was%20run%20by%20Dr.

6https://www.counterfire.org/articles/opinion/19778-why-fascists-hate-trade-unions

7https://en.wikipedia.org/wiki/Economy_of_Fascist_Italy

8https://en.wikipedia.org/wiki/Spanish_Syndical_Organization

9https://www.counterfire.org/articles/opinion/19778-why-fascists-hate-trade-unions

10https://www.surinenglish.com/lifestyle/201809/14/september-1964-birth-what-20180914090919-v.html

11To be confused with a genuine employee’s union built up within a particular company, for example in a power-generating monopoly or state service company, whether privatised or not.

12https://en.wikipedia.org/wiki/Company_unions (“Yellow” in opposition to the “Red” of socialism; however “yellow” also exists as a pejorative description of cowardice)

13Massacre by company guards and the National Guard of strikers and their children on 20 April 1914 during the Great Colorado Coal Strike, after which the workers took up arms. It was the subject of a song composed and sung by Woody Guthrie and others, e.g Jason Boland and Andy Irvine.

14Ibid.

15 Ibid,

16Despite this and generally not recruiting part-time workers, membership of workers’ unions in Japan stood at 18.5% in 2010 https://en.wikipedia.org/wiki/Labor_unions_in_Japan

171983-???? In 2010: “Following 23 years of social partnership the Irish trades unions (ICTU) entered the new decade seriously weakened and with union employee density down to 31% compared to a density highpoint of 62% in the early 1980s preceding the series of seven corporatist social pacts.[2] Union penetration is highly imbalanced with a density approaching 80% in the public sector and around 20% in the larger private sector.”

SOURCES AND REFERENCES

Definitions of workers’ union:

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/trade_unions.html

https://www.cro.ie/Society-Union/RFS-Trade-Unions

Unions under fascism:

https://www.bbc.co.uk/bitesize/guides/zxs2pbk/revision/8#:~:text=Trade%20unions%20were%20abolished.,which%20was%20run%20by%20Dr.

https://en.wikipedia.org/wiki/Spanish_Syndical_Organization

https://en.wikipedia.org/wiki/Economy_of_Fascist_Italy

https://www.counterfire.org/articles/opinion/19778-why-fascists-hate-trade-unions

Yellow unions:

https://en.wikipedia.org/wiki/Company_union

https://www.theguardian.com/commentisfree/2013/feb/18/boots-defeat-meek-unions

Social Partnership: https://en.wikipedia.org/wiki/Social_Partnership