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

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Cross-border social dialogue and agreements<br />

IFAs and codes of conduct<br />

The distinction between codes of conduct and IFAs is sometimes<br />

ignored or blurred. For example, a list of IFAs established by the Friedrich<br />

Ebert-Stiftung, in 2002, is called the “List of Codes of Conduct/Framework<br />

Agreements”, as if they were interchangeable. A footnote says:<br />

“Some GUFs call the agreements ‘Framework Agreements’, not Code of<br />

Conduct, because there had been only a few principles fixed in the first<br />

agreement which often have been extended by additional agreements. For<br />

instance in the case of Danone the first agreement of 1988 has meanwhile<br />

been developed by six other agreements”. This is, of course, not true. Neither<br />

the IUF nor anyone else ever called the Danone agreement a code of<br />

conduct, nor did anyone ever suggest that a code was in any sense<br />

stronger than a framework agreement. A similar list, by SASK, the<br />

Finnish trade union development agency, in 2005, is also headed Codes<br />

of Conduct/Framework Agreements, with a similar footnote.<br />

A positive article about IFAs in the IMF journal Metal World (Nilsson,<br />

2002) introduces the subject by referring to IFAs “or Codes of Conduct,<br />

as they were formerly called” and goes on to say that IFAs were<br />

called codes of conduct “before that expression was compromised”. The<br />

article later correctly points out some of the fundamental differences<br />

between codes and IFAs, but the fact is that IFAs were never called codes<br />

and that the concept of codes was compromised from the beginning as a<br />

management-driven public relations exercise.<br />

The ICFTU and some GUFs have developed “model codes of conduct”<br />

as potential stepping stones to IFAs or for lack of a better alternative.<br />

But some analysts have pointed out with reason, that:<br />

32<br />

With this voluntary initiative by management to implement social policy<br />

rules as business principles, weak unions and workers’ representatives will<br />

tend to have little say in taking this further to a framework agreement that<br />

commits both management and unions. There is reason to consider this a<br />

barrier to adopting global agreements that commit both management and<br />

unions, and thus a hinder for trade union recognition (Tørres and<br />

Gunnes, 2003, p. 45).<br />

On the subject, these authors also note:<br />

Codes of conduct covering issues of social responsibility are becoming<br />

more frequent. However, the extent to which this is facilitating improved<br />

communications and dialogue between employees and management is<br />

more doubtful. … There is … a danger that codes are seen as something

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