Sapa EWC meeting September 23, 2013

Sitges, Catalonia Spain

Jørgen Kaurin, advisor at Fellesforbundet

Jørgen Kaurin, Fellesforbundet

Norway - EWC coordinator

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SAPAs EWC agreement

- Signed September 24, 2013

- EU directive +++

- Interim Extra

- 2013-2016

- WC represents in negotiations.

- Needs 50+ %

- OK, no need to change

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Interim Extra:

- 12 extra delegates

- Two (2) meetings in 2014

- 2015: Agree on extra meeting. Agreed:

- 2 meetings in 2015, one with the 12 extra

- 30 delegates OK, but work for two meetings

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Election/nomination of

representatives

- Election in the company???

- Representatives + deputy

- According to national legislation!

- Check with your trade union!

- Continuity!

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The agreement on election:

• Election in accordance with national laws

and practises

• Election period three years - but overrun by

national laws.

• Must be employed

• Represents all colleagues in his/hers country

• Protection – WC to be informed in advance

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Annex 2: Composition

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Country Reps Interim XtraAustria 1

Belgium 2 1

Denmark 2

France 2 2

Germany 2 2

Hungary 2

Italy 2 2

Norway 1

Poland 2 1

Portugal 1 1

Romania 1

Slovakia 1

Spain 2 1

Sweden 2

UK 2 2

Netherlands 1

Sum 26 12

Board 2

Observers 2

Total 30

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What is an EWC

- To ensure european workers right to

information and consultation

- Based on EU directive, first from 1994,

recast in 2009, as Directive 2009/38/EC

- Agreement between a company and its

European workers

- 1000+ EWCs at present

- Subsidiary requirements (minimum rules)

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Agreement recommended:

- Higher number of delegates (30+12 instead

of 15) and number of meetings.

- Intention from management+tradition in

companies. ”Nordic” agreement

- Clear role for WC

- Link board members and EWC

- Protection of members

- Exceptional circumstances procedures

- Operative from Day one (OK, day 21)10

Sidestep: Board representation

• Separate and independent from EWC!

• One-pillar system: Active board.

• Norwegian company law: Board level

representation at group level, in Sapa’s case 2

members + 1 observer.

• Opens for not only Norwegian employees, but

here limited due to language etc.

• Offered 2+2: Sapa and Hydro 1+1, and

No&Se 1+1. Decided by Norwegian Industrial

Board in June.11

0: Legal basis and Purpose

• Directive 2009/38 as incorporated in

Norwegian law

• Facilitate and encourage a good dialogue

and cooperation between the management

and the employee representatives on

transnational issues in Europe;

• Encourage an open, two-way dialogue.

• etc

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1: Scope

• Sapa Groups European companies as in

list in attachment 1

• Controlled by Sapa

• Management attendance

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2: Composition

• In attachment (instead of automatic rule,

gives some leeway)

• Principle >100 = 1, >500=2

• Max number 30

• In interim period 2014&2015 12 extra,

ensuring companies with both ex-Hydro and

ex-Sapa are represented

• Presently 26+12 – plus Board reps.

• Attachment 2 + 3

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2 Composition (II)

• Deputy - make sure you are represented!

• Board members and observers are allowed to

attend, but not to vote.

• The EWC elects its chair

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3: Rules for EWC delegates:

• Election in accordance with national laws

and practises

• Election period three years - but overrun by

national laws.

• Must be employed

• Represents all colleagues in his/hers country

• Protection – WC to be informed in advance

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4: Working Committee

• 3 EWC member plus 2 Board members = 5

• Elects its chair

• …ensure the flow of information and other

tasks mandated to it

• Up to three years, as long as EWC-rep or

Board rep

• Two meetings per year, more with written

consent of management

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4.4: Working Committee (II)

• The working language of Sapa AS is

English. All members of the Working

Committee shall as a main rule be able to

work in English.

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5 Tasks of the EWC

matters of general importance relating

to European transnational challenges

at corporate level

• working environment – health, safety and

environmental issues

• the structure of the Group

• the economic and financial situation

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5 Tasks of the EWC (II)

• expected developments in regard to activities,

production and sales, the employment situation and

the probable trends

• investments

• significant changes in the organisation of the group

at corporate

• introduction of new working methods or production

processes

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5 Tasks for the EWC (III)

• plans for transferring production, mergers, de-

mergers, cut-back, complete or partial plant closures

• large-scale redundancies

• Training of employees…

• This list is not exhaustive, and may be extended

• Matters which do not have a significant

transnational nature shall not be dealt with in the

EWC or at meetings.

• Not questions relating to salaries, compensation or

benefits.

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5.4 Exceptional circumstances

Tasks of the EWC and WC in exceptional

circumstances:

- when

- who

- how

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5.4 Exceptional circumstances text:

In exceptional transnational circumstances that will materially

affect the interests of the employees, particularly relocation or

closure of establishments or collective redundancies, for the

purpose of information and consultation process as defined in

article 2 of the EU Directive 2009/38/EC, an unanimous Working

Committee may ask for a meeting with the Central Management

or, with its consent, other appropriate management level that has

independent authority to decide the matter. If conducted, such

meeting shall be held in accordance with the Norwegian

implementation of the EU Directive 2009/38/EC, including the

regulations § 6, no 2. In the process, care should be taken to both

at fulfilling obligations at national level, and at European level to

inform and consult with the EWC through its Working

Committee.

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5.4: When:

Circumstances that will materially affect

(relocation, closures, collective redundancies

Information and consultation as in art 2 of EU

Directive 2009/38 = Early, before decision!

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5.4: Who

• The working committee to meet with

management

• including EWC reps from affected

country/ies Cf N regulation § 6 no 2:

“…the members of the EWC who represent the

establishments directly affected by the

planned measures may also be present”

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5.4 How (I): Information

…transmission of data by the employer to the

employees’ representatives in order to enable them

to acquaint themselves with the subject matter and

to examine it: Information shall be given at such

time, in such fashion and with such content as are

appropriate to enable employees’ representatives to

undertake an in-depth assessment of the possible

impact, and where appropriate, prepare

consultations with the competent organ …

2009/38 art 2 f)

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5.4 How (II) - Consultation

...means the establishment of dialogue and exchange

of views between employees’ representatives and

central management or any more appropriate level of

management, at such time, in such fashion and with

such content as enables employees’ representatives

to express an opinion on the basis of the information

provided about the proposed measures to which the

consultation is related, without prejudice to the

responsibilities of the management, and within a

reasonable time, which may be taken into account

within Community-scale undertaking or Community-

scale group of undertakings.27

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Such a meeting must be held as quickly as possible

on the basis of a report from the management. At

the end of the meeting or as quickly as possible

thereafter, the EWC/working committee is entitled

to submit a statement regarding the report. The

statement shall be placed with the case documents

for further discussion unless there are specific

reasons for which this is not possible.

5.4 How (III): Norwegian regulation § 6,

no 2, last part:

6 The EWC working method (I)

• One per year - but two in 2014 and possibly

2015 - and thereafter??

• Day 1, first half: Separate EWCreps only

• Day 1, second half: Meeting EWC with

management

• Day 2: Open: Further meetings with

management, in separate Business Area

Break-out sessions, EWC alone debrief etc.

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6 The EWC working method (II)• Interpretation

• Agenda in English distributed 1-2 weeks

before meeting

• WC+Management to develop agenda

• Management to invite

• Meeting between EWC&mngmt to be led by

employee OR management

• Management is secretary.

• WC chair to comment on minutes before

distribution30

6 The EWC working method (III)

Resources:

• Each EWC member has the duty to report

back at national level, and must be provided

with the necessary time and resources to do

so.

• The EWC members are entitled to necessary

training

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8 Confidentiality

• Non-disclosure agreement, in annex 4

• To be signed

• It shall be explained why and for how long

the information is confidential

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9 Term, renegotiation

• Valid 3 years from signing

• 3 months notice for renegotiation or

termination

• If not, automatically renewed

• WC represents during renegotiations

• A majority of EWC members must sign to

make new agreement valid

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10: Language, legal venue

• Legal venue is Norway.

• Norwegian Industrial Democracy Board.

• Existing national arrangements for

information/consultation prevails

• All are to sign. Immediately valid - elect

accordning to it.

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Attachments:

1: Countries and companies.

2: Compostion of the EWC

3: Extra representatives and meetings in an

interim period

4: Non-disclosure agreement

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