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

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Cross-border social dialogue and agreements In maritime shipping, social partner group strategies are closely tied into the internal politics and global collective bargaining strategies of the unions’ and shipowners’ international associations. A curious brand of global trade unionism and industrial relations has emerged from the ITF’s Flag of Convenience (FOC) campaign. The FOC campaign began in 1948, when seafaring unions first took notice of attempts by some shipowners to “flag out” to developing countries with “flag of convenience” 4 ship registers. Since the 1970s, the campaign emphasis shifted from ending the FOC system completely to wage bargaining for FOC seafarers. Since 2001, it has involved explicit global industry-level wage bargaining for seafarers on FOC ships (Lillie, 2004). The leadership of the shipowners’ group has been closely associated with IMEC, and IMEC’s policy of detente with the ITF. Part way through the negotiations, an internal power struggle took place among the shipowners. A new “hard-line” leadership emerged for a time, which was no longer as close to IMEC, and was unsure whether it really wanted the MLC at all. In the end, hard-line shipowner strategies did not prevent the Convention from being signed, or result in significant modifications to the text. The shipowners’ group finished the MLC negotiations under its original conciliatory leadership. The disruption reveals factions created by the variable influence of the ITF flag of convenience campaign on different shipowners’ groups, and different understandings in the industry of how best to react to ITF pressure. Significance of the ILO Maritime Labour Convention, 2006 When the MLC comes into force, this will signal an important change in the way that global labour rights are governed in the maritime industry, but even more significantly it sets a precedent for labour rights and global governance generally. Although a logical continuation of current and ongoing developments, it codifies maritime shipping’s fundamentally new way of implementing labour standards. The MLC builds on maritime regulatory experiences from PSC; on the IMO’s 1995 Standards of Training, Certification and Watchkeeping convention and 4 Many shipowners prefer the term “open” register, but “flag of convenience” is probably the more commonly used term. 194
The ILO Maritime Labour Convention, 2006 – Lillie Table 8.1. Three labour standards regulatory paradigms Model National regulation Private business standards Maritime Labour Convention Political formulation mechanism Tripartite model negotiation of conventions, entry into force through ratifications. Picking and choosing existing international labour Conventions to adhere to. Driven by corporate strategy and the priorities of corporate social responsibility partners. Tripartite model, driven by coherent “insider” social partner group. Articulation mechanism Enforcement through shaming of national governments into implementing and enforcing in national law. Enforced through corporate human resource management policy, through pressure on suppliers, through the demands of marketing, and through relations with corporate social responsibility partners. Enforcement through fragmented state authority, building on top of existing maritime regulation: labour supply States, flag States, and port State Control. Enforcement problems Fragmented by uneven geographical application. Enforcement limited by sovereignty, insufficient monitoring capacity, and interstate competition for investment. Fragmented by uneven corporate application, limited by corporate enforcement in supply chains, effective application primarily limited to transnational corporations and suppliers. More comprehensive system than the others, with means of limiting geographical and intercompany fragmentation. Source: Author. related initiatives; and on the power relations in maritime industrial relations created by the ITF’s collective bargaining strategy, and capital’s responses to it. There are two established paradigms for articulation of the international labour standards regime into shop floor practice — national regulation and private business standards — with the MLC presenting a third (table 8.1). MLC is different from the traditional national regulation model in that it is based not only on the structure of the interstate system, but also on the structure of the maritime shipping business. Consistent with an 195
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CROSS-BORDER SOCIAL DIALOGUE AND AG
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Published by the International Inst
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Cross-border social dialogue and ag
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Contributors Dominique Bé, an econ
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Contributors Nathan Lillie is Assis
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Acronyms BWI Building and Wood Work
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Introduction Konstantinos Papadakis
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Introduction - Papadakis each with
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Introduction - Papadakis above. Thi
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Introduction - Papadakis role of co
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Chapter 1 International framework a
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International framework agreements:
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Chapter 3 International framework a
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International framework agreements
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Appendix
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