Public sector professional unions cause a stir

Trade unions or associations representing professionals in the public sector gained increased recognition over the summer months. The Association of River Pilots struck a deal with the government in late August 2007 following industrial action, partly to improve its involvement in social dialogue. Meanwhile, four trade unions have gained recognition within the Belgian State Security Service sector, including the independent Trade Union of Belgian Police.

Industrial action among river pilots

After five days of industrial action, followed by intervention by an official mediator, the Flemish government reached agreement with the Association of River Pilots (Beroepsvereniging van Loodsen, BvL) on 30 August 2007. The action caused significant disruption, particularly at the northern ports of Antwerp and Ghent in the Flemish Region, as ships were unable to make their way in and out of the ports as scheduled. The new deal should improve the working conditions of the Flemish pilotage authority, and staff are also set to receive a pay increase. In addition, 14 new staff members are due to be employed and the pilots will receive new computer equipment.

Demands of river pilots

The industrial action was organised by BvL in demand of more staff and a greater say for the association in talks on working conditions. BvL’s establishment dates back to the Second World War. In recent years, it has revitalised its activities aimed at defending the interests of its members and today it claims to represent 80% of river pilots. However, according to Belgian law, the association is not a recognised union and, as a result, cannot take part in bargaining or negotiations with the government on the employment and working conditions of river pilots.

Since 1994, this problem has been circumvented by the establishment of a body which deals with collective bargaining and prepares official negotiations, known as the Mixed Working Committee of Pilots (Gemengde Werkgroep Loodsen). The employers, the recognised trade unions and BvL all have one vote in this committee. When agreements are reached in the committee, they are then applied and put into effect in the official negotiations. The aforementioned industrial action was partly fuelled by the fact that, according to BvL, these rules of involvement were not always applied. Nevertheless, the newly obtained agreement with the government has reaffirmed and strengthened BvL’s involvement in technical, organisational and personnel matters of the pilotage, although it is still not recognised as a trade union (BE0607019I).

New recognition for trade unions in state security

In other developments, four trade unions have become recognised within the Belgian State Security Service (Staatsveiligheid/Sûreté de l’État) since August 2007. Historically, the Belgian government has always claimed that certain police and military personnel could not have trade union representation. However, this standpoint has been gradually softened over the years. The State Security Service was the last department, among a number of other departments, to obtain recognised trade union representation.

Recognition was obtained not only by the three traditional ‘representative’ trade unions – the Public Services Union (ACV-Openbare diensten/CSC Services publics), the General Confederation of Public Services (Algemene Centrale der Openbare Diensten/Centrale Générale des Services Publics, ACOD/CGSP) and the Liberal Trade Union of Public Services (Vrij Syndicaat voor het Openbaar Ambt/Syndicat Libre de la Fonction Publique, VSOA/SLFP) – but also by the so-called independent Trade Union of Belgian Police (Syndicaat van de Belgische politie/Syndicat de la police belge, Sypol.be).

The structure of workplace representation in Belgium’s private sector is decided through social elections held every four years. Only the three ‘representative unions’ can put candidates forward in these social elections, with a small exception for ‘cadres’ or managers. In the public sector, a different procedure is followed: membership figures are counted by a specific department attached to the services of the prime minister. All trade unions with a density rate of 10% or more within the civil service department in question obtain a seat in the workplace representation committees.

Sypol.be was already deemed a ‘registered’ union within the police services. It is allowed, for example, to intervene in decisions made by the authority covering the services pertaining to obtaining registration, assisting employees and posting opinions in workplaces; it also occasionally takes part informally in negotiations and concertation exercises. However, the union did not have the legal right to be involved in negotiation and consultation activities. It has now obtained the bargaining status of a ‘representative’ trade union in the State Security Service and has, as a result, the freedom to choose and assign its own delegates.

It should also be noted that the three aforementioned ‘traditional’ unions have been granted exemption from the quorum rule of 10% (TN0611028S). The legislator decided that the unions have a kind of generalised recognition status, as they are the only representatives of workers at national interdepartmental collective bargaining in the public sector (BE0611089I).

Commentary

No major signs indicate that occupational trade unions or associations which are independent of the three large trade unions are rising in strength or power. Nevertheless, it is significant that two such already known and active associations attracted considerable media attention during the summer months in Belgium.

Guy Van Gyes, Higher Institute for Labour Studies (HIVA), Catholic University of Leuven