METALWORKERS' PACT MAY SPUR BROADER LABOR

UNCLAS SECTION 01 OF 02 ROME 002177 SIPDIS DOL FOR ILAB/BRUMFIELD DEPARTMENT FOR DRL/IL AND EUR/WE E.O. 12958: N/A TAGS: ELAB ECON ECON IT IT ELAB SUBJECT: METALWORKERS' PACT MAY SPUR BROADER LABOR FLEXIBILITY UNCLASSIFIED PAGE 02 ROME 02177 01 OF 02 161244Z REF: ROME 1889 ¶1. SUMMARY: A NEW SECTORAL LABOR CONTRACT FOR ITALY'S METALWORKERS HAMMERED OUT MAY 8 HAS REVERBERATED ACROSS THE BUSINESS AND LABOR LANDSCAPE. BOTH ITS CONTENT AND NEGOTIATION ARE IMPORTANT STEPS FORWARD IN MODERNIZING TRADITIONAL PRACTICES AND POLICIES THAT HAVE LONG BEDEVILED THE ITALIAN ECONOMY. LABOR'S SPLIT OVER THE PACT HAS RENEWED CALLS BY THE SECTOR'S LARGEST, MOST MILITANT FEDERATION FOR LEGISLATION REQUIRING VERIFICATION OF UNIONS' ACTUAL REPRESENTATION WITHIN A SECTOR. AT A MINIMUM, THE PACT OFFERS AT LEAST ONE INDUSTRIAL SECTOR THE PROSPECT OF RELAXING THE RIGID NATIONAL CONTRACTS THAT HAVE STIFLED WAGE FLEXIBILITY AND LIMITED PRODUCTIVITY GAINS, TWO FREQUENT DRAGS ON ITALIAN COMPETITIVENESS. MOREOVER, ITS INNOVATIVE PROVISIONS MAY CARRY OVER AS PRECEDENTS INTO RENEGOTIATION THIS SUMMER OF ITALY'S GLOBAL PACT GOVERNING COLLECTIVE BARGAINING AGREEMENTS, A PROSPECT THAT HAS THE THREE MAIN LABOR CONFEDERATIONS WRESTLING OVER THE SHAPE OF THEIR FUTURE RELATIONSHIP WITH MANAGEMENT. ¶2. FEDERMECCANICA, THE METAL MANUFACTURERS' ASSOCIATION, SIGNED A NEW SECTORAL CONTRACT WITH TWO OF ITALY'S THREE PRINCIPAL METALWORKER FEDERATIONS MAY 8. THE NEW CONTRACT HAS BEEN HAILED AS AN INNOVATIVE DEPARTURE FROM PAST SECTORAL AGREEMENTS. THE SPECIFICS SUPPORT THAT ASSESSMENT, IN THAT THE CONTRACT: - REPLACES RIGID WAGE INDEXATION TO GOVERNMENT INFLATION PROJECTIONS WITH A SET OF PRE-NEGOTIATED ADJUSTMENTS DERIVED UNCLASSIFIED PAGE 03 ROME 02177 01 OF 02 161244Z FROM CURRENT INFLATION ESTIMATES; - CREATES A NEW LABOR-MANAGEMENT COUNCIL TO MANAGE TRAINING AND OTHER LABOR SERVICES WITHIN THE SECTOR; - AUTHORIZES OVERHAUL OF A 30-YEAR POSITION CLASSIFICATION SYSTEM, WITH THE IDEA OF ELIMINATING A RIGID 7-TIER STRUCTURE IN FAVOR OF MORE FLEXIBLE SYSTEM OF PAY 'BANDS." THE CONTRACT ALSO INCLUDES PROVISIONS THAT WILL PERMIT LOCAL/REGIONAL BONUSES FOR PRODUCTIVITY INCREASES; PRIOR CONTRACTS REQUIRED THE MAIN PORTION OF PRODUCTIVITY BONUSES TO BE APPORTIONED NATIONALLY TO ALL SECTORAL WORKERS. ¶3. NOT SURPRISINGLY, THE PACT'S MOST INNOVATIVE PROVISIONS FUELED FURTHER DISCORD AMONG THE UNION CONFEDERATIONS. THE DEAL PROVOKED AN ANGRY REBUTTAL FROM FIOM, THE LARGEST METALWORKERS FEDERATION (WITH SOME 30% OF ALL EMPLOYEES IN THE SECTOR, AND OVER HALF OF UNIONIZED WORKERS, ON ITS ROLLS). FIOM'S PARENT CONFEDERATION, CGIL, IS ITALY'S LARGEST AND MOST MILITANT TRADE UNION CONFEDERATION. IT HAS LONG OPPOSED ANY CHANGES TO ITALY'S TRADITIONAL PRACTICE OF NATIONAL CONTRACTS THAT SET WAGES, BONUSES AND WORK CONDITIONS FOR ALL WORKERS, FEARING THEY WOULD ERODE WORKERS' WAGES/LIVING STANDARDS AS EMPLOYERS SHOP FOR THE LOWEST POSSIBLE LABOR COSTS IN THE COUNTRY. THE OTHER CONFEDERATIONS' AGREEMENT TO THE CONTRACT NOT ONLY LEAVES FIOM/CGIL STANDING ALONE IN PRINCIPLE; IT ALSO LEAVES THE FEDERATION CONFRONTING A LEGALLY-BINDING CONTRACT THAT APPLIES TO ITS MEMBERS AS WELL. ¶4. ALTHOUGH ITALY'S CONSTITUTION UPHOLDS THE CONCEPT OF UNCLASSIFIED PAGE 04 ROME 02177 01 OF 02 161244Z COLLECTIVE REPRESENTATIVE CONTRACTS THAT APPLY TO ALL WORKERS IN A SECTOR, PARLIAMENT HAS NEVER ADOPTED LEGISLATION TO IMPLEMENT THE PRINCIPLE IN PRACTICE. AS A RESULT, THE JUDICIARY STANDS AS SOLE ARBITER OF WHETHER A CONTRACT IS VALID AND "REPRESENTATIVE." PAST RULINGS GENERALLY HAVE DEEMED LABOR AGREEMENTS NEGOTIATED AND SIGNED BY UNIONS AFFILIATED WITH THE MAIN CONFEDERATIONS, EVEN IF THEY REPRESENT A MINORITY OF WORKERS, AS REPRESENTATIVE AND APPLICABLE TO ALL WORKERS IN THE SECTOR. FIOM/CGIL IS EXPECTED TO EMPLOY DECIDEDLY ITALIAN TACTICS TO CONFRONT THE "IMPOSED CONTRACT," NOISILY STRIKING TO PROTEST THE NEW PACT'S PROVISIONS AND THREATENING TO CHALLENGE LEGALLY ITS APPLICABILITY WHILE ITS MEMBERS QUIETLY POCKET THE WAGE INCREASES (WHICH IT CLAIMED WERE INADEQUATE) PROVIDED UNDER THE AGREEMENT. ¶5. EMPLOYERS ARE PLEASED, VIEWING THE AGREEMENT AS THE FIRST PRACTICAL MANIFESTATION OF THE OTHER TWO UNION CONFEDERATIONS' COMMITMENT TO A NEW TYPE OF LABOR-MANAGEMENT COOPERATION. THAT COMMITMENT WAS FIRST AGREED BY THE GOVERNMENT, THE TWO CONFEDERATIONS AND EMPLOYERS IN LAST SUMMER'S "PACT FOR ITALY," A BROAD STATEMENT OF PRINCIPLES THAT FIRST SPLIT THE THREE LABOR CONFEDERATIONS (WITH CGIL REFUSING TO SIGN AND STRIKING IN PROTEST). EMPLOYERS' UNCLASSIFIED UNCLASSIFIED PTQ9032 PAGE 01 ROME 02177 02 OF 02 161244Z ACTION DRL-01 INFO LOG-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 INL-00 DODE-00 ITCE-00 DOTE-00 ANHR-00 SRPP-00 EB-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00 INR-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 G-00 SAS-00 /008W -------------- 66324C 161319Z /38 R 161242Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC 9959 DEPT OF LABOR WASHDC INFO LABOR COLLECTIVE EUROPEAN POLITICAL COLLECTIVE AMCONSUL MILAN AMCONSUL FLORENCE AMCONSUL NAPLES UNCLAS SECTION 02 OF 02 ROME 002177 SIPDIS DOL FOR ILAB/BRUMFIELD DEPARTMENT FOR DRL/IL AND EUR/WE E.O. 12958: N/A TAGS: ELAB ECON ECON IT IT ELAB SUBJECT: METALWORKERS' PACT MAY SPUR BROADER LABOR FLEXIBILITY UNCLASSIFIED PAGE 02 ROME 02177 02 OF 02 161244Z ASSOCIATIONS BELIEVE THE METALWORKERS CONTRACT WILL STIMULATE BUSINESS AND INVESTMENT AND, PERHAPS, STIMULATE GROWTH IN SOUTHERN ITALY BY ALLOWING COMPANIES TO TAKE ADVANTAGE OF REGIONAL INCOME/COST-OF-LIVING DISPARITIES. ¶6. EVEN AS IMMEDIATE ATTENTION SHIFTS TO NEGOTIATION OF OTHER SECTORAL CONTRACTS, BOTH LABOR AND MANAGEMENT HAVE THEIR GAZES FIXED FIRMLY ON RENEGOTIATION LATER THIS SUMMER OF THE UMBRELLA ACCORD GOVERNING THE TERMS OF COLLECTIVE BARGAINING AGREEMENTS. THE PARTIES TO THE METALWORKERS CONTRACT WILL WORK TO EMBED ITS PROVISIONS IN THIS UPDATED UMBRELLA AGREEMENT; CGIL WILL TRY TO ENSURE THEY ARE CONFINED TO THIS ONE SECTOR. ¶7. THE AGREEMENT WILL PROVOKE DEBATE, IF NOT MUCH MOVEMENT, ON LONG-MORIBUND LEGISLATION TO FLESH OUT THE CONSTITUTIONAL PROVISION GUARANTEEING REPRESENTATIVE CONTRACTS. FIOM/CGIL AND LIKE-MINDED LEGISLATORS FROM THE FAR LEFT HAVE VOWED TO PRESS FOR THE LEGISLATION'S PASSAGE. CISL, THE SECOND LARGEST, "CATHOLIC" CONFEDERATION, HAS DENOUNCED THIS AS A GAMBIT TO GIVE THE FEDERATION, ITALY'S LARGEST, DE FACTO VETO POWER OVER ANY FUTURE CONTRACT; IT ARGUES THAT LABOR AND MANAGEMENT SHOULD WORK OUT A MUTUALLY-ACCEPTABLE SOLUTION WITHOUT INVOLVING PARLIAMENT. THE SMALLEST OF THE THREE CONFEDERATIONS, CENTRIST UIL PRIVATELY AGREES WITH CGIL'S POSITION BUT IS HOLDING ITS TONGUE FOR TACTICAL REASONS. ¶8. COMMENT: THE METALWORKERS' INNOVATIVE CONTRACT IS ANOTHER SIGN THAT THE MOST SUCCESSFUL ASPECT OF THE UNCLASSIFIED PAGE 03 ROME 02177 02 OF 02 161244Z BERLUSCONI GOVERNMENT'S COMPREHENSIVE REFORM PLAN WILL BE IN THE AREA OF LABOR MARKETS (REFTEL). IN SOME RESPECTS, THAT'S NOT SURPRISING, SINCE THE REFORMS TO DATE COME LARGELY WITH SUPPORT OF MUCH OF ORGANIZED LABOR; GIVEN ITALY'S TRADITION AND CULTURE OF CONSENSUS DECISION-MAKING, THE IMPORTANCE OF THAT SUPPORT SHOULDN'T BE UNDERESTIMATED. TO TRY TO MAINTAIN THAT APPROACH, EMPLOYERS MAY WELL DECIDE TO ACCEPT A MORE LIMITED SET OF THESE INNOVATIONS IN THE NEW ACCORD GOVERNING COLLECTIVE BARGAINING AGREEMENTS IN ORDER TO SECURE CGIL'S APPROVAL. THE GOVERNMENT FACES A MUCH TOUGHER TEST ON PENSION REFORM GIVEN THE CONFEDERATIONS' UNIFIED OPPOSITION TO MOST OF ITS PROPOSED LEGISLATION (SEPTEL). THE OUTCOME OF THAT DEBATE WILL GO A LONG WAY TO DETERMINING WHETHER THE BERLUSCONI REFORM SCORECARD WILL BE MODEST OR MEANINGFUL. THERE'S LITTLE LIKELIHOOD THAT CGIL'S PUSH FOR REPRESENTATIVE CONTACT LEGISLATION WILL AMOUNT TO ANYTHING; SPLITS AMONG THE CONFEDERATIONS MIRROR THOSE WITHIN THE CENTER-LEFT OPPOSITION, AND THE GOVERNMENT'S PARLIAMENTARY MAJORITY IS SUFFICIENT IN ANY CASE TO REJECT AN UNWANTED BILL. SEMBLER UNCLASSIFIED > 2003ROME02177 - Classification: UNCLASSIFIED