Recognition and responsibility

They could not have said it better. That's what we, as tax payers, need to witness at Malta Shipyards. The deadline is known. Subsidies are gone in a few months' time. It's a do or die situation. There is no turning back. Even if the last straw for its partial survival would be the total privatisation of the docks! This is well known by all and sundry, not less by the shipyards' workers themselves and their union representatives.

The new officials of the GWU's metal workers' section started off on the right footing. They gave a press conference outlining their thoughts and proposals on what should be done between now and the end of next year in order to safeguard the livelihood of the remaining 1,700-strong workforce at the shipyards.

Although not in sync with the business plan of the management, it was a positive gesture on their part to take a proactive stand and come up with their own recipe for a rather medium-term solution aiming at the recovery of this mecca of Maltese skills and craftsmanship. The union representatives may have their own reservations on management style or the present productivity output but their declaration that they are ready to participate in an ongoing process to insill a sense of collective responsbility between all stakeholders deserves our support and commendation.

Apparently, nowadays trade unions tend to earn more credibility once they pronounce themselves as forerunners, promoting change, introducing new work practices and offering their tangible cooperation to ensure the competitiveness of the worksplace and, thus, safeguarding the jobs and conditions of employment of their members.

The traditional approach of reacting to the management's or employers' actions and decisions does not hold water anymore. The modern trade unionist's trademark is simply proactivity. European trade unions, in particular ETUC, have a successful track record in achieving their objectives through this kind of approach. Unfortunately, not in our case, because most of our unions have not learnt the lesson yet.

Our major unions, through their media empire, would make us believe that they are toeing the line of their European counterparts but a closer look at their modus operandi shows a totally different picture.

Take the latest tit for tat exchange between the UHM and the GWU at Maltapost and Go! It all boils down to the question of recognition. What is trade union recognition at the place of work? In practice, this would mean that the employer grants the authority and responsibility to that trade union that makes a request and that represents the majority of the workers to negotiate the conditions of employment with the management of the company.

Strangely, or funnily, enough, there is no definition and no procedures regulating union recognition in our industrial relations and employment law. It was intentionally omitted from the list of definitions stipulated under the relative law. The Employment Relations Board has never put the subject on its agenda and the Malta Council for Economic and Social Development had avoided the issue altogether. There is no hope of reaching concensus on the definition of recognition between the social partners let alone between the major unions themselves.

Such an omission is causing great harm to our industrial relations and is rendering our labour law a piece of legislation which is not immune to flaws and anomalies. It is about time that the unions take on board the example of the UK and other European countries and start debating the issue with a view to update our legislation.

Whereas employers and unions should be allowed to opt for voluntary recognition, which, to a certain extent, is normal practice until today, it is in the interest of all concerned to introduce statutory recognition. For statutory recognition, the union must apply to a Central Arbitration Committee (CAC) (to be set up for this purpose) as an independent public body. The CAC panel should consist of an independent chair and representation of the employers and of the trade unions. The CAC role would be to decide whether to make a declaration of recognition on the basis of the union membership at the place of work or through the holding of a ballot among the workers in the bargaining unit. The CAC would then issue a certificate of recognition with a validity of, say, three years to the union.

If we were to take the bull by the horn and introduce this legislation, businesses will certainly benefit from an efficient negotiating system with recognised trade unions. The same goes for the trade unions and their members.

Even in this case, collective responsibility is a must!

matyas@maltanet.net