The transport sector the background

Call for proposals: information, consultation and participation of representatives of undertakings Budget heading: 04.030106 Application reference: VP/2017/008/0038 EWCs in transport: more and better participation of workers now! Project description and work plan European project of SYNDEX on behalf of ETF in transport (road, civil aviation, logistics, railway, maritime sectors); Syndex is submitting a request for funding to the EU Commission for call for proposals on information, consultation and participation of representatives of undertakings (Budget heading: 04.030106), to support the ETF develop its activities in favour of European Works Councils and workers participation in general. This project aim is a non-commercial one. The project is entitled EWCs in transport: more and better participation of workers now! The project will last 24 months, from 1st December 2017 until 30 November 2019 (24 months). The transport sector the background In Europe, transport is a key economic sector, accounting for 4.8% of the GDP of the 28 countries of the European Union, or 548 billion, and generating 11 million jobs in Europe (5% of EU workers). In 15 years, the main indicators for measuring transport in the European Union have taken off exponentially (except during the economic crisis of 2008-2009). For example, since 1995, transport has grown: 20% in terms of passengers, 25% in terms of goods, 1

and over 30% for GDP. If the trend continues at the current pace, the number of passengers should increase by 50% in Europe by 2050. The European transport industry is characterised by increasing internationalisation, regulatory changes and restructuring since the 1990s. Consequently, the movement of mergers and acquisitions have led to the creation of larger and transnational entities in some subsectors. Market concentration is much higher in air and rail transport sub-sectors than in road and logistic transport sub-sectors. Despite the presence of major groups, road transport sectors continue to be very fragmented. Generally speaking, the major transport companies (multinationals) represent less than 2% of the total number of companies of the transport sector in EU-27, although they employ nearly half of the workers in the transport sector. The liberalisation process of the European transport market is under way. This is the path that has been chosen by the EU's decision-making bodies to facilitate the mobility of passengers and goods as well as the competitiveness and cohesion of the European Union at the global level. Nevertheless, this process cannot be achieved if workers are not given guarantees about their work conditions. Social dumping has thus become the direct consequence of the significant differences between the social standards of the various EU Member States. The implementation and application of EU rules, and particularly Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC. are therefore essential steps for upholding social rights and improving the working conditions of European workers. 2

EWCs in transport Thanks to the «study to evaluate the effectiveness of the European Works Councils in the transport sector» 1 (December 2015) commissioned by the European Commission, significant data is available to ensure the strengthening of transnational involvement of workers representatives at company level. However, there is an urgent need to undertake the necessary steps to set up more EWCs and to reinforce the role of already existing ones. a) Vast possibilities to expand the number of existing EWCs in transport According to the 2015 study, there are currently only 29 EWCs in operations. According to ewcdb.eu, 10 more would have been set up but no elements could be reported to prove that they are active in practice. The findings bring to concluding that: Between 73 and 80 companies, according to different sources, would qualify under the scope of the 2009/38/EC directive. Post, passenger, road transport and logistic (52%), aviation (19%) and maritime transport/ services (27%) are the sector with potential for developing new EWCs 1 The study was commissioned by DG Move. The author is ICF international. 3

or similar bodies. These differences can be explained mainly by market concentration differences. Seafarers are now covered by the EWC directive scope and other laws since the adoption of directive 2015/1794/EC amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC. They should enter the loop to make this legislative change happen. b) Existing EWCs could be more effective Transport companies faced with economic and regulatory transformations are today undergoing massive restructuring. In this context, employees are still informed and, more particularly, consulted too late to influence the decisions taken. Despite the wish for dialogue about the commercial outlook and strategy expressed by the general managements and employee representatives, EWCs have been able to ensure socially more responsible restructuring processes in a very limited number of cases. According to the 2015 study, significant efforts remain to be done regarding the preparation of workers representatives to carry out their mandate particularly regarding the understanding of key concepts such as transnationality, articulation, information-consultation, confidentiality Additionally, innovative ways of working have been identified and can be promoted and could be shared with transport workers representatives at transnational level: analysing sector trends to anticipate changes ahead for companies, better understanding the EU Commission DG Move policy papers that will impact the future of transport in Europe, improve cooperation between social dialogue committees and EWC representatives and influence sustainable development reports by multinational companies. 4

ACTIVITIES AND METHODOLOGY The diagram below summarizes the project activities: Activity 1: New EWCs Activity 2: Ef@icient EWCs Activity 3: Dissemination mapping of priorities clarifying legal concepts web network and platform tranfer of knowledge linking up with the sector trends report on two years activity experts "on call" promoting innovative approaches booklet on good practices and recommendations assesment and guidance for negotiators experts "on call" training program frame for 4 years mandates The description below explains in detail the activities development s : 5

ACTIVITY 1: SETTING UP NEW EWCS IN TRANSPORT PREPARATION PHASE OF THE ACTIVITY: MAPPING. Before this activity is initiated, the project steering group will identify priority targets. There are almost 80 potential EWCs that could be set up. This is the case for instance of Heppner, FM Logistic, SDV Bolloré gp, XPO, DFDS, APL, Panalpina. To identify the targets, Syndex and the ETF Secretariat will provide a list of selection criteria on the basis of: ü Geographic scopes, ü Employee thresholds, ü Trade union membership, ü Network support, ü Local specificities of information and consultation bodies, ü Legal constraints, ü Company structure specificities, ü Quality of social dialogue, ü Sector employment trends regarding restructuring and new technologies ü And overall feasibility. The criteria list will be assessed, amended and endorsed by the steering group (one day meeting). PILLAR ONE: HOW TO NEGOTIATE AN EWC AGREEMENT? LAW AND GOOD PRACTICES The participants will be divided according to their sector of origin in order to stick to their day-to-day realities and to reach a reasonable size for working groups. Three meetings will be organised: Civil aviation including groundhandling companies, airlines and airports where applicable Road transport, rail and truck transport of passenger, freight and public transportation where applicable Maritime sector including seafarers and port authorities where applicable 6

The objective of Pillar one is to provide information on the national and European legislations that rule workers participation and EWCs. The participants will be transport company level representatives (elected by workers and/or nominated by trade unions) and trade union officers. They will also be at the centre of the sessions via pro-active input based on their national experience and sector experiences. For instance, the participants will: - Explain their respective industrial relations systems to understand the differences between national and transnational worker participation - Participate in fake SNB negotiations organised by Syndex during the seminar in order to prepare themselves to real negotiations - Good practices that already exist will be shared with participants regarding the launching procedure, the rights and means for SNB negotiators. Several EWC agreements will be analysed. At the end of the meeting, participants will adopt work plans in order to launch the EWC negotiation processes. PILLAR TWO: ON THE SPOT SUPPORT AND ADVICE BY EXPERTS TO LAUNCH THE PROCESSES, SET UP SNBS AND START NEGOTIATIONS. The objective of Pillar two is to advise workers representatives and trade unions at all stages of the negotiation processes and ensure their development towards signing new EWC agreements. The ETF and Syndex experts will be on call i.e. answering to ad hoc requests by any SNB requesting support. A dedicated EWC transport network, under the form of a safe, open and modern web platform, will be created to facilitate contacts, networking, F.A.Q. and exchange of experiences between members. Its access will be controlled and moderated by EWC experts. PILLAR THREE: FROM THEORY TO PRACTICE: STATE OF PLAY OF NEGOTIATIONS The objective of Pillar three is to analyse the content and state of play of EWC agreements drafts and to identify new best practices from participants. Assessment of negotiations and / or agreements will be carried out during the sessions in order to share knowledge and solutions. Three meetings will be organised: - Civil aviation - Road, rail and logistics 7

- Maritime sector In order to reach this goal, an assessment table will be provided. Comparisons between EWC draft agreements will be suggested for key topics like the definition of transnationality, confidentiality as well as the topics and means for information and consultation. At the end of the meeting, participants will have a clear view of the quality of the EWC draft agreements and their margin of manoeuvre for possible further negotiations. ACTIVITY 2: STRENGTHENING WORKERS EFFECTIVE PARTICIPATION IN TRANSPORT COMPANIES FUTURE Depending on the definition of transport or the company s main activity, there are currently between 29 and 39 EWCs in place in transport (e.g.: UPS, Stef, Gefco, Keolis, Transdev, Air France- KLM. Deutche Bahn, XPO, Geopost, Kühne & Nagel, Hapag Lloyd, DP World, Scandlines, Easyjet, LSG skychefs, TUI, Thomas Cook, Aviapartner). A significant number of them face concrete issues to carry out information-consultation of workers. Others are looking for innovative working methods to better anticipate change and influence decision-making processes by management. PILLAR ONE: ADOPTING AN INNOVATIVE APPROACH FOR SOCIAL DIALOGUE a) The 2009/38/EC Directive is an asset. However, the 2015 study reveals that a significant number of EWC members do not use the rights recognised to them. Thanks to the recast of the directive, agreements should specify the articulation between national and European levels. This activity will so aim at a) encouraging EWC agreements re-negotiations to be in line with the 2009 Directive and b) identifying future training needs for any newly SNB/ EWC appointed person. b) Assessing the sector trends: Syndex will carry out a desk research to analyse the European trends in the transport sector to facilitate the anticipation of change (6 days desk research). c) Connecting EWCs and European Social Dialogue Committees: can EWCs and SDC feed each other to be more efficient? d) How to improve training of EWC members? Participants will identify possible recommendations to improve current practices and standards. e) Using legal tools: Introduction to directive 2014/95/EU on the disclosure of nonfinancial and diversity information by certain large undertakings and groups. How can EWC members influence sustainability reports (economic, social but also environmental issues) to make them become more reliable? 8

The participants will be split according to their sector of origin: Civil aviation including groundhandling companies, airlines and airports where applicable Road transport, rail and logistics Maritime sector including seafarers and port authorities where applicable PILLAR TWO: FOLLOW UP AND ADVICE A dedicated EWC transport network, under the form of a safe, open and modern web platform, will be created to facilitate contacts, networking, F.A.Q. and exchange of experiences between members. Its access will be controlled and moderated by EWC experts. The participants will have the possibility to post their questions and achievements Syndex and ETF will answer to questions and will push interesting news on transport companies. ACTIVITY 3: DISSEMINATION ü A report will be drafted for each activity. On this basis, an overall report will be produced for the final conference. ü A booklet will be drafted to disseminate good practices and ETF recommendations ü A final conference (70) with major achievements (new EWC agreements signed, booklet presentation, social network presentation) will gather all sectors covered by ETF. ü A training program framework will be drafted and circulated to all representatives joining an SNB or EWC for the first time. This document will have a major impact regarding its multiplier effect because it will set up a four years training process (usual length of mandates) to the benefit all new SNB/ EWC member. 9

WORK PLAN: see table in dedicated document in annex 10

Additional information requested into the SWIM form: Roles and responsibilities ETF: The European Transport Workers Federation will be responsible for: a) participating in the organisation and drafting of documents, b) participation in steering committees and meetings including the final conference, c) involving their affiliates and identifying participants and speakers for the meetings and conference and d) disseminating the project outcomes. Syndex: Syndex will a) manage the project in close cooperation with ETF, b) prepare the documents and organisation of the meetings and final conference, c) draft the documents and reports of the meetings and final conference, d) participate in all meetings including the steering groups and final conference, e) prepare a sector analysis of the evolution of transport in Europe and assess its impact on multinational companies, f) set up a web platform, g) provide on call support to SNBs and EWCs, h) prepare tools for short training sessions, i) prepare a training program framework of fours year periods for EWC/ SNB members to follow, and j) participate in the dissemination of the project outcome. Target group and sectors The target group consists of the ETF affiliates present in EU 28 and in the EEA because this corresponds to the 2009/38/EC recast EWC directive scope. Two kinds of participants will be invited: a) new comers, employees who are in the position to participate in SNB negotiations, trade union officers involved in EWCs for the first time and b) experienced EWC members and trade union officers who have difficulties to make their EWC function in practice and looking for innovative approaches to anticipate change at company level. All the sectors represented by ETF (air, road, logistics, rail and maritime sectors) will be covered. Each sector has sub-sectors that will be covered as a consequence. Civil aviation sub-sectors cover airlines, independent ground handling and airport operators. Land transport will cover road professional drivers, logistic services and railways. Maritime sector will cover seafarers and harbours. Transnational dimension ETF represents more than 3.5 million transport workers from more than 230 transport unions and 41 countries in the following sectors: railways, road transport and logistics, maritime transport, inland waterways, civil aviation, ports & docks, tourism and fisheries. All affiliates will be invited to participate in the project. The project is relevant to all countries because it will focus on Directive 2009/38/EC on European works councils, Directive 2002/14/EC5 establishing a general framework for informing and consulting employees, directive 98/59/EC on collective redundancies, 11

Directive 2001/23/EC7 on transfer of undertakings and directive 2014/95/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups. EWC members rotate on a regular basis; new comers need to be up to date regarding the legal environment in order to achieve their mandate. Syndex employs 420 staff and has offices in France, Belgium, Spain, UK, Romania and Poland and has the relevant internal resources to successfully achieve the project proposal. Syndex has in the past trained 300 EWC members in cooperation with 4 ETUFs between 2015 and 2016 with the financial support of the EU institutions. Arrangement for the evaluation / monitoring of the action: During the project: the Steering Committee will monitor the activities and adopt the necessary decisions to ensure a smooth development of the project. Each project meeting will be assessed by participants (via a short questionnaire). Activity one foresees a) the evaluation and monitoring via Pillar 2 (a on call EWC expert will guide the SNB negotiators and coordinators between meetings) and b) pillar 3 (three sector meetings to follow up on previous activities in order to debrief participants and on this basis identify successes, challenges and possible recommendations). Activity two also foresees on call EWC experts to guide the EWC members and coordinators between pillars. At the end of the project: The final conference will evaluate the activities outcomes and will select best practices and recommendations to be published. Added value and innovations of the action The added value and innovativeness of this project are the followings: Creation of new European Works Councils and negotiation of agreements on the basis of the recast directive. Activity one consists of supporting Special Negotiating Bodies to negotiate agreements. According to several sources, between 70 and 80 companies could potentially have an EWC set up because the 2009/28/EC directive thresholds cover them. They will benefit from the support of lawyers and experts during the process on a "on call" basis. 12

A follow up process (second meeting) is planned to debrief and guide negotiators and coordinators. The participants will also have the possibility to post their questions and achievements on a web platform. Syndex and ETF will answer to questions and will push interesting news on transport companies. Activity two will focus on the recast directive improvements regarding coordination between the national and European level. The project will focus on the brand new directive 2014/95/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups and on promoting linkage between EWC members and sector social dialogue committees to better anticipate change. Expected results Approximately 200 people will participate in this project. They will be updated on EU legislation regarding information-consultation and will identify good practices to be shared with their colleagues. They will improve their work in their respective mandate framework. Many workers representatives, who are still isolated today, will benefit from training sessions and information to help them carry out their mandate in the best manner. A significant number of new EWC agreements will be negotiated and/or signed. The project is a very pragmatic one because its aim is to directly involve players from companies (EWC and SNB members) to ensure direct implementation of the work foreseen. A training program framework will be drafted and circulated to all representatives joining an SNB or EWC for the first time. This document will have a major impact regarding its multiplier effect because it will anticipate a four years training program (usual length of mandates) for all new SNB/ EWC member. Use of results (multiplier effects and dissemination plan) The outcomes of the project will be very concrete ones for direct use by workers representatives at company level and by trade union officers in their day-to-day work. ETF will disseminate the project outcomes to all its affiliates by email, social networks, website and future meetings. Syndex will post the project outcome information on its websites, social networks and in future meetings with workers representative s members. During the project, a network of participants will be created via a web platform and will support the exchange of good practices and FAQ. 13

Thanks to this project, a booklet will be published and distributed to a large public. The booklet will identify recommendations and best practices. A large conference with high-level EU Commission and trade union leaders will ensure a good visibility to the project achievements. 14