If you had the chance to change the rules of a 50,000 strong union, how would you do it?

Submitted by simono on 11 June, 2008 - 08:52.

Hi,

I'm looking for ideas/comments/research on union structures.

The National Distribution Union (20,000), Service and Food Workers Union (25,000) and Unite Union (5,000) in Aotearoa New Zealand is looking at amalgamating. It would be New Zealand's biggest union.

They want a new union structure and a completely new set of rules and they've asked for people to submit ideas/papers.

Some of the suggestions are proto-syndicalist. Some of them are not.

I know you can't democratise a union simply by changing the structure of a union, but if you had a chance to tell the biggest union in your country what they could do, what would it be? And what would be your arguements, principles, structure for employees (if you had one, or a transition to go from employees to none) etc.

If you've done a thesis, research paper, or typology of different types of unions, comparing their different approaches etc, flick em through.

I've started writing a paper and need some more ideas from some other libertarian communists!

Simon

11 June, 2008 - 11:30

key thing IMHO is autonomy of the workplace/company/industry unit re: industrial action - i.e. that any of those can trigger a ballot for industrial action among their own members easily (i.e. by member petition or meeting resolution), and that the content of that industrial action is defined solely by them, without reference to any higher level of the organisation such as executive. Same autonomy should go for electing officers, discussing things at meetings, etc.

I guess I don't know the industrial relations law set up in NZ, but with how it is in the UK, the main power of the union bureaucracy consists in the power of the executives to prevent or determine the form of legal industrial action (which always has to be approved by member ballot). This isn't a matter of law, it's something which the unions have chosen to do.

(I don't even know if the IWW has this structure incidentally?)

Also, elections for every national and regional post should be at no more than two year intervals - one year would be better. There should be a mechanism for triggering deselection ballots at every level.

All elections should be run by STV.

And elected officers right down to the lowest level (i.e. shop steward) should have a formal right to membership lists and contact information for the body of workers they represent.

Negotiations and meetings with management should be carried out only by elected representatives (plural) of the workers. A national official can be invited along by those representatives, but it is their prerogative.

Obv this isn't going to make it perfect la la la but it would make a real a difference.

11 June, 2008 - 11:39

You do not actually have a chance of changing the rules of a 'reformist' trade union that is in he process of amalgamating (ie creating a bigger union with greater centralisation) in anything resembling a 'proto-syndicalist' fashion. Fucking about with the structures of trades unionism misses the point anyway - these unions are no doubt wed to an ideology of social partnership between bosses, government and the union, looking to smooth over and alleviate conflict.

Why are you even engaged in what will undoubtedly prove to be at least a waste of your time?

11 June, 2008 - 13:10
posi wrote:
I guess I don't know the industrial relations law set up in NZ, but with how it is in the UK, the main power of the union bureaucracy consists in the power of the executives to prevent or determine the form of legal industrial action (which always has to be approved by member ballot). This isn't a matter of law, it's something which the unions have chosen to do.

Some excellent points here are marred by a factual error: s.226 - 232A, and s.234A of the Trade Union and Labour Relations (Consolidation) Act 1992 point out the requirement for TUs to hold a ballot prior to industrial action if the TU - and thus their striking membership - wish to obtain protected status under the law. My understanding of "protected status" is that it means that the TU can legally issue strike pay, the TU can publicly support the strikers without risk of having their funds sequestered and that the membership have a slight chance of being able to utilise the unfair dismissal legislation.

Or are you suggesting here that the TUs are manipulating the legislation, say by refusing to hold a ballot, to prevent their membership from taking industrial industrial action? Your statement doesn't seem to read like that and it's certainly not true in my personal experience, but I'll happily believe it's possible in certain of the reformist unions.

12 June, 2008 - 10:35
Boulcolonialboy wrote:
You do not actually have a chance of changing the rules of a 'reformist' trade union that is in he process of amalgamating

Well no possibly not, but in fairness theres nowt wrong with submitting a suggested paper even if it is rejected. Also thw CNT and IWW were both in part formed by the amalgamtion of other somewhat more ''reformist'' organisations that lead to as you put it 'greater centralisation''

12 June, 2008 - 12:02
Udo_bukowski wrote:
Some excellent points here are marred by a factual error

You're right in what you say, but I really just didn't communicate what I meant well by adding the parentheses after I'd written the last sentence in the bit you quote. What I meant was that the law requires that industrial action be held according to the union's statutes - that the union as a whole ratifies it. The fact that this power is given to union executives - as opposed to branches, industrial units or workplace units - is determined by union constitutions. You could quite easily have a clause in your constitution to delegate powers to order ballots, determine action etc. to those lower levels. That's how a senior TUC official explained it to me anyway.

Udo_Bukowski wrote:
Or are you suggesting here that the TUs are manipulating the legislation, say by refusing to hold a ballot, to prevent their membership from taking industrial industrial action? Your statement doesn't seem to read like that and it's certainly not true in my personal experience, but I'll happily believe it's possible in certain of the reformist unions.

Do you work in Britain? What's your union? I would say this is the absolute main plank of bureaucratic union practice. Not only refusing to hold a ballot, but calling off action once a ballot has been held on the grounds that 'a better deal is on the table' or 'the company has agreed to negotiate'. And not only that, but determining the form of the action - i.e. restricting it to one day, isolated from other workers, and then having to ballot again for another one day.

I agree with cantdo that this is worth doing, if only to set out a public idea of what workers' organisations should be like and show solidarity and commitment to everyone else in the organisation. However we should remember that the IWW and CNT mergers happened at periods of relatively high class struggle - so it's not simon's fault if his proposals don't have the same effect!

12 June, 2008 - 12:16

I 100% agree with Posi, and Cantdo on this. It is worth putting forward some proposals even if only to take advantage of the opportunity to put forward some decent syndicalist ideas.

And creating a more democratic union is possible even during a merger between reformist unions, and that in itself is a worthwhile goal.

The only suggestions I would add to Posi's proposals is that if NZ is anything like the UK at the moment, you need to combine the idea of forming job based branches (where the branch complete with all it's power and resources is based in the individual organised workplace) and the recognition that with increased casualisation, workers will need to be able to take their membership with them easily between workplaces, including to those without a union presence, so you would want in my view a mixture of job branches and geographical branches that can federate into "districts" that cover local areas.

Also I would stress the nessecity of electing all officals whether paid or not as often as possible, and restricting the General Secretary to a maximum of four years in that post. Oh and all paid officials should recieve the wage of the lowest paid full time union members, that will help concentrate their minds a bit.

12 June, 2008 - 13:18
vanilla.ice.baby wrote:
Also I would stress the nessecity of electing all officals whether paid or not as often as possible, and restricting the General Secretary to a maximum of four years in that post. Oh and all paid officials should receive the wage of the lowest paid full time union members, that will help concentrate their minds a bit.

These are interesting debates, I'd tend to moderate those positions a bit.

First is that when a union is already bureaucratised at the level of the membership, not only at the level of offialdowm (i.e when the membership do not relate to the union as an organisation of struggle, but as mediation, and are pretty much content with that), then electing organisers is a deeply dangerous idea. What you will get is your industrial aristocracy, fat off their struggles of thirty years ago, electing people to organise people who are now at the cutting edge of industrial struggle. If you've got militant fast food workers electing someone to help other fast food workers be militant that's fine, but it's not fine for (I dunno) steel workers to elect someone to organise the fast food workers. That embodies the content you're looking for less than employment because it's more likely that you'll attract someone who's from the cultural millieu of fast food workers by advertising than by asking them to run in an election against some good ol' boy steelworker who all the steelworkers know. If you get my drift. So I think this problem can't be answered in the abstract.

On the second bit, that's a bit harsh because, for example, it might discourage union officers from trying to organise lower paid workers - who'd try to organise hotels if it meant taking a pound an hour pay cut? And I think there are certain bare minimum standards you should uphold, just to treat people humanely. It's hard to be publicly campaigning for standards you don't uphold yourself.

Though I think with quite flexible work, like fast food restaurants, it would be good to look at how far you can get people back into their jobs, even if at another restaurant, if they leave for a year and work for the union, then return to work... USDAW do that, and though they're obviously fucked for other reasons, I think it's a good principle.

12 June, 2008 - 13:50
posi wrote:
What I meant was that the law requires that industrial action be held according to the union's statutes - that the union as a whole ratifies it. The fact that this power is given to union executives - as opposed to branches, industrial units or workplace units - is determined by union constitutions. You could quite easily have a clause in your constitution to delegate powers to order ballots, determine action etc. to those lower levels. That's how a senior TUC official explained it to me anyway.

Do you work in Britain? What's your union? I would say this is the absolute main plank of bureaucratic union practice. Not only refusing to hold a ballot, but calling off action once a ballot has been held on the grounds that 'a better deal is on the table' or 'the company has agreed to negotiate'. And not only that, but determining the form of the action - i.e. restricting it to one day, isolated from other workers, and then having to ballot again for another one day.

Thanks for the extended clarification Posi. It makes far more sense now.

I do work in Britain, and am currently an unpaid official in BECTU (and incidentally a wob, though not as active there as I feel I should be). For a while now I've always felt quite lucky that I've had an ongoing relationship over a number of years and across various businesses with the person who is now my Industrial Officer, as it has given a degree of trust which has allowed me relative freedom to organise and negotiate for the branch I'm currently with relatively unhindered (the exception being certain union grades which are subjected to a collective agreement that requires reference to an employers umbrella organisation, though a recent transfer of undertakings in the company means that I'm now able to change this for the majority of the workers in my branch). The other side of the coin is of course that as my branch actively pushes from the ground up, we've accrued a fairly stable base - on the basis of successfully getting OT agreements, changes to shift patterns, increased training opportunities and defending staff against harrassment and so on - which is unusual in an industry which relies on repressing employee protest through handing out "zero hours" and short-term term contracts. It is fairly obvious to both BECTU and the managers that we don't intend to go away, and we're not as stupid and selfish as many of the other branches who just see their role as protecting their pay differentials.

I'm sure this is standard for many of us working within the reformist unions and trying to gain the relevant skills and experience that will help us pursue an alternative system when there is a "period of relatively high class struggle"; I have to say that turning apathy and petty bitching into collective refusal has been a hugely rewarding experience for me personally, and I would hope for the membership too.

So please don't think I was being snippy with you; I felt their was a similiarity in your approach that I wanted to draw out. Cheers!

12 June, 2008 - 14:04

nice one, cheers cool

13 June, 2008 - 12:53
posi wrote:

These are interesting debates, I'd tend to moderate those positions a bit.

First is that when a union is already bureaucratised at the level of the membership, not only at the level of offialdowm (i.e when the membership do not relate to the union as an organisation of struggle, but as mediation, and are pretty much content with that), then electing organisers is a deeply dangerous idea. What you will get is your industrial aristocracy, fat off their struggles of thirty years ago, electing people to organise people who are now at the cutting edge of industrial struggle. If you've got militant fast food workers electing someone to help other fast food workers be militant that's fine, but it's not fine for (I dunno) steel workers to elect someone to organise the fast food workers. That embodies the content you're looking for less than employment because it's more likely that you'll attract someone who's from the cultural millieu of fast food workers by advertising than by asking them to run in an election against some good ol' boy steelworker who all the steelworkers know. If you get my drift. So I think this problem can't be answered in the abstract.

I think your concerns on that are entirely valid - that's why I would also suggest any decent union should have sections (like the T&G for instance) and only members of that section get to elect the relevent full timers. Having said that I also think unions should have as few fulltimers as possible...

Quote:
On the second bit, that's a bit harsh because, for example, it might discourage union officers from trying to organise lower paid workers - who'd try to organise hotels if it meant taking a pound an hour pay cut? And I think there are certain bare minimum standards you should uphold, just to treat people humanely. It's hard to be publicly campaigning for standards you don't uphold yourself.

Er well a decent organiser should be trying to organise where ever there is a need. Still I take your point - they should receive whatever the union says is a decent minimum wage.

Quote:
Though I think with quite flexible work, like fast food restaurants, it would be good to look at how far you can get people back into their jobs, even if at another restaurant, if they leave for a year and work for the union, then return to work... USDAW do that, and though they're obviously fucked for other reasons, I think it's a good principle.

Yep - the T&G often do that as well, my dad has been seconded to the union a couple of times over the years.

14 June, 2008 - 21:22

Hi, thanks for the comments.

I'm surprised there isn't a website/article/paper somewhere that better explains the structures and ideas behind the structures of syndicalist unions. I know how they work of course, but most papers are theoretical and not many practical articles. Even a simple diagram of structures would be useful. I've found a paper on anarchosyndicalism.net about the structure of the CNT and the IWW rules are useful but there doesn't seem to be a document talking about basic syndicalist ideas and the different historical way those issues were dealt with. Well not in a single document anyway! Basically what I'm *trying* to do is write up a paper with different headings about different topics, give a typology of how different union's deal with it and their arguements, and then put forward a syndicalist idea.

An example:

Paid Officials

* The structures/ideas of the merging unions:
* NDU staff have a collective agreement, can have representatives on the union's decision making bodies, small number of election organisers but are in process of being removed, paid good wages, although less than some industries they work in
* SFWU staff have a collective agreement, staff are not to be photographed on pickets, no stories written about them in the paper
* Unite staff were unpaid for a long time, have no collective agreement, feel solidarity with union's management, activists more than organisers, paid around average wage

* Typology of unions
* General unions: Paid professionals give members confidence in the union head office to represent and service them well
* Syndicalist unions: ... etc

Recommendation: The current union's structure has encouraged reliance on the union professionals. the new union's structures should allow sections which so choose to determine what paid officials they use, i.e. wether they use national office organisers (and thereby give a certain percentage of their dues for that purpose, which may be set by the national body), elect their own officers, etc etc. Existing employees of the union role changes to focusing on building self-reliance. Limits on pay depending on the industry they represent. Staff employees must be more involved in new committees of the section/branch and be directed by them. blah blah

(One thing to keep in mind is that in some unions in the current situation of low membership involvement, organisers act as a counter power balance to elected and non-elected union management.)

This isn't my arguement, I just wrote it up for an example of each section in the paper.

E.g.

Looking forward to more discussion and debate, i've only got a very short amount of time to make my submission. I'm mainly doing this as a way of clarifying the position of syndicalists and propaganda, not because i necessarily think anythings going to change. And at the end of the day, it's not the structure alone that will build a grassroots rank and file movement within our unions!

Simon

18 July, 2008 - 11:56

ummm, I'm sorry no one's been more helpful on this Simon.

Just thought I'd add that I went to a seminar on the RMT on Wednesday. Their executive has three year terms, and no one can take two consecutive terms. This is good. Apparently when an RMT member explained this to a member of the French syndicalist union they said "I think that's a bit extreme". Anyway, I think that's an extremely good idea, and the RMT shows it's workable in practice.

EDIT: the RMT grew 37% between 1999 and 2007.

18 July, 2008 - 17:38

I haven't seen this proposed yet in this thread and I'm a bit surprised.
One of the first changes we should propose to a trade union in such circumstances is to dis-affliate the union from electoral activism in Government. No funding for candidates , no union sponsored campaign volunteers. The unions time and money are better spent on organizing the unorganized. Speaking from experience, expressing this idea in main-stream unions will get one noticed, for good or ill. Personally I'd go so far as to say a union body has no real business paying any attention at all to electoral politics, but i can see where that policy might have practical limitations. Not in supporting a "lesser evil" but in maintaining the collective right to call a racist war mongering anti-worker creep exactly what they are in public.

On the staff issue, I'd say as few as possible, as many as necessary . A union with 50,000 members is going to find tasks that need to be performed full time while the majority of the members are at work. If members have time to do them as volunteers, great, that should be strongly encourged, but they need to be done and must otherwise be paid. A livable pay packet might also make the difference for members who are interesting in doing the work but confronted with economic realities. For instance, I find it a bare boned necessity of practical syndicalism for union locals to have a person or group available to relay messages between and addressed to the members at the workplace. Obviously multi-location unions and those with 24/7 shifts will need more. People available to come to the work place and assist member militants at need are a very useful extra. Unions attempting a targeted organizing campaign will in all probablity need people exploring contacts in non union work places full time. Other locals might need hiring hall dispatchers or publications/website editors. As long as A: the lines of accountablity and mutual responsiblities are clear between the staff and the body of workers and B: the body can reasonably afford to pay a living wage but no more, I've never been completely sold on the "no paid staff" position. For unions that is, a different standard will certainly apply for anarchist or communist political organizations, which must rely on the voluntary efforts of the working class in my view.

A war story about a bad example of union staffing and then I'll hit "post comment". A local building trades union decided on a picketing campaign against a union busting law firm. When they noticed that the picketing would need to be performed while they were all at work, they contracted activists from the homeless community in a park near the lawyers office. "Good idea!" thinks I, and goes down to see whats going on. I was not too shocked to find they were being paid far less than union scale with no benefits. In convrsation with union membership and office staff i took the position that they needed to pay at least apprentice scale with offers of unionized jobs after the campaign was concluded.I don't recall thinking of it at the time, but an understood and stated union responsiblity for any medical or legal bills directly related to the campaign would have been simple solidarity. I heard no complaints from the pickets about wages and they seemed to be having a blast, happy to get in the face of business owners and get paid anything at all for it, but I felt it was explotation.