Since the financial crisis in 2008, trade unions have faced unprecedented challenges to maintain existing rights and to strengthen collective bargaining provisions. An important new study by Education International provides a valuable insight into the disturbing trends in freedom of association and collective bargaining in the education sector in many parts of the world.
The 140 page study “Trends in Freedom of Association and Collective Bargaining in the Education sector since the Financial Crisis 2008-2013” provides an in-depth analysis of the situation in 19 countries, ranging from developed country contexts in the OECD countries, which have been deeply affected by the crisis, such as the USA, Spain and Greece, as well as those countries, which have continued to enjoy relatively continuous economic growth such as Brazil, Ghana and Poland.
Trade unions fighting for status of teachers
The study, written by the EI consultant, Nora Wintour, in close collaboration with EI affiliates in the selected countries, documents the extent to which teachers are allowed to form and join trade unions, as opposed to professional associations, and the framework and scope for collective bargaining where permitted. It seeks to identify and explain the changes that have taken place over the last 5 years. It explores the employment status of teachers, which varies widely in different parts of world, and the exclusions and restrictions imposed on civil servants or public employees by government authorities, whether at central or local level, together with the changes in contractual arrangements of teachers, in particular the increasing use of precarious employment patterns. It is clear that the status of teachers as career civil servants is on the decline.
From the findings of the study, genuine collective bargaining is not widespread in the education sector. In most countries, the terms and conditions of employment for public employees, including teachers, are covered by special legislative provisions, whereby the government determines a budgetary allocation and salary scales, within which negotiations or consultations may take place.
Many of the countries in the study have faced substantive government imposed restrictions on collective bargaining (such as some States in Australia and the USA, some provinces in Canada, and in Greece and Spain). These restrictions range from outright revocation of existing collective agreements; government imposed wage settlements; legislation to prohibit strike action; new government powers to suspend or modify existing collective agreements and new legislation to prohibit collective bargaining in the public sector.
However, in other countries, there has been progress in introducing strengthened collective bargaining provisions or extending its scope, as well as some heartening examples of good practice. Equality issues are given specific attention in the study. Examples of good practice include clauses related to victims of domestic violence in Australia so as to ensure that no employee will be disadvantaged in employment because of the consequences of dealing with domestic violence.
Recommendations of the study
The study concludes with recommendations towards the affiliates and EI designed to improve information sharing on freedom of association and collective bargaining among members and between countries and to facilitate training and exchange programmes. It also recommends that EI seeks to anchor the right to freedom of association and collective bargaining for teachers and the public sector generally within the post-2015 development agenda, as integral to the attainment of quality education and public services for all.