Representativeness of the social partners: Gas sector –France
The aim of this representativeness study is to identify the respective national and supranational actors (i.e. trade unions and employer organisations) in the field of industrial relations in the gas sector in France. In order to determine their relative importance in the sector’s industrial relations, this study will, in particular, focus on their representational quality as well as on their role in collective bargaining.
1. Sectoral properties
| 1993 | 2004** | |
|---|---|---|
| Number of companies | n.a. | 29 |
| Aggregate employment* | n.a. | n.a. |
| Male employment* | n.a. | n.a. |
| Female employment* | n.a. | n.a. |
| Aggregate employees | 28,378 (1995) | 25,547 |
| Male employees | n.a. | 78.5% |
| Female employees | n.a. | 21.5% |
| Aggregate sectoral employment as a % of total employment in the economy | n.a. | n.a. |
| Aggregate sectoral employees as a % of the total number of employees in the economy | n.a. | 0.1% |
* employees plus self-employed persons and agency workers
** or most recent data
2. The sector’s unions and employer associations
This section includes the following unions and employer associations:
(i) unions which are party to sector-related collective bargaining;
(ii) unions which are a member of the sector-related European Union Federation (i.e. EMCEF - European Mine, Chemical and Energy Workers' Federation);
(iii) employer associations which are a party to sector-related collective bargaining;
(iv) employer associations which are a member of the sector-related European Employer Federation (i.e. ECEG – European Chemical Employers' Group).
(i) Unions which are party to sector-related collective bargaining
Five unions participate in collective bargaining:
- the Chemical and Energy Workers’ Federation (Fédération Chimie-Energie, FCE) affiliated to the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT);
- the Mining and Energy Workers’ Federation (Fédération Nationale Mines-Energie, FNME) affiliated to the General Confederation of Labour (Confédération générale du travail, CGT);
- the Energy and Mining Workers’ Federation (Fédération Nationale de l’Energie et des Mines Force ouvrière, FNEM) affiliated to the General Confederation of Labour – Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO);
- the National Union of Electricity and Gas Workers’ Branches (l’Union Nationale des Syndicats des Industries Electriques et Gazières, UNSPIEG) in the Chemical, Mining, Textile and Energy Workers’ Federation (Fédération Chimie, Mines, Textiles, Energie, CMTE) affiliated to the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC);
- the Electricity and Gas Workers’ Federation (Fédération des Industries Electriques et Gazières, FIEG) affiliated to the French Confederation of Professional and Managerial Staff – General Confederation of Professional and Managerial Staff (Confédération française de l’encadrement – confédération générale des cadres, CFE-CGC).
(ii) Unions which are a member of the sector-related European Union Federation (i.e. EMCEF - European Mine, Chemical and Energy Workers' Federation);
- The FNME-CGT, FCE-CFDT, FNEM-FO and CFTC-CMTE are members of the which is affiliated to the ETUC.
- The FNME-CGT, FNEM-FO and CFTC-CMTE are also members of the, which is affiliated to the ETUC.
- The FIEG-CFE-CGC is a member of the European Federation of Managerial Staff in Energy and Research, which is affiliated to the European Confederation of Executives and Managerial Staff (CEC).
(iii) Employer associations which are a party to sector-related collective bargaining
Following the law adopted on 10 February 2000 regarding the electricity public service and, in line with the needs of collective bargaining, the companies in the gas sector created the National Gas Industry Employers’ Association (Union nationale des Employeurs des industries gazières, UNEMIG). UNEMIG and the French Electricity Industry Employers’Association (Union Française de l'Electricité,UFE), which is composed of the employers in the electricity sector (including some local companies also present in the gas sector), created a Secretariat of Employers’ Organisations in the Electricity and Gas Industries (Secrétariat des Groupements d'Employeurs des Industries Electriques et Gazières, SGE-IEG).
The SGE-IEG is responsible for providing the secretariat for the joint bodies in these industries, in particular the joint collective bargaining body in the electricity and gas industries sector (Industries électriques et gazières, IEG). This sector includes all companies – regardless of their legal status – whose employees are covered by the staff service regulations in the electricity and gas industries (Statut du personnel des industries électriques et gazières), which are very similar to civil service status. They apply to those working in the production, transport and distribution of electricity and gas in France (article 47 of the 8 April 1946 law on the nationalisation of electricity and gas).
(iv) Employer associations which are a member of the sector-related European Employer Federation (i.e. ECEG – European Chemical Employers' Group)
The French Gas Industry Employers’ Association (Association Française du Gaz, AFG), which comprises the big companies in the gas sector, is affiliated to (EUROGAS) and the state-owned company, Gaz de France (GDF), is also a direct member. Gaz de France’s chairman, Jean-François Cirelli, is one of EUROGAS’ vice-presidents.
Local distribution companies are members of the French section of the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP). Gaz de France is also a member of CEEP.
The National Federation of Licensor and Direct Control Local Authorities (Fédération nationale des collectivités concédantes et régies, FNCCR) composed of the competent local authorities regarding local industrial and commercial public service networks (namely electricity, gas and water, etc.) is affiliated at European level to the European Federation of Local Energy Companies, CEDEC.
Neither the AFG nor the FNCCR are involved in labour issues or collective bargaining.
2a Data on the unions
1. FCE-CFDT
2a.1 Type of membership (voluntary vs. compulsory)
Voluntary
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers, gas sector employees, etc.)
No restrictions
2a.3 Number of members
The FCE-CFDT has 62,000 economically active and retired members in 8 sectors: electricity and gas, chemicals, paper and board, pharmaceuticals, glass, plastics processing, oil and also rubber.
2a.4 Female union members as a percentage of total union membership
26 %
2a.5 Density with regard to the union domain (see 2a.2)
Not available
2a.6 Density of the union with regard to the sector
Not available
2a.7 Does the union conclude collective agreements?
Yes
2a.8 Affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
At national level, FCE-CFDT is affiliated to the CFDT and is a member of the which is in turn affiliated to ETUC, and the International Federation of Chemical, Energy, Mine and General Workers’ Union, ICEM.
2. FNME-CGT
2a.1 Type of membership (voluntary vs. compulsory)
Voluntary
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers, gas sector employees, etc.)
No restrictions
2a.3 Number of members
In 2005, the FNME had 71,809 economically active and retired members - 57,144 of them were in the electricity and gas industries, including 36,192 economically active members.
2a.4 Female union members as a percentage of total union membership
21 %
2a.5 Density with regard to the union domain (see 2a.2)
Not available
2a.6 Density of the union with regard to the sector
Not available
2a.7 Does the union conclude collective agreements?
Yes
2a.8 Affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
At national level, FNME-CGT is affiliated to the CGT and is a member of the which is affiliated to ETUC, and the, which is in turn affiliated to ETUC, and also the International Energy and Mines Organisation, IEMO (formerly the International Miners’ Organisation, IMO).
3. FNEM-FO
2a.1 Type of membership (voluntary vs. compulsory)
Voluntary
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers, gas sector employees, etc.)
No restrictions
2a.3 Number of members
Not available
2a.4 Female union members as a percentage of total union membership
Not available
2a.5 Density with regard to the union domain (see 2a.2)
Not available
2a.6 Density of the union with regard to the sector
Not available
2a.7 Does the union conclude collective agreements?
Yes
2a.8 Affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
At national level, FNEM-FO is affiliated to the CGT-FO and is a member of the which is affiliated to ETUC, the International Federation of Chemical, Energy, Mine and General Workers’ Union, ICEM, the , which is in turn affiliated to ETUC, and also the Public Services International, PSI.
4. UNSPIEG-CFTC
2a.1 Type of membership (voluntary vs. compulsory)
Voluntary
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers, gas sector employees, etc.)
No restrictions
2a.3 Number of members
Not available
2a.4 Female union members as a percentage of total union membership
Not available
2a.5 Density with regard to the union domain (see 2a.2)
Not available
2a.6 Density of the union with regard to the sector
Not available
2a.7 Does the union conclude collective agreements?
Yes
2a.8 Affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
UNSPIEG is part of the CMTE, which is in turn affiliated to CFTC, and is a member of the and the , both of which are in turn affiliated to ETUC. It was affiliated to the World Federation of Industry Workers, WFIW – a sectoral structure of the World Confederation of Labour, WCL, before the latter’s dissolution in 2006.
5. FIEG-CFE-CGC
2a.1 Type of membership (voluntary vs. compulsory)
Voluntary
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers, gas sector employees, etc.)
Professional and managerial staff (professional engineers, executives and foremen, etc.)
2a.3 Number of members
Not available
2a.4 Female union members as a percentage of total union membership
Not available
2a.5 Density with regard to the union domain (see 2a.2)
Not available
2a.6 Density of the union with regard to the sector
Not available
2a.7 Does the union conclude collective agreements?
Yes
2a.8 Affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
At national level, FIEG-CFE-CGC is affiliated to the CFE-CGC and is a member of the European Federation of Managerial Staff in Energy and Research, which is in turn affiliated to the European Confederation of Executives and Managerial Staff, CEC.
The Ministry of Labour publishes data on sector-level union density on the basis of the survey carried out by National Institute of Statistics and Economic Studies (Institut national des statistiques et des études économiques, INSEE) on ‘household living conditions’. The population concerned in the gas sector is very small and the sectors are grouped at a wider level. We, therefore, do not have viable data on union density in this sector. It is most certainly higher than the national average. E: 20 %.
2b Data on the employer associations
2b.1 Type of membership (voluntary vs. compulsory)
UNEMIG and UFE were created after the adoption of the 10 February 2000 law on the modernisation and development of the electricity public service, which transposes into French law the 19 December 1996 European directive on the internal electricity market. Membership is as good as compulsory for all companies whose employees are covered by the staff service regulations in the electricity and gas industries.
2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, sub-sectors of gas, etc.)
SGE-IEG, which is UNEMIG and UFE’s joint secretariat, represents companies, whose employees are covered by the staff service regulations in the electricity and gas industries. Its area of application is defined in article 47 of the 8 April 1946 law on the nationalisation of electricity and gas, i.e., those working in production, transport and distribution of electricity and gas. Gaz de France (GDF) and the so-called non-nationalised companies (entreprises non nationalisées, ENN), namely municipal production companies, such as Gaz de Strasbourg and Gaz de Bordeaux (which have the status of semi-public companies), as well as local distribution companies (entreprises locales de distribution, ELD). The municipal production companies and the local distribution companies are members of the Municipal and Assimilated Non-Nationalised Gas Company Employers’ Association (Syndicat professionnel des entreprises gazières municipales et assimilées non nationalisées, SPEGNN). Most of the local companies are in both the electricity and gas sectors.
UFE is composed of the state-owned company, Electricité de France, EDF, and two sectoral employer associations, namely The Local Electricity Companies (Entreprises locales de l'électricité, ELE) and the National Association of Local Electricity and Gas Companies (Union nationale des entreprises locales d'électricité et de Gaz, UNELEG). Some local companies which are in both the electricity and gas sectors are members of the latter.
EDF and GDF have common personnel for distribution.
Private companies in this sector are represented for their economic interests by the French Gas Industry Association (Association Française du Gaz, AFG) and by the Private Gas Industry Association (Union Professionnelle des Industries Privées du Gaz, UPRIGAZ). The AFG resulted from the transformation, in 2001, of the former Technical Gas Association (Association technique gazière, ATG), which was founded in 1874. There are three categories of members: full, associate and society members. Full members are legal entities, associations and companies which carry out gas supply, stocking, transport or distribution on French territory. Current full members are the state-owned companies, GDF (with its subsidiary, GRT Gaz) and Electricité de France (EDF), the oil company Total (with its subsidiary, TIGF) as well as the French Butane and Propane Committee (Comité Français du Butane et du Propane, CFBP), which is an association composed of six full members: Antargaz, Butagaz, Primagaz, Repsol, Totalgaz and Vitogaz. The AFG’s associate members are companies, which have industrial interests in activities that are associated with the gas industry, such as the building and operating of networks and installations, and manufacture of material and equipment. Society members are composed of about 1,500 individuals, who are sponsored by the full and associate members. UPRIGAZ comprises the following 17 private companies: BP France, Centrica, Cepsa Gas Commercializadora, Dalkia France, Distrigaz, Electrabel France, Elyo, E.On Ruhrgas, Fluxys, Gas Natural Commercialisation France, Poweo, Statoil, Suez, TEGAZ, Total Gaz Electricité Holdings France and Total Infrastructures Gaz France. Most of them are subsidiaries of foreign groups.
Neither the AFG nor the UPRIGAZ participate in collective bargaining.
2b.3 Number of member companies
UNEMIG is composed of about twenty companies. Other companies in the gas sector are represented by the UFE.
2b.4 Number of employees working in member companies
23,000 (2005)
2b.5 Density of the association in terms of companies with regard to their domain (see 2b.2)
100 %. SGE-IEG (the joint UNEMIG/UFE secretariat) represents its entire domain, i.e., companies whose employees are covered by the staff service regulations in the electricity and gas industries.
2b.6 Density of the association in terms of companies with regard to the sector
Besides the public companies, there are only a small number of private gas production and transport companies which are not represented by the SGE-IEG, in particular, the oil group, Total and its subsidiary, Total Infrastructures Gaz de France (TIGF), which until 2004 was Gaz du Sud-Ouest. In April 2005, TIGF absorbed Total Stockage Gaz France (TSGF) and Total Transport Gaz France (TTGF), which were formerly joint subsidiaries with Gaz de France.
2b.7 Density in terms of employees represented with regard to their domain (see 2b.2)
Almost 100% (E)
2b.8 Density in terms of employees represented with regard to the sector
0% (E)
2b.9 Does the employer association conclude collective agreements?
Yes
2b.10 Affiliation to higher-level national, European and international interest associations (including the cross-sectoral associations).
UNEMIG and UFE are not affiliated to any national, European or international association. The public companies, EDF and GDF, as well as the local distribution companies (ELD) are members of UNEMIG and UFE and are represented at European level by the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP).
FNCCR is composed of competent local authorities regarding local industrial and commercial public service networks (namely electricity, gas and water, etc.) – some of whom are also present in UNEMIG and UFE – and is affiliated at European level to the European Federation of Local Energy Companies (CEDEC).
Private companies in this sector are represented at national level by AFG and UPRIGAZ, which is affiliated to the Movement of French Enterprises ( Mouvement des Entreprises de France, MEDEF). At European level, AFP is affiliated to EUROGAS and, at international level, to the International Gas Union (IGU). MEDEF is affiliated to UNICE.
3. Inter-associational relationships
3.1. Unions covered by this study whose domains overlap.
FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE and FIEG-CFE-CGC (only for professional and managerial staff)
3.2. Do rivalries and competition exist among the unions, concerning the right to conclude collective agreements and to be consulted in public policy formulation and implementation?
No, not currently, as all five federations - FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE and FIEG-CFE-CGC - are affiliated to the five confederations which have the status of representative unions at national level and, therefore, the right to participate in collective bargaining
3.3. If yes, are certain unions excluded from these rights?
There are a few other unions, but they have not obtained the status of representative unions, which would enable them to participate in collective bargaining. In April 2004, the National Federation of Independent Unions (Union nationale des syndicats autonomes, UNSA) created an Energy Workers Federation (UNSA Energie). However, apart from an establishment-level union branch, which already existed before the new federation, UNSA Energie has not yet gone to court to request representativeness and has not designated a single union representative.
3.4. Same question for employer associations as 3.1.
UNEMIG and UFE. The UFE represents a few local companies in both the electricity and gas industries. Cf. point 2.3.
3.5. Same question for employer associations as 3.2.
No, because UNEMIG and UFE are represented in collective bargaining by a joint secretariat, the SGE-IEG
3.6. Same question for employer associations as 3.3.
No
4. The system of collective bargaining
Collective agreements are defined in line with national labour law regardless of whether they are negotiated under a peace obligation.
4.1. Sector’s rate of collective bargaining coverage.
According to the Labour Ministry’s data, (the ACEMO survey), 100% of employees in the sector are covered by a collective agreement.
4.2. Relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered.
According to the Labour Ministry’s data, (the ACEMO survey), 73.1% of employees in the sector are covered by an agreement, which is negotiated in the framework of the staff service regulations in the electricity and gas industries, 10.5% by another sector-level agreement and thus, in all, 83.6% by a sector-level agreement. 16.4% are only covered by a company-level agreement.
4.2.1. Is there a practice of extending multi-employer agreements to employers who are not affiliated to the signatory employer associations?
Yes, but with some specific features. Since the modification in 2004 of article 9 of the staff service regulations in the gas and electricity industries, representative unions can negotiate sector-level agreements setting national basic pay (salaire national de base, SNB). These agreements - which are not considered to be national collective agreements in the strict sense of the word – can ‘supplement, in a more favourable way for employees, statutory measures or determine their application within the limits set by the national staff service regulations’. Formerly, the SNB was set by agreement between the EDF and GDF company chairmen and the unions.
The new agreements are jointly extended by the Ministry of Labour (in the same way as national collective agreements) and by the Ministry responsible for the sector, namely the Ministry of Industry. Unlike the extension of national collective agreements, those of the gas and electricity sector do not require consultation with the National (cross-sector) Collective Bargaining Commission (Commission nationale de la négociation collective), but only with the Higher National Staff Commission (Commission Supérieure Nationale du Personnel, CSNP), which is a joint body for all those companies whose employees are covered by the staff service regulations in the gas and electricity industries.
4.2.2. If there is a practice of extending collective agreements, is this practice pervasive or rather limited and exceptional?
Extension is normal practice.
4.3. List all sector-related multi-employer wage agreements* valid in 2004 (or most recent data).
a) National agreement, signed on 13 December 2004, concerning bonuses and allowances in 2005.
b) National agreement, signed on 6 June 2005, concerning an increase in the national basic pay (SNB).
A previous national agreement on the SNB (and other matters) - which was signed on 23 December 2004 by UNEMIG, UFE and two unions, CFTC-CMTE and FIEG-CFE-CGC - did not come into force, because of the opposition of the other three representative unions, namely FNME-CGT, FCE-CFDT et FNEM-FO. Since 4 May 2004 Fillon law, which changed collective bargaining rules (FR0404105F), collective agreements are valid provided a majority of representative unions do not express their opposition in writing within 15 days of signature.
Previously, agreements only had to be signed by one union that was considered to be representative.
The private companies mentioned are covered by collective agreements in other sectors, namely the oil industry and mining.
* Only wage agreements which are (re)negotiated on a reiterated basis
| Bargaining parties | Scope of the sector-related multi-employer wage agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| a) UNEMIG, UFE, FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | Electricity and gas industries | Employees who come under the staff service regulations in the gas and electricity industries | National |
| b) UNEMIG, UFE, FCE-CFDT | Electricity and gas industries | Employees who come under the staff service regulations in the gas and electricity industries | National |
5. Formulation and implementation of sector-specific public policies*
5.1. Are the sector’s employer associations and unions usually consulted by the authorities in sector-specific matters?
Four unions, FNME-CGT, FCE-CFDT, FNEM-FO and FIEG-CFE-CGC, and the employer associations in the sector are represented on the Higher Energy Council (Conseil Supérieur de l’Energie), which replaced the former Higher Electricity and Gas Council (Conseil supérieur de l’électricité et du gaz) in 2005. At the request of the Ministry responsible for energy (currently the Ministry of Industry), the Higher Energy Council may give opinions on policy regarding electricity, gas, other forms of fossil energy, renewable energy and also on energy conservation.
5.2. Do tripartite bodies dealing with sector-specific issues exist?
| Name of the body and scope of activity | Bipartite/ tripartite | Origin: agreement/ statutory | Unions having representatives (reps) | Employer associations having reps. |
|---|---|---|---|---|
| Higher Energy Council (Conseil Supérieur de l’Energie) | tripartite (with represent-atives of public authorities and consumers) | Statutory | FNME-CGT, FCE-CFDT, FNEM-FO, FIEG-CFE-CGC |  |
| National Higher Staff Commission (Commission Supérieure Nationale du Personnel, CSNP) | bipartite | Agreement | FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | UNEMIG, UFE |
| National Joint Employment Commission (Commission paritaire nationale pour l’emploi) | bipartite | Agreement | FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | UNEMIG, UFE |
| National IEG fund (Caisse nationale des IEG) (pensions) | bipartite | Agreement | FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | UNEMIG, UFE |
| Sector-level Joint Commission (Commission paritaire de branche) (collective bargaining body) | bipartite | Agreement | FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | UNEMIG, UFE |
| Joint Observatory of Sector-level Collective Bargaining (Observatoire paritaire de la négociation collective de branche) (information body) | bipartite | Agreement | FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE, FIEG-CFE-CGC | UNEMIG, UFE |
* Sector-specific policies specifically target and affect the sector under consideration.
6. Statutory regulations of representativeness
6.1. In the case of the unions, do statutory regulations exist which establish criteria of representativeness which a union must meet, so as to be entitled to conclude collective agreements?
A government decree, adopted on 31 May 1966, states that the unions affiliated to the five confederations, CGT, CFDT, CGT-FO, CFTC and CFE-CGC, benefit from the ‘presumption of irrefutable’ representativeness at national level and, therefore, have the right to participate in collective bargaining both at sector- and company-levels. Other unions can acquire representative status by proving their representativeness to the courts, which give a ruling on the basis of five criteria of representativeness, namely independence, union dues, membership, experience and patriotic attitude during the war (in line with the 10 May 1946 Parodi circular and the 11 February 1950 law on collective bargaining). Jurisprudence has added other criteria, such as results of workplace elections. In the gas sector, only the five federations, FNME-CGT, FCE-CFDT, FNEM-FO, CFTC-CMTE and FIEG-CFE-CGC, are considered to be representative.
6.2. In the case of the unions, do statutory regulations exist which establish criteria of representativeness which a union must meet, so as to be entitled to be consulted in matters of public policy and to participate in tripartite bodies?
The members of the Higher Energy Council are appointed by the government, which takes into account the results of ‘representativeness elections’. Currently, it has appointed two members of FNME-CGT and one each for FCE-CFDT, FNEM-FO and FIEG-CFE-CGC, but none for CFTC-CMTE,
6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for union representativeness?
Representativeness elections, which are used to distribute seats in the various joint commissions, existed first in the EDF and GDF and, in 2000, were extended to the whole of the electricity and gas industries sector. During the first elections in November 2003, CGT got 52.5% of the votes, CFDT: 19.1%, CGT-FO: 15.9%, CFE-CGC: 8.6% and CFTC: 3.2%. The results in the two state-owned companies, EDF and GDF (FR0401101N) make it possible to compare the results with those of the previous elections (in 2000) The CGT confirmed its permanent and stable position with 53% of the votes. CFDT’s votes (19%) dropped by almost 4 percentage points. CGT-FO increased its votes by 1.6 points to 15.6%. With 8.5 % of the votes, CFE-CGC increased its score by 2.1 points. CFTC remained stable with 3.1% of the votes.
6.4. Same question for employer associations as 6.1.
No
6.5. Same question for employer associations as 6.2.
No
6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations
No
7. Comments
The 4 May 2004 law modified the conditions governing the validity of collective agreements, without changing the criteria governing representativeness. In November 2006, the Economic and Social Council recommended basing union representativeness and the right to participate in collective bargaining on the results of representativeness elections and also requiring the signature of unions which represent the majority of employees as a result of such elections, in order for collective agreements to be valid. This recommendation was adopted with the votes of the CGT, CFDT and UNSA, as well as the Craftwork Employers' Association (Union professionnelle artisanale, UPA). The other employer confederations, MEDEF and CGPME, and three unions, CGT-FO, CFTC and CGC-CFE voted against the recommendation. The government announced its intention to prepare a draft bill based on this recommendation in 2007. If such a law is adopted, it will greatly change collective bargaining rules in the gas sector, as in all other sectors.
8. List of persons and institutions contacted
- FCE-CFDT : Gilbert Piton, FNME-CGT : Hervé Delorme, FNEM-FO : Jacky Chorin,
- UNSPIEG-CFTC : Jean-Michel Bernard,
- FIEG-CFE-CGC : Service de communication,
- SGE-IEG : Carole Son, AFG : Sandrine Drillancourt,
- UPRIGAZ : Alain Raoux,
- Ministère de l’Industrie – Observatoire de l’Energie : Véronique Paquel,
- Ministère du Travail – DARES : Catherine Bloch-London,
- Université de Nancy : Dominique Andolfatto.