CROSS-BORDER SOCIAL DIALOGUE AND AGREEMENTS: An ...

International framework agreements in the context of global production – Hammer
EADS support lifelong learning. Another interesting area concerns provisions
on the social and employment implications of corporate restructuring
which primarily involve the anticipation of changes and consultation
with trade unions. While Arcelor commits to seriously considering
alternative proposals to restructuring and EdF offers more than the legal
minimum in the case of mass layoffs, the 1997 Danone-IUF agreement
on restructuring still includes the most wide-ranging provisions of
this kind.
On the fourth level, IFAs often refer to private standards such as
Social Accountability 8000 (Carrefour), ISO 14001 from the International
Organization for Standardization (SKF, EdF), the Max Havelaar
label (Carrefour) or the Joint Statement on Corporate Social Responsibility
between EuroCommerce and UNI-Europa Commerce (H&M). In
addition, the MNCs’ own codes of conduct are often taken into account,
indicating that in some cases at least, IFAs have been drawn up on the
back of such codes.
What the above provisions establish is a complex multi-level system
of substantive references. Fundamental human and labour rights that are
rooted in multilateral treaties are focused on MNCs and their value
chains. These rights, however, only serve as a minimum platform, and —
in line with a subsidiarity logic — leave considerable space to national
and private provisions. With regard to an emerging basis for transnational
collective bargaining, what is important is that many IFAs refer not only
to national and industry minimum standards — provisions in line with
the local job market, etc. — but also establish a link to national legislation
and collective agreements. Thus, dealing with the regulatory void at
(inter-)governmental level, IFAs affirm minimum standards and create a
multi-level terrain of social and labour rights within MNCs and their
value chains. The crucial point in this system, however, is that enforcement
of those rights relies on union organization and capacity.
Implementation and monitoring
In addition to the substantive issues included in IFAs, the procedural
provisions are another area where bargaining-type aspects, for
example in the sense of regular consultation and monitoring of the agreement,
come through. In this section three aspects central to implementation
and monitoring processes are distinguished: the actual institutions
and practices for implementation and monitoring; the kinds of obliga-
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