Representativeness of trade unions and employer associations in the sea fisheries sector - Spain

  • Observatory: EurWORK
  • Topic:
  • Employee representation,
  • Social partners,
  • Published on: 06 Marzec 2012



About
Country:
Spain
Author:
Institution:

The sea fisheries sector accounts for less than 1% of the total employment in Spain, having declined during the last few years. There are three representative employers’ organisations: CEPESCA, representing most of the deep-sea fishing employer’s organisations, although it also claims to represent inshore sea fishing employer’s organisations; FNCP, which represents fishing associations belonging to the inshore fisheries; and UNACOMAR, which represents fishing cooperatives. The unions, FSC-CCOO, TCM-UGT are representative at national level, with ELA and CIG being representative in the Autonomous Community of the Basque Country and Galicia, respectively. Nevertheless, no multi-employer agreement is currently in force.

1. Sectoral properties

Economic background

Fishing has traditionally been of great importance in Spain, although the sector currently accounts for less than 1% of the total employment, having lost almost 15,000 jobs in the last 10 years. The majority of fleets fish in Spanish waters, especially the inshore sea fleets. According to the 2010 Spanish census, 13,118 ships operate here while 554 fish outside. This is explained in more detail in a report on the Spanish rural economy (797 Kb PDF) by the Organisation for Economic Co-operation and Development (OECD) on the role of agriculture and farm household diversification in the rural economy of Spain.

Development of employment

Table 1: Sectoral properties
  1999 2009
Number of companies in the sector

0

0

Source of company data

please describe

please describe

     
Aggregate employment

63,916

47,751

Male employment

54,328

39,631

Female employment

9,589

7,982

Share of sectoral employment in %

0

0

Source of employment figures

Spanish Labour Force Survey. EPA

Spanish Labour Force Survey. EPA

Comment

We provide micro-data from LFS 2001 and 2008 instead of 1999 and 2009 (the only micro data currently available). To this regard, it must be borne in mind that the sector is defined according to NACE rev 1.1 classification code 05 (Fishing, fish farming and related service activities)

Aggregate employees

39,059

27,329

Male employees

36,487

25,432

Female employees

2,572

1,897

Share of sectoral employees in %

0

0

Comment

We provide micro-data from LFS 2001 and 2008 instead of 1999 and 2009 (the only micro data currently available). To this regard, it must be borne in mind that the sector is defined according to NACE rev 1.1 classification code 05 (Fishing, fish farming and related service activities)

2. The sector’s trade unions and employer associations

This section includes the following trade unions and employer associations:

(i) trade unions which are party to sector-related collective bargaining (In line with the conceptual remarks outlined in the background information included in the accompanying excel spreadsheet, we understand sector-related collective bargaining as any kind of collective bargaining within the sector, i.e. single-employer bargaining as well as multi-employer bargaining. For the definition of single- and multi-employer bargaining, see 4.2)

(ii) trade unions which are a sector-related member of the sector-related European Union Federation (i.e. ETF – European Transport Workers’ Federation)

(iii) employer associations which are a party to sector-related collective bargaining

(iv) employer associations (business associations) which are a sector-related member of the sector-related European Employer/Business Federations (i.e. EUROPECHE and COGECA – General Confederation of Agricultural Cooperatives in the European Union)

2a Overview of the industrial relations landscape in the sector

Please include a brief overview of the IR landscape in the sector (3-5 sentences) – summarising the most important features of industrial relations structures in the sector (based on the fact sheets – but without going into detail.)

Please also report here, whether the crisis had an impact on the sector’s relevant social partner organisations (e.g. mergers, emergence of new interest organisations, impact on membership structure, important social partner activities/achievements in the sector during the crisis etc.).

The most relevant social partners are: CEPESCA, representing the greatest share of the deep-sea fishing employer’s organisations, although it also claims to represent inshore sea fishing employer’s organisations; FNCP, which represents fishing associations belonging to the inshore fisheries; and UNACOMAR, which represents fishing cooperatives. As for the unions, FSC-CCOO, TCM-UGT are representative at national level, with ELA and CIG being representative in the Autonomous Community of the Basque Country and Galicia, respectively. No changes have occurred as a consequence of the financial crisis.

2b Data on the trade unions

Table 2: Union Fact sheet: Federation of Citizen Services of the Trade Union Confederation of Workers’ Commissions (FSC-CC.OO)
Affiliation to multinational organisations

n.a..

Affiliation to European-level organisations

European Transport Worker’s Federation (ETF)

Affiliation to national-level organisations

Please give full names (when listing the org. for the first time) and abbreviations.

Engagement in sector-related collective bargaining

no

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

TCM-UGT, ELA and CIG

 

2010

‘Active’ union members total (in employment)

n.a.

   
Union members (incl. non-employed), total

n.a.

   
 

2010

‘Active’ union members in the sector (in employment)

n.a.

   
Union members in the sector, total (incl. non-employed)

n.a.

   
Female membership as a % of total members

n.a.

Source of sectoral membership figures

Source

Union density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral domain density - active members

rough estimate - in case no 'exact' figures are available

   
Union density - total members

n.a.

   
Sectoral density - total members

n.a.

   
Sectoral domain density - total members

n.a.

   
Description of union's domain with regard to sector

It encompasses the whole sector as well as different services activities

Representation of other groups than employees in the sector

It represents all kind of employees as well as self-employed

Table 3: Union Fact sheet: Transport Communication and Sea Federation of the General Workers’ Confederation (TCM – UGT)
Affiliation to multinational organisations

The International Transport Workers' Federation (ITF)

Affiliation to European-level organisations

European Transport Worker’s Federation (ETF)

Affiliation to national-level organisations

no.

Engagement in sector-related collective bargaining

no

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

sectional overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FSC-CC.OO , ELA and CIG

 

2010

‘Active’ union members total (in employment)

n.a.

   
Union members (incl. non-employed), total

325.000

   
 

2010

‘Active’ union members in the sector (in employment)

n.a.

   
Union members in the sector, total (incl. non-employed)

n.a.

   
Female membership as a % of total members

20%

Source of sectoral membership figures

Social Partner estimate

Union density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral domain density - active members

rough estimate - in case no 'exact' figures are available

   
Union density - total members

n.a.

   
Sectoral density - total members

n.a.

   
Sectoral domain density - total members

n.a.

   
Description of union's domain with regard to sector

It encompasses the whole sector as well as transport and communication activities

Representation of other groups than employees in the sector

It represents all kind of employees as well as self-employed

Table 4: Union Fact sheet: Basque Workers’ Solidarity (ELA Hainbat)
Affiliation to multinational organisations

n.a.

Affiliation to European-level organisations

European Transport Worker’s Federation (ETF)

Affiliation to national-level organisations

no

Engagement in sector-related collective bargaining

no

Type of membership

voluntary

Consultation in sector related matters

yes

Union's domain with regard to sector

sectional overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

TCM-UGT, FSC-CCOO

 

2010

‘Active’ union members total (in employment)

n.a.

   
Union members (incl. non-employed), total

22,937

   
 

2010

‘Active’ union members in the sector (in employment)

n.a.

   
Union members in the sector, total (incl. non-employed)

n.a.

   
Female membership as a % of total members

n.a.

Source of sectoral membership figures

Social Partner estimate

 
Union density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral domain density - active members

rough estimate - in case no 'exact' figures are available

   
       
Union density - total members

n.a.

   
Sectoral density - total members

n.a.

   
Sectoral domain density - total members

n.a.

   
Description of union's domain with regard to sector

It encompasses the whole sector in the Basque Country as well as chemicals, transport, paper, graphical arts, energy, mass media, telecommunications and construction sectors in the same region. Therefore it is sectional overlap

Representation of other groups than employees in the sector

It represents all kind of employees as well as the self-employed

Table 5: Union Fact sheet: Services Federation of Galician Interunion Confederation (FGMAT-CIG)
Affiliation to multinational organisations

The International Transport Workers' Federation ITF

Affiliation to European-level organisations

European Transport Worker’s Federation (ETF)

Affiliation to national-level organisations

no

Engagement in sector-related collective bargaining

no

Type of membership

voluntary

Consultation in sector related matters

yes

Union's domain with regard to sector

sectional overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FSC-CCOO and TCM-UGT

 

2010

‘Active’ union members total (in employment)

8,004

   
Union members (incl. non-employed), total

9,309

   
 

2010

‘Active’ union members in the sector (in employment)

843

   
Union members in the sector, total (incl. non-employed)

1,084

   
Female membership as a % of total members

39%

Source of sectoral membership figures

Social Partner estimate

Union density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral density - active members

rough estimate - in case no 'exact' figures are available

   
Sectoral domain density - active members

rough estimate - in case no 'exact' figures are available

   
Union density - total members

n.a.

   
Sectoral density - total members

n.a.

   
Sectoral domain density - total members

n.a.

   
Description of union's domain with regard to sector

It encompasses the whole sector in Galicia as well as food, textile, transport and telecommunications sectors in the same region. Therefore it is sectional overlap

Representation of other groups than employees in the sector

It represents all kinds of employees and the self-employed

2c Data on the employer associations

Table 6: Employers’ organisation Spanish Fishing Confederation (CEPESCA)
Affiliation to multinational organisations

MEDISAMAK, International Coalition of Fisheries Association (ICFA)

Affiliation to European-level organisations

EUROPECHE

Affiliation to national-level organisations

CEOE

Engagement in sectoral-related collective bargaining

no

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.a.

  2010
Number of member companies, total

1,625

   
Number of employees in member companies, total

21,300

   
  2010
Number of member companies in sector

1,600

   
Number of employees in member companies in sector

21,000

   
Source of membership figures

Social Partner estimate

Domain density - companies

rough estimate:

   
Sectoral density - companies

rough estimate:

   
Sectoral domain density - companies

rough estimate:

   
Domain density - employees

rough estimate:

   
Sectoral density - employees

rough estimate:

   
Sectoral domain density - employees

rough estimate:

   
Description of organisation's domain with regard to sector

Marine fishing sector

Representation of particular subgroups of enterprises

It represents fishing employer's organisations

Table 7: Employers’ organisation National Federation of Fisherman’s Association (FNCP)
Affiliation to multinational organisations

n.a.

Affiliation to European-level organisations

EUROPECHE

Affiliation to national-level organisations

n.a.

Engagement in sector-related collective bargaining

no

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.a.

  2010
Number of member companies, total

n.a.

   
Number of employees in member companies, total

n.a.

   
  2010
Number of member companies in sector

225

   
Number of employees in member companies in sector

n.a.

   
Source of membership figures

Social Partner estimate

Domain density - companies

rough estimate:

   
Sectoral density - companies

rough estimate:

   
Sectoral domain density - companies

rough estimate:

   
Domain density - employees

rough estimate:

   
Sectoral density - employees

rough estimate:

   
Sectoral domain density - employees

rough estimate:

   
Description of organisation's domain with regard to sector

Marine fishing sector

Representation of particular subgroups of enterprises

It just covers fishermen's associations

Table 7: Employers’ organisation: National Union of Sea Cooperatives (UNACOMAR)…
Affiliation to multinational organisations

MEDISAMAK

Affiliation to European-level organisations

COCEGA

Affiliation to national-level organisations

CEPES

Engagement in sectoral-related collective bargaining

no

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.a.

  2010
Number of member companies, total

200

   
Number of employees in member companies, total

10,000

   
  2010
Number of member companies in sector

200

   
Number of employees in member companies in sector

10,000

   
Source of membership figures

Social Partner estimate

Domain density - companies

rough estimate:

   
Sectoral density - companies

rough estimate:

   
Sectoral domain density - companies

rough estimate:

   
Domain density - employees

rough estimate:

   
Sectoral density - employees

rough estimate:

   
Sectoral domain density - employees

rough estimate:

   
Description of organisation's domain with regard to sector

Marine fishing sector

Representation of particular subgroups of enterprises

It just covers fisher man's cooperatives

3. Inter-associational relationships

3a Inter-union relationships

3a.1 Please list all trade unions covered by this study whose domains overlap.

TCM-UGT

FSC-CCOO

ELA Hainbat

FGMAT-CIG

3a.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?

None is known.

3a.3 If yes, are certain trade unions excluded from these rights?

Those excluded are trade unions with a representativeness of less than 10% at national level and 15% at regional level. All the unions included in the study reach the represesentativeness criteria

UGT: most representative at national level

CCOO: most representative at national level

ELA: most representative at regional level

CIG: most representative at regional level

3b Inter-employer association relationships

3b.1 Please list all employer associations covered by this study whose domains overlap.

There are no organisations which overlap.

3b.2 Do rivalries and competition exist among the employer associations, concerning the right to conclude collective agreements and to be consulted in public policy formulation and implementation?

None is known.

3b.3 If yes, are certain employer associations excluded from these rights?

Those excluded are employer associations that have a representativeness of less than 10% at national level and 15% at regional level. All the employer’s organisations included in the study fulfil the represesentativeness criteria

CEPESCA: representative in the sector

FNCP: representative in the sector

UNACOMAR: representative in the sector

3b.4 Are there large companies or employer associations which refuse to recognise the trade unions and refuse to enter collective bargaining?

None is known

4. The system of collective bargaining

4.1. Estimate the sector’s rate of collective bargaining coverage (i.e. the ratio of the number of employees covered by any kind of collective agreement to the total number of employees in the sector).

The only way the collective bargaining rate can be calculated is by combining data from the Labour Force Survey (EPA) and the Official Statistics of the Labour Ministry (MTI). However, it is not possible to estimate the collective bargaining coverage for the sector of marine fishing because the statistics provided by the Ministry of Labour and Immigration include only data on the employees covered by collective bargaining relating to two digits NACE code.

Bearing this in mind, the following table presents the coverage rate for the fishing and aquaculture sector (NACE rev. 2.2 code 03). Figures shown here are for 2009, as 2010 figures for the annual average of employees per branch of activities is not available.

Table 8 Employees (annual average) and employees covered by agreements in the fisheries sector NACE rev. 2.2 2009
 

Employees, INE-EPA 2009

Employees Employees covered by agreements from 2005 to 2009 Rate of collective bargaining (estimated %)

03 Fishing and aquaculture

27,329

.

2,475

9%

4.2. Estimate the relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered. (Multi-employer bargaining is defined as being conducted by an employer association on behalf of the employer side. In the case of single-employer bargaining, it is the company or its subunit(s) which is the party to the agreement. This includes the cases where two or more companies jointly negotiate an agreement.)

According to the MTI Official Statistics which record all the agreements since 2005, there were, as at December 2010, 2 multi-employer agreements covering 2,090 employees and 2 company agreements affecting 157 employees. However, it must be borne in mind that statistics provide data for the whole sector, defined as code 03 according to NACE classification rev. 2, thus including activities such as ‘aquaculture’ (code 03.2) which this study does not take into account.

4.2.1. Is there a practice of extending multi-employer agreements to employers who are not affiliated to the signatory employer associations?

Yes.

4.2.2. If there is a practice of extending collective agreements, is this practice pervasive or rather limited and exceptional?

Pervasive.

4.3. List all sector-related multi-employer wage agreements* valid in 2008 (or most recent data), including for each agreement information on the signatory parties and the purview of the agreement in terms of branches, types of employees and territory covered.

* Only wage agreements which are (re)negotiated on a reiterated basis.

According to the social partners consulted who responded to the questionnaire (CEPESCA, TCM-UGT and FGMAT-CIG), no multi-employer agreement is currently in force. Nevertheless, it is worth noting that in the sub sectors of freezer trawlers and cod trawlers there are two arbitration awards because the unions and the employers’ organisations were not able to reach an agreement..

4.4. List the sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2008 (or most recent data), including for each agreement information on the signatory parties and the purview of the agreement in terms of branches, types of employees and territory covered. Importance is measured in terms of employees covered.

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? If yes, which associations?

According to TCM-UGT, they have been consulted regarding the impact of the European fishing legislation. Moreover, there is a tripartite body for dealing with social and labour issues of the sector where the unions UGT, CCOO, ELA, CIG and the Spanish Confederation of Employers' Organisations (CEOE) –representing the employer’s organisations of the sector- participate.

5.2. Do tripartite bodies dealing with sector-specific issues exist? If yes, please indicate their domain of activity (for instance, health and safety, equal opportunities, labour market, social security and pensions etc.), their origin (agreement/statutory) and the interest organisations having representatives in them:

.

Table 9: Sector-specific public policies*
Name of the body and scope of activity Bipartite/tripartite Origin: agreement/statutory Trade unions having representatives (reps) Employer associations having reps.

Navy Social Institute (Insituto Social de la Marina

tripartite

It is a body which belongs the Ministry of Labour, and oversees labour issues in the fisheries sector

CCOO, UGT, CIG, ELA

CEOE

* Sector-specific policies specifically target and affect the sector under consideration.

6. Statutory regulations of representativeness

6a Statutory regulations of representativeness for trade unions

6a.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? If yes, please briefly illustrate these rules and list the organisations which meet them.

The main criterion for determining the representativeness of trade unions is their electoral audience. Only the ‘most representative’ trade unions at the national level and the representative trade unions in the sector are entitled to conclude sectoral collective agreements or to participate in tripartite bodies. The ‘most representative’ status is assigned to trade unions that cover a minimum of 10% of union representatives at national level or 15% at regional level, while the ‘representative’ status is assigned to trade unions with a minimum of 10% of representatives of the sector at the national level or 15% of the sector at the regional level. Bearing this in mind, the representativeness of trade unions is as follows:

UGT: most representative at national level

CCOO: most representative at national level

ELA: most representative at regional level

CIG: most representative at regional level

6a.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? If yes, please briefly illustrate these rules and list the organisations which meet them.

As 6a1.

6a.3 Are elections for a certain representational body (e.g. works councils) established as criteria for trade union representativeness? If yes, please report the most recent electoral outcome for the sector.

Yes – the main criterion for trade union representativeness is the proportion of representatives, such as work council members or labour delegates

According to TCM-UGT, they obtained 32.71% of representatives in Spain (34 representatives)

According to FGMAT-CIG, they obtained 31.3% of representatives in Galicia, (36 representatives).

6b Statutory regulations of representativeness for employer organisations

6b.1 In the case of the employer organisations, do statutory regulations exist which establish criteria of representativeness which an organisation must meet, so as to be entitled to conclude collective agreements? If yes, please briefly illustrate these rules and list the organisations which meet them.

Only the ‘most representative’ employer organisations and the representative employer organisation in the sector are entitled to conclude collective agreements or participate in tripartite bodies. The most representative employer organisations are those that cover a minimum of 10% of employers and 10% of workers affected at national level or 15% of employers and workers at regional level. The representative employer organisations are those that cover a minimum of 10% of employers and 10% of workers affected of the sector national level or 15% of employers and workers of the sector at the regional level.

6b.2 In the case of the employer organisations, do statutory regulations exist which establish criteria of representativeness which an organisation must meet, so as to be entitled to be consulted in matters of public policy and to participate in tripartite bodies? If yes, please briefly illustrate these rules and list the organisations which meet them.

As 6b.1

6b.3 Are elections for a certain representational body established as criteria for the representativeness of employer associations? If yes, please report the most recent outcome for the sector.

No

7. Commentary

Collective bargaining is not effective in the sector, in spite of the existence of employers’ organisations and trade unions. There has never been a national multi-employer agreement, and regional or provincial multi-employer agreements (such as those in the region of Cantabria or the province of Cadiz) are currently not in force. Moreover, when social partners have attempted to conclude a multi-employer agreement at national level, as in the sub-sectors of freezer trawlers and cod trawlers, they have not managed to reach consensus and have been forced to seek arbitration. No problems regarding representativeness have been identified. All the unions included have the status of ‘most representative’ either at national or regional level, while the employer’s organisations are representative in the sector.

Pablo Sanz de Miguel, CIREM Foundation

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