Industrial conflict low but rising in 1999

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1999 saw a slight increase in industrial disputes in Spain after a period of relative peace, according to figures released in summer 2000. The reason for this increase seems to be a deterioration in job security and working conditions. Nevertheless, the level of conflict is still relatively low.

According to figures issued by the Ministry of Labour and Social Affairs (MTAS) in July 2000 (Boletín de Estadísticas Laborales), in 1999 there were 739 strikes involving 1,125,000 workers and 1,477,000 working hours lost. These three figures were all higher than in 1998. The number of workers involved had not been so high since 1994, whereas the number of working hours lost was similar to the average of 1995 and 1996 and slightly lower than the figure for 1997. There has therefore been a slight increase in industrial disputes after a period of relative peace. However, the level of industrial conflict is still low, as it has been since the general strikes of the first year in power of the conservative People's Party (Partido Popular, PP) government in 1994.

This contrasts with the high number of disputes during the 1980s and early 1990s, the whole period in which the Socialist Party (Partido Socialista Obrero Español, PSOE) was in power. Although the party in power is obviously not the only determining factor (nor the most important one in some cases), the level of industrial disputes must be related to the negoiating capacity of the government and the trade unions. Negotiations between the Socialist government and the Trade Union Confederation of Workers' Commissions (Comisiones Obreras, CC.OO) were difficult in the first years of Prime Minister Felipe González's government and the difficulties also extended to the General Workers' Confederation (Unión General de Trabajadores, UGT) as of 1986 (there were general strikes in 1988 and 1993). The conservative PP government, on the other hand, sought to negotiate with the trade unions from the beginning because of its narrow victory in the 1994 elections (it later gained an absolute majority in the 2000 elections).

Strikes in 1999

As in previous years, in 1999 there was a great increase in the number of strikes in the public sector and – with the exception of the services sector – a continuing decrease in the number of strikes in the private sector. There were disputes in the civil service (ES9907242N), in public transport (ES9912167N), education, health, and mining (which is mostly publicly owned) (ES9906235N). There were also disputes in the non-public companies in these sectors (ES0001269N), at Telefónica (ES9907243N) and in several privately-owned metalworking companies, such as Daewoo (ES9911164F).

The main framework of these disputes was no longer the process of collective bargaining. Many of the disputes were over redundancies, the alleged failure of companies to fulfil agreements or regulations (ES9903202N and ES9911263F), shorter working hours (ES9905129N) and conversion of temporary jobs into permanent ones (ES9906234N). There were also strikes over the high industrial accident rate, particularly in the construction sector (ES0004282F).

As has become habitual, most of the conflicts were not resolved through bargaining but through the decision of the trade unions, the workers' committees or the workers. Once a strike has started, there is little possibility of it being resolved by bargaining. This, however, does not mean that the demands of the workers are not satisfied through strikes, and this is an indication of their continuing utility.

Disputes without stoppages

The most interesting recent trend in industrial conflict is the increase in the number of disputes that do not involve stoppages but are taken to the system of mediation, arbitration and conciliation created by employers' organisations and trade unions (ES9705107F). The national Intersectoral Mediation and Arbitration Service (Servicio Interconfederal de Mediación y Arbitraje, SIMA) set up in early 1998 (ES9809181F), brokered twice as many agreements in 1999 as in the previous year, affecting 400,000 workers. Some 80% of the conflicts involved, in general at company level, involved the breakdown of bargaining and the interpretation and application of agreements. A third of the cases ended in agreement and 44% did not. This shows that such a mechanism can be of great use for solving legal disputes, especially over the interpretation of agreements or pacts.

Even more important are the services in most autonomous communities (region) which resolve conflicts at regional level (ES9909151F). In 1999, the regional services intervened in 1,695 conflicts affecting over 1 million workers and over 80,000 companies. Almost half of the conflicts referred to these services ended in agreements.

Commentary

In the past few years, three major trends have been seen in industrial disputes in Spain:

• a general decrease in disputes in comparison with the 1980s and early 1990s;

• an increase in the number of disputes that do not involve stoppages but are referred to mediation or conciliation procedures; and

• an increase in the number of disputes that do not arise in the framework of collective bargaining and that do not involve the subject of wages.

Several factors are involved in the decrease in the number of strikes and the increase in mediation and conciliation. The social partners, and particularly the trade unions, have become more inclined to seek agreements before resorting to industrial action. This has led to disagreement within the main trade union confederations, particularly in CC.OO, and the strong opposition of several minority trade unions, but CC.OO and UGT have a generally positive view of this strategy. This has been to a large extent forced by the fact that many temporary workers are unwilling to take industrial action due to their lack of job security, and that the few who have secure jobs are less willing to risk losing them. Workers in the public sector are more inclined to support their demands with stoppages because they are less likely to risk dismissal.

Although there are fewer disputes and their duration is shorter, they relate to more "qualitative" issues and often show solidarity with other workers by seeking better conditions of employment and recruitment, perhaps in response to the loss of employment quality in recent years. There have been very few general disputes – with or without stoppages – affecting a whole sector or a region. Solidarity is mainly shown towards those working in the same company rather than workers of different companies or different sectors.

The fact that many conflicts arise over employers' failure to fulfil agreements or regulations shows that striking is still a necessary instrument for dealing with abuses or exploitation which are not tolerable in modern society (Fausto Miguélez, QUIT-UAB).