Posts Tagged ‘Private Sector’

Fabian Pamphlet on the Future of Industrial Democracy : Part 1

November 11, 2017

The Future of Industrial Democracy, by William McCarthy (London: Fabian Society 1988).

A few days ago I put up a piece about a Fabian Society pamphlet on Workers’ Control in Yugoslavia, by Frederick Singleton and Anthony Topham. This discussed the system of workers’ self-management of industry introduced by Tito in Communist Yugoslavia, based on the idea of Edvard Kardelj and Milovan Djilas, and what lessons could be learnt from it for industrial democracy in Britain.

William McCarthy, the author of the above pamphlet, was a fellow of Nuffield College and lecturer in industrial relations at Oxford University. From 1979 onwards he was the Labour party spokesman on employment in the House of Lords. He was the author of another Fabian pamphlet, Freedom at Work: towards the reform of Tory employment law.

The pamphlet followed the Bullock report advocating the election of workers to the management board, critiquing it and advocating that the system should be extended to firms employing fewer than the thousands of employees that were the subject of reforms suggested by Bullock. The blurb for the pamphlet on the back page runs

The notion of industrial democracy – the involvement of employees in managerial decisions – has been around at least since the time of the Guild Socialists. However, there has been little new thinking on the subject since the Bullock Committee reported in the 1970s. This pamphlet redresses this by re-examining the Bullock proposals and looking at the experience of other European countries.

William McCarthy outlines the three main arguments for industrial democracy:
* it improves business efficiency and performance;
* most workers want a greater say in their work environment;
* a political democracy which is not accompanied by some form of industrial power sharing is incomplete and potentially unstable.

He believes, however, that the emphasis should no longer be on putting “workers in the boardroom.” Instead, he argues that workers ought to be involved below the level of the board, through elected joint councils at both plant and enterprise levels. These councils would have the right to be informed about a wide range of subjects such as on redundancies and closures. Management would also be obliged to provide worker representatives with a full picture of the economic and financial position of the firm.

William McCarthy argues that Bullock’s plan to limit worker directors to unionised firms with over 2,000 workers is out of date. it would exclude over two thirds of the work force and would apply only to a steadily shrinking and increasingly atypical fraction of the total labour force. As the aim should be to cover the widest possible number, he advocates the setting up of the joint councils in all private and public companies, unionised or otherwise, that employ more than 500 workers.

In all cases a majority of the work force would need to vote in favour of a joint council. This vote would be binding on the employer and suitable sanctions would be available to ensure enforcement.

Finally, he believes that this frame of industrial democracy would allow unions an opportunity to challenge their negative and reactionary image and would demonstrate the contribution to better industrial relations and greater economic efficiency which can be made by an alliance between management, workers and unions.

The contents consist of an introduction, with a section of statutory rights, and then the following chapters.

1: The Objectives of Industrial Democracy, with sections on syndicalism, Job Satisfaction and Economic and Social Benefits;

2: Powers and Functions, with sections on information, consultation, areas of joint decision, union objection, and co-determination;

3: Composition and Principles of Representation, with sections on selectivity, the European experience, ideas and legal framework.

Chapter 4: is a summary and conclusion.

The section on Syndicalism gives a brief history of the idea of industrial democracy in Britain from the 17th century Diggers during the British Civil War onwards. It says

The first of these [arguments for industrial democracy – employee rights] is as old as socialism. During the seventeenth century, Winstanley and the Diggers advocated the abolition of landlords and a system of production based on the common ownership of land. During the first half o the 19th century, Marx developed his doctrine that the capitalist system both exploited and “alienated” the industrial workers, subjecting them to the domination of the bourgeoisie who owned the means of production. Under capitalism, said Marx, workers lost all control over the product of their labour and “work became a means to an end, rather than an end to itself” (see Philosophy and Myth in Karl Marx, R. Tucker, Cambridge University Press, 1961). During the latter half of the nineteenth century, Sorel and his followers developed the notion of “revolutionary syndicalism” – a form of socialism under which the workers, rather than the state, would take over the productive resources of industry. Syndicalists were influential in Europe and America in the years before the First World War. They advocated industrial action, rather than the use of the ballot box, as a means of advancing to socialism (see The Wobblies, P. Renshaw, Eyre & Spottiswoode, 1967).

In Britain, syndicalism came to adopt a more constitutionalist form with the formation of the guild socialists. They did not reject the use of parliamentary action, but argued that a political democracy which was not accompanied by some form of industrial power sharing was incomplete and potentially unstable. This was the basic argument of their most distinguished theoretician, G.D.H. Cole. In more recent times a trenchant restatement of this point of view can be found in Carole Pateman’s Participation and Democratic Theory (Cambridge: Cambridge University Press, 1970).

In his earliest writing Cole went as far as to argue that socialism required that that “the workers must election and control their managers”. As he put it “In politics, we do not call democratic a system in which the proletatiat has the right to organise and exercise what pressure it can on an irresponsible body of rulers: we call it a modified aristocracy; and the same name adequately describes a similar industrial structure” (The World of Labour,Bell, 1913).

Subsequently Cole came to feel that continued existence of a private sector, plus the growth of collective bargaining, required some modification of the syndicalist doctrine behind Guild Socialism. By 1957, he was arguing for workers to be given “a partnership status in private firms, “sharing decisions” with the appropriate level of management C The Case for Industrial Partnership, MacMillan, 1957. This is very much the position advanced by Carole Pateman after her critique of more limited theories of democracy-eg those advanced by Schumpeter and others. These “minimalist” democrats took the view that in the context of the modern state, the most one could demand of a democracy was that it should provide a periodic electoral contest between two competing political elites. After reviewing examples of industrial democracy at work in a number of countries Pateman concluded “…it becomes clear that neither the demands for more participation, not the theory of participatory democracy itself, are based, as is so frequently claimed, on dangerous illusions or on an outmoded and unrealistic theoretical foundation. We can still have a modern, viable theory of democracy which retains the notion of participation at its heart.” (op. cit.)

Continued in Part 2, which will cover the sections on the pamphlet ‘Ideas’ and ‘Legal Framework’.

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Fabian Pamphlet on the Future of Industrial Democracy: Part 2

November 11, 2017

This is the second part of my article on William McCarthy’s Fabian pamphlet, The Future of Industrial Democracy, published in 1988.

The section on Ideas in chapter 3: Composition and Principles of Representation runs as follows

At this stage all one can do is propose a number of suggestions and options for further consideration by the Movement. I therefore advance the following cockshy in an attempt to start a debate. No doubt it fails to grapple with many of the problems and oversimplifies others. It should be regarded as written with the lightest of pencils. Three ideas come to mind.

First, why not retain the Bullock notion of a universal enabling ballot, to test whether workers in a given firm or establishment wish to exercise their statutory rights to participation? As the Bullock Report recognised unions would retain the right to “trigger” such a ballot in the groups they represented. Well-intentioned employers, in association with recognised unions, could agree to recommend the establishment of such statutory councils; but there would be a need to be a ballot of all workers involved.

Where a majority of workers voting favoured the establishment of participative rights the employer would be under a legal obligation to establish statutory joint councils. The composition of the workers’ side would be broadly defined by statute, as would be their powers and right. Management would be free to decide its own representatives who served on the council, but the statute would specify the obligations of the employee.

Second, why not let worker representatives emerge by means of a universal secret ballot-open to both unionists and non-unionists-with recognised unions enjoying certain prescribed rights of nomination? Here there a considerable number of European examples to choose from. In France and Luxembourg as I understand it, only unions can nominate for the “first round” of elections. If less than 50 per cent of the electorate vote there is a second election and any worker can nominate. In Belgium unions have an exclusive right to nominate “lists” of candidates where they have representative rights; non-unionists may make nominations elsewhere. Alternatively, there are systems where a given number of workers can nominate if unions fail to provide sufficient nominations. In the Netherlands, for example, any thirty workers can nominate in the larger enterprises, if unions fail to do so. In Germany any three workers can put up a candidate. For myself I favour certain limited rights of nomination in cases where unions are recognised. This is the area where the spectre of “company unionism” is most easily perceived and rightly resisted.

Third, why not specify that in areas where unions can demonstrate that they have members but no recognition any “appropriate” union has the right to make nominations? This need not prevent a given number of workers from enjoying analogous rights.

The section on Legal Framework also says

The best possible combination of nomination and electoral arrangements needs further thought than I can give it as this point. What I believe is that given suitable arrangements it would be possible both to safeguard the position of established unions and create conditions favourable to trade union growth; yet it would not be necessary to insist on a quasi-monopoly of representative rights confined to recognised unions. I suggest that after further debate within the Movement, Labour should propose an enabling statute which provides for joint participation councils in all private firms employing more than 500. The figure of 500 is itself open to debate. But in this way, I estimate it would be possible to show that the intention was to provide participation opportunities for something like 50 per cent of the private sector labour force. A worthwhile beginning to further advance, based on experience and proven worth. Where it was evident that a company employing more than 500 was divided into more than one “establishment” or was composed of a group of companies under the overall control of a “holding company” or its equivalent, power would exist to demand additional joint councils, with rights related to decisions taken at appropriate management levels.

Consideration would need to be given to the creation of a similar framework of rights in appropriate parts of the public sector of employment. So far as I can see there is no good reason why workers in the nationalised industries, national and local government or the NHS should be deprived of statutory rights to participate in management decisions affecting their working lives. No doubt the representation of “management” will pose different problems, the appropriate levels of joint councils will need to be tailor-made to fit different parts of the public sector and there will be different problems of confidentiality. But I doubt if the needs of workers and the benefits to both employers and the public will be found to be all that different.

It will be said that this cockshy for further consideration is superficial, with several critical problems and difficulties left unresolved. Those who like its general drift, but feel fear that the sceptics may have a case, could not do better than look again at some of the less publicised parts of the Bullock Report. One of the more lasting services performed by the Committee of Inquiry was that it set out to explore and overcome almost all the practical objections that could be raised to any form of statutorily based workers’ participation (see Bullock op. cit. chapters 11 and 12).

For this reason its says wise and relevant things about the need to avoid allowing all kinds of exceptions to a participation law, based on the alleged differences that are said to exist in banks, shipping lines, building firms and other parts of the private sector where employers would like to escape the effect of legislation. It also provides a clear account of the problem of “confidentiality” and how best to deal with it. It makes a convincing case for an Industrial Democracy Commission (IDC) to administer and apply the legislation and monitor its effects in an objective and impartial way. (In our case an additional essential task for the IDC would be to decide when multi-level joint councils were justified in the case of a particular firm or group of firms.) Above all, perhaps, it provides a guide through the complexities of company structure-with its spider’s web of holding boards, subsidiary boards, parent companies, inter-locking “subsidiaries” and “intermediate” organisations. It even follows these labyrinth paths into the upper reaches of British and foreign-based multi-nationals.

Of course the Committee’s primary objective in tracing out the lines of corporate responsibility and influence was to decide how to apply its own benchmark of “2,000 or more employees”. After much consideration they decided that this should apply “…to the ultimate holding company of a group which in toto employs 2,000 or more people in the United Kingdom, as well as to any individual company which employs 2,000 or more people in the United Kingdom, whether or not it is part of a group” (Bullock, op. cit. p. 132).

With appropriate emendation to fit the lower thresholds advanced in this pamphlet the Bullock formula seems to me to provide the essence of the right approach.

It is also important to remember that the legal framework advanced above would its place alongside Labour’s overall programme for extending rights at work-eg the restoration of trade union rights, improved rights of recognition and an expansion of individual rights against employers in cases of unfair dismissal and discrimination. All British workers would gain from such a programme and good employers should have nothing to fear.

The proposals should also be seen against the background of the first report of the Labour Party National Executive Committee’s People at Work Policy Review Group, with its emphasis on the need for a new training initiative and action to raise economic efficiency and the quality of life at work.

A legal framework of the kind envisaged here would provide trade unions and trade unionists with unrivalled opportunities. In areas where unions were recognised union representatives would find it easier to service members and influence the decisions of management. In areas where non-unionism is now the norm there would be greater incentives to organise and recruit; it would be easier to demonstrate what unionisation could do and easier to move to a situation in which recognition became a natural development. Of course, unions and their workplace representatives would need to become experts in explaining and using the rights embodied in the new framework. There would be a need for professional and prompt guidance and support in local and national union offices.

Unions should also find it easier to tackle their media image as negative and reactionary forces-opposed to the narrow “consumerism” peddled by the Government and its allies: engaged in a perpetual battle against management-inspired improvements in productivity and efficiency. In time, and before very long, it should be possible to demonstrate the contribution which can be made by the right kind of alliance between management, workers and unions. Benighted market men and women can be relied upon to misunderstand and misrepresent any teething problems and difficulties that arise; but for trade unionists of all sorts and persuasions there will be very little to lose and a great deal to gain.

This article will conclude in Part 3, which will discuss the pamphlet’s last chapter, Summary and Conclusions.