Representativeness of the European social partner organisations: Inland water transport – 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 inland water transport industry 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
After many years of decline, inland water transport in France seems to be on the upturn both regarding passenger and freight transport. Passenger transport involves 62% of employees in the sector. However, the proportion of total national transport activity devoted to inland water transport remains small. It is essentially a world of small companies with specific employment and working conditions. Industrial relations are tense in the small number of companies where trade unions exist. However, significant sectoral bargaining activity takes place, with several agreements being negotiated and regularly put up for discussion.
The sector is composed of a limited number of companies with employees and a bigger number of self-employed barge workers with no or few employees. The status of barge workers’ spouses creates a dilemma for calculating numbers in the industry. From a work perspective, they may be considered as an employee or spouse; this study has decided to count them as employees.
| 1995 | 2006** | |
|---|---|---|
| Number of employers | ~1,050 | 968 |
| Aggregate employment* | 2,974 | 3,642 |
| Male employment* | n.a. | n.a. |
| Female employment* | n.a. | n.a. |
| Aggregate employees | 1,853 | 2,681 |
| Male employees | 67%*** | 63% |
| Female employees | 33%*** | 37% |
| Aggregate sectoral employment as % of total employment in economy | 0.00013% | 0.000144% |
| Aggregate sectoral employees as % of total number of employees in economy | 0.000093% | 0.000117% |
Notes: * Employees plus self-employed persons and temporary agency workers. ** Most recent data available. *** For 1997; probably very similar to 1995. n.a. = not available.
2. The sector’s trade unions and employer associations
This section includes the following trade unions and employer organisations:
1. trade unions which are party to sector-related collective bargaining;
- General Federation of Transport and Infrastructure (Fédération générale des transports et de l’équipement, FGTE), affiliated to the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT);
- National Federation of Transport and Tourism Managers (Fédération nationale de l’encadrement des transports et du tourisme, CFE-CGC Transport), 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);
- General Union of Inland Water Transport (Syndicat général de la marine fluvial) within the Federation of Ports and Docks (Fédération des ports et docks), affiliated to the General Confederation of Labour (Confédération générale du travail, CGT);
- Federation of Infrastructure, Environment, Transport and Services (Fédération de l’équipement, de l’environnement, des transports et des services, FEETS-FO), affiliated to the General Confederation of Labour – Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO).
2. trade unions which are a member of the sector-related European federation, the European Transport Workers’ Federation (ETF) – Inland Navigation Section;
FGTE and FEETS-FO.
3. employer organisations which are party to sector-related collective bargaining;
Committee of Inland Navigation Shipowners (Comité des armateurs fluviaux, CAF).
4. employer organisations or business associations which are a member of the sector-related European business federations, the European Barge Union (EBU) and the European Skippers Organisation (ESO).
CAF is a member of EBU.
The National Chamber of Self-Employed Inland Shipping Entrepreneurs (Chambre nationale de la batellerie artisanale, CNBA) is a member of ESO.
2a Data on the trade unions
2a.1 Type of membership (voluntary vs. compulsory)
Membership is voluntary, as is the case throughout the French trade union movement.
2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private sector workers, water transport employees, etc)
There is no differentiation, except for CFE-CGC, which organises executives. CFE-CGC has few members in the sector.
2a.3 Number of union members (i.e. the total number of members of the union as a whole)
No figures are available, but few trade union members are present in the sector. Only one freight company has significant trade union membership of CGT.
2a.4 Number of union members in the sector
n.a.
2a.5 Female union members as a percentage of total union membership
n.a.
2a.6 Domain density: total number of members of the union in relation to the number of potential members as demarcated by the union domain (see 2a.2)
n.a.
2a.7 Sectoral density: total number of members of the union in the sector in relation to the number of employees in the sector, as demarcated by the NACE definition
n.a.
2a.8 Sectoral domain density: total number of members of the union in the sector in relation to the number of employees which work in that part of the sector as covered by the union domain
n.a.
2a.9 Does the union conclude collective agreements?
Yes, CAF and all of the four trade union confederations in the sector – CFDT, CFE-CGC, CGT, CGT-FO – conclude four collective agreements: two for freight staff, one for passenger transport workers and one for sedentary staff.
2a.10 For each association, list their affiliation to higher-level national, European and international interest associations (including cross-sectoral associations).
FGTE is affiliated to CFDT, ETF and the International Transport Workers’ Federation (ITF).
CFE-CGC Transport is affiliated to CFE-CGC and to the European Commercial Managers Federation (ECMF), which is part of the Confederation of European Managers (Confédération Européenne des Cadres, CEC). CFE-CGC Transport also belongs to the International Federation of Transport Managers (Fédération Internationale des Cadres du Transport, FICT).
The General Union of Inland Water Transport within the Federation of Ports and Docks is affiliated to CGT and, at international level, to the International Dockworkers Council (IDC).
FEETS-FO is affiliated to CGT-FO, ETF and ITF.
2b Data on the employer associations
2b.1 Type of membership (voluntary vs. compulsory)
Membership of CAF is voluntary. However, CNBA is a professional association and has the status of a public institution – membership is compulsory for self-employed barge workers.
2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, (inland) water transport enterprises, etc)
Two major domains can be identified: companies and self-employed people. Within CAF, another distinction is made between freight and passenger transport.
2b.3 Number of member companies (i.e. the total number of members of the association as a whole)
CAF has about 80 member companies.
CNBA has about 850 self-employed members.
2b.4 Number of member companies in the sector
As the organisations cover just the sector concerned, all of the member companies are part of the sector – that is, 80 companies for CAF and 850 self-employed members for CNBA.
2b.5 Number of employees working in member companies (i.e. the total number of the association as a whole)
According to administrative data from the annual transport survey, the sector had 2,681 employees in 2006, a small number (150) of whom are employed by small-scale craft enterprises.
2b.6 Number of employees working in member companies in the sector
2,681 employees in 2006.
2b.7 Domain density in terms of companies: total number of member companies of the association in relation to the number of potential member companies as demarcated by the association’s domain (see 2b.2)
According to administrative data, the sector had a total of 968 companies in 2006. About 80 companies are members of CAF and 850 self-employed members belong to CNBA. Few companies are not members and they employ very few people. Some 85% of the companies in the sector belong to either CAF or CNBA.
2b.8 Sectoral density in terms of companies: total number of member companies of the association in the sector in relation to the number of companies in the sector, as demarcated by the NACE definition
Same remark as for 2b.4.
2b.9 Sectoral domain density in terms of companies: total number of member companies of the association in the sector in relation to the number of companies which operate in that part of the sector as covered by the association’s domain
Not relevant.
2b.10 Domain density in terms of employees represented: total number of employees working in the association’s member companies in relation to the number of employees working in potential member companies, as demarcated by the association’s domain (see 2b.2)
An estimated total of about 95% of employees are in companies or small-scale craft enterprises that are members of employer organisations.
2b.11 Sectoral density in terms of employees represented: total number of employees working in the association’s member companies in the sector in relation to the number of employees in the sector, as demarcated by the NACE definition
Same remark as for 2a.4.
2b.12 Sectoral domain density in terms of employees represented: total number of employees working in the association’s member companies in the sector in relation to the number of employees working in companies which operate in that part of the sector as covered by the association’s domain
Same remark as for 2a.4.
2b.13 Does the employer association conclude collective agreements?
CAF concludes collective agreements for the sector. CNBA does not participate in collective bargaining given its status as a professional association, but it is consulted by CAF.
2b.14 For each association, list their affiliation to higher-level national, European and international interest associations (including the cross-sectoral associations).
CAF is a member of the Movement of French Enterprises (Mouvement des entreprises de France, MEDEF), but seems to be closer to the General Confederation of Small and Medium-sized Enterprises (Confédération générale des petites et moyennes entreprises, CGPME). In Europe, it is affiliated to EBU.
CNBA is a public administrative institution, which comes under the auspices of the ministry responsible for transport – currently, the Ministry of Ecology, Energy, Sustainable Development and Sea (Ministère de l’Écologie, de l’Énergie, du Développement durable et de la Mer). CNBA is under the authority of the Ministry of the Budget, Public Accounts, Civil Service and State Reform (Ministère du budget, des comptes publics, de la fonction publique et de la réforme de l’État) regarding financial issues. Nevertheless, it is a member of ESO.
3. Inter-associational relationships
3.1. Please list all trade unions covered by this study whose domains overlap.
All four trade unions involved in the sector are part of their respective confederations, as outlined above, and their domains are broader than the sector.
3.2. Do rivalries and competition exist among the trade unions, concerning the right to conclude collective agreements and to be consulted in public policy formulation and implementation?
There is no competition between the trade unions concerning the right to bargain, in line with existing French law.
3.3. If yes, are certain trade unions excluded from these rights?
n.a.
3.4. Same question for employer associations as 3.1.
CAF is the only employer organisation authorised to negotiate with the trade unions.
3.5. Same question for employer associations as 3.2.
Not relevant.
3.6. Same question for employer associations as 3.3.
Not relevant.
3.7. Are there large companies or employer associations which refuse to recognise the trade unions and to enter collective bargaining?
No. This would not respect current French law. CAF negotiates for all employers in the sector.
4. The system of collective bargaining
4.1. Sector’s rate of collective bargaining coverage
Collective agreements negotiated by CAF and the trade unions are extended by the public authorities and thus also apply to the small-scale craft enterprises and the few companies that are not members of CAF.
4.2. Relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered
In some enterprises, company-level agreements supplement the sectoral agreements – in particular concerning pay – as the sectoral agreements stipulate only basic conditions. The numbers in this regard are not known. Sectoral bargaining largely influences employment and pay conditions in companies.
4.2.1. Is there a practice of extending multi-employer agreements to employers who are not affiliated to the signatory employer associations?
There is no multi-employer agreement apart from the sectoral collective agreements.
4.2.2. If there is a practice of extending collective agreements, is this practice pervasive or rather limited and exceptional?
The practice of extending collective agreements is semi-systematic.
4.3. List all sector-related multi-employer wage agreements* valid in 2006 (or most recent data)
* Only wage agreements which are (re)negotiated on a reiterated basis.
| Bargaining parties | Scope of sector-related multi-employer wage agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| CAF and CFDT, CFE-CGC, CGT, CGT-FO | Bargaining concerns all four collective agreements in the sector | All employees | National |
4.4. Sector’s three most important collective agreements (single-employer or multi-employer agreements) valid in 2006 (or most recent data)
| Bargaining parties | Scope of agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| CAF and CFDT, CFE-CGC, CGT, CGT-FO | Collective agreement for staff of inland water passenger transport | Employees of inland water passenger transport | National |
| CAF and CFDT, CFE-CGC, CGT, CGT-FO | Collective agreement for relief staff | Employees of freight transport | National |
| CAF and CFDT, CFE-CGC, CGT, CGT-FO | Collective agreement for classical fleet staff | Employees of freight transport | National |
5. Formulation and implementation of sector-specific public policies
5.1. Are the sector’s employer associations and trade unions usually consulted by the authorities in sector-specific matters?
The National Transport Council (Conseil national des transports, CNT) is the main forum for discussions and consultations in all areas of transport. It has a section for inland water transport, in which each trade union and employer organisation is represented.
CAF and CNBA participate in the Board of Navigable Waterways of France (Voies navigables de France, VNF), which is a public organisation under the auspices of the Ministry of Ecology, Energy, Sustainable Development and Sea. In addition, CAF and CNBA participate in the Paris Port Authority (Port Autonome de Paris), which is also a public establishment.
5.2. Do tripartite bodies dealing with sector-specific issues exist?
| Name of body and scope of activity | Bipartite/tripartite | Origin: agreement/statutory | Trade unions having representatives | Employer organisations having representatives |
|---|---|---|---|---|
| CNT | Tripartite | Statutory | CFDT, CGT, CFE-CGC, CGT-FO | CAF, CNBA |
Note: * Sector-specific policies target and affect the sector under consideration.
6. Statutory regulations of representativeness
6.1. In the case of the trade unions, do statutory regulations exist which establish criteria of representativeness which a union must meet, so as to be entitled to conclude collective agreements?
In order to be entitled to participate in collective bargaining, trade unions must belong to one of the five trade union confederations that are recognised by the state as being representative at national level. In other cases, they have to prove their representativeness in the sector; no trade unions are in this situation in the sector concerned. The trade unions that are recognised as being representative are thus those referred to above, which are affiliated to CFDT, CFE-CGC, CGT and CGT-FO. (The fifth representative trade union confederation at national level is the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC), which is not represented in inland water transport.)
6.2. In the case of the trade 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?
See 6.1.
6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for trade union representativeness?
No national election takes place regarding representativeness in the sector. In workplace elections for workforce delegates (délégués du personnel), CGT seems to largely predominate.
6.4. Same question for employer associations as 6.1.
CAF is the only employer organisation in the sector, along with the professional association CNBA. CAF’s legitimacy is not based on elections, but on the fact that almost all of the companies in the sector are members. The question is irrelevant for CNBA, which is a public institution in charge of the professional register. Membership of CNBA is compulsory, but the association also renders services to its members.
6.5. Same question for employer associations as 6.2.
See 6.4.
6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations?
There are no elections other than those that exist within CAF for electing its leaders.
7. Commentary
The specific nature of working conditions in the inland water transport industry leads to very specific agreements, for example with regard to working time and training. Relations between the trade unions do not seem to be in conflict. CAF is considered to be a viable partner, despite tense industrial relations, which are frequent in sectors made up of small companies. This is why the rate of unionisation is low, as membership is limited to a few companies – one enterprise in particular in the area of freight transport – and members are scattered. The main problems concern the future of the sector, which requires more professionals to replace the large number of workers retiring and also to consolidate the activity. Therefore, training for young people and the attractiveness of occupations with very specific working conditions are the main collective bargaining topics in the inland water transport industry.
Jean-Marie Pernot, Institute for Economic and Social Research (IRES)