L. Hoangngoc et M. Lallement, DECENTRALIZATION OF COLLECTIVE-BARGAINING AND MANAGEMENT OF EMPLOYMENT RELATIONS IN FRANCE, Relations industrielles, 49(3), 1994, pp. 441-464
The 1982 Auroux laws in France served to bring unions and enterprises
closer together. Whereas historically labour relations had been based
on confrontation between a labour movement in which the ''revolutionar
y'' spirit had prevailed for a long time, and on a management which ha
d carefully avoided the introduction of collective bargaining in firms
, the 1980s were characterized by a significant move towards decentral
ization of negotiations to enterprises and establishments. In the firs
t part of this article, it is shown that, in fact, the Auroux laws con
tributed to this change: in 1981, barely 1500 enterprise - level agree
ments were registered in France; in 1992 there were 6370 such agreemen
ts. Nevertheless, it is worth pointing out three complementary phenome
na. First, the law related to employees' freedom of expression has had
limited success: according to a recent report, in reality groups for
self - expression seldom function and do so poorly. Weak union involve
ment and management participation policies (quality circles) have unde
niably contributed to weakening the interest in and importance of thes
e groups. Secondly, the growth of enterprise - level collective bargai
ning has not resulted in a decline in industry - wide agreements (thei
r number has remained stable throughout the decade); nor is their grow
th homogeneous (such agreements are increasingly the reality in large
industrialsector firms). Finally, the dynamic varies according to the
objects of negotiation. Hence, the following observations: a certain i
mportance given to salaries in negotiations at both the industry and e
nterprise levels, industry - level negotiation giving way to enterpris
e - level negotiation regarding work time; a renewal of energy though
the volume of agreements remains limited; and interprofessional indust
ry - and enterprise - level negotiations on the issue of employment. T
he aim of the second part of the article is, precisely, to evaluate th
e impact of negotiations on the management of employment relations in
two sectors that are at first glance opposites: this interest is based
on a study conducted by the two authors in which they examine the man
agement of redundant personnel in a sector in crisis (electronics) and
the management of labour shortages in a protected public sector (heal
th care). Firstly, during recent years programs have multiplied in the
electronics sector to deal with layoffs. In order to institute preven
tive action, in 1990 and 1991, the social actors established joint com
mittees on employment whose mission was to make forecasts of employmen
t in the industry in order to formulate ways to deal with the effects
of fluctuating employment (forecasts of movement of the workforce, est
ablishment of special training programs, and so on). In reality, for r
easons related as much to the desire of employers to bring back the ma
nagement of employment relations to the level of the enterprise as to
the difficulty in adjusting trade union structures to the reality of a
specific industry (electronics and not themetallurgical industry, whi
ch remains the usual framework for negotiations), these committees hav
e scarcely been effective. Furthermore, it was observed that there is
a real asymmetry between the enterprise (strategic level where importa
nt decisions about employment are made) and the establishments. Within
the latter, in spite of rights given to union organizations, they, as
well as the local administrations which are sometimes just as powerle
ss as themselves, can only negotiate the consequences of strategies el
aborated at the group and enterprise levels. Thus one of the major lim
itations of the policy of decentralization of industrial relations can
be clearly seen here. As regards the health care sector, its system o
f industrial relations is structured around a statutory logic regulati
ng recruitment, remuneration and employment of permanent personnel. Si
nce the hospital reforms of July 31, 1991, with a concern for democrat
ization similar to the one which was behind the Auroux laws, dialogue
between all actors can take place within a series of councils who are
responsible for both investment programs and internal regulations, etc
. The fact remains that in the case of electronics, decisions about th
e volume of employment are made at the central level (the Ministry): t
he volume of employment is thus a fact that the actors cannot negotiat
e because it is the result of political arbitration and certain financ
ial constraints. This weak union influence on determining factors of e
mployment policy was one of the reasons, among many others, for the em
ergence of new forms of collective action during the second half of th
e 1980s. During the conflicts that characterized this period, nurses a
nd auxiliary nurses went beyondunion and institutional channels of com
munication in aid of sectorial organizations. This was significant eac
h time, the conflicts having a direct impact on topics that normally c
annot be debated within the framework of joint committees: such is the
case of the level of employment, re-establishment of indexation and r
ecruitment terms. This is amply demonstrated in the two sectorial stud
ies that were conducted. These two case studies tend to show that in F
rance the movement towards decentralization not only increases the ten
dency to negotiate salary changes, management of work time, and so on
in a compartmentalized way, but also makes it more difficult for union
organizations to negotiate employment policy determinants at the ente
rprise level. Furthermore, beyond differences between the private and
public sectors that many researchers have rightly emphasized, it appea
rs to us that the two sectors examined continue to have certain common
characteristics which reflect quite well the difficulty experienced b
y the current French trade union movement in adapting itself structura
lly to the new social and economic context.