muckles:
Rjan:
The case was a blow against the ability of unions to unilaterally determine the location of businesses within the EU, no doubt about that. My point is that this is not a loss for the workers of the EU, since the right of Estonians to bargain for Finnish pay has not been eroded or injuncted against.
And there was nothing to stop Viking Lines Employing Estonian workers at Finnish level of pay without relocating, when their ship was based in Finland.
Their reason for wanting to relocate was to reduce their wage cost by getting rid of their Finnish workers and replacing them with cheaper Estonian workers.
But I’m struggling to understand how they could replace the Finnish, if the Estonians were solid and weren’t willing to sell themselves any cheaper?
It’s appears to be perfectly legal to strike to stop relocation within the UK and Unions do take action against it all the way up to strike action.
I think you’re missing the distinction. The strikes are never about favouring one region over another - partly because the unity of Britain is so embedded that people don’t even really think in those terms, and partly because there is such legal harmonisation that the disputes can’t arise (i.e. if you reflagged a ship from Hull to Portsmouth, it would still be flagged in Britain).
The FSU and ITWF decided to spark a dispute in those terms - it wasn’t about jobs, but about where the ship would be flagged. All the ECJ said was, yes, it was possible through that dispute to impugn the right of bosses to determine where the ship was flagged.
I don’t of course have to accept that bosses should be free to determine where a ship is flagged - but we’re not talking about political principles, but about whether the ECJ’s judgment was reasonable in terms of the law, or whether it showed some fundamental anti-worker bias on the part of that court (i.e. more anti-worker bias than the law itself embodies, because the law as it stands is a product of democratically elected, centre-right national governments).
Just to recapitulate my agenda here, it is to emphasise that EU law embodies the democratic will of its member states - that is, it is no less democratic, nor more anti-worker, than the average national member. And of the members, Britain is one of the main right-wing influences on the whole.
Britvic workers in Norwich have been trying to stop production moving to London, but failed in the end. Others have voted for strike action to stop it.
insurancetimes.co.uk/unite- … 42.article
morningstaronline.co.uk/a-4c … relocation
lbc.co.uk/radio/presenters/n … 2-workers/
These cases don’t show workers striking against the legal relocation of the business. They’re striking against their own job losses (including the movement of workplaces that amount to inflicting redundancies). None involved workers striking against the creation of new workplaces elsewhere without job losses, or the transfer of their jobs to foreign subsidiaries without loss of pay or conditions.
No jobs (it seems) were under threat by Viking Line’s reflagging - they apparently weren’t shutting the workplace (the ship) down, nor were they making any redundancies.
Rjan:
muckles:
The reason for Viking Line wanting to reflag the vessel to Estonia was to reduce wage costs, so why would they negotiate a deal where they had to pay the same rate as on a Finnish registered vessel?
That’s the question I asked you, but you assured me that the Estonian workers were on board (ha!) with the policy of maintaining Finnish levels of wages?
I said that the Estonian Union had agreed not to talk to the Viking Line, after a request from the ITF on behalf of the FSU.
The Estonian seaman’s Union is affiliated to the ITF, as is the FSU, when the dispute started the ITF asked the Estonian union not to negotiate with the Viking Line,
Now I suppose the Estonian Unions could have gone against the request, but the power of workers is nothing without solidarity and it’s no good having an International workers organisation if those unions affiliated to it don’t show solidarity with it’s other members regardless of national bounderies.
If the dispute hadn’t involved the Estonian Unions, then the Viking Line wouldn’t have had to take out the injunction against the ITF and the case wouldn’t have eventually made it to the ECJ.
As it is it seems the Estonian Unions solidarity was paid back by a show of solidarity from the FSU in supporting the Estonian Seaman’s Union pay demand.
itfseafarers.org/maritime_ne … /0/order/1
The settlement follows a one-hour long warning strike on 4 August when five ferries were stopped in Estonia’s capital Tallinn, as well as in ports in Helsinki, Finland, and Stockholm, Sweden, where Finnish and Swedish unions organised solidarity action.
I’m not following you at all. You say Viking Line wanted to move in order to undercut wages - although the court reports suggests no existing jobs would be lost (I accept we could be talking about protecting the pay of future hires). You say the Estonians were, in one way or another, completely solid with the FSU.
I ask, therefore, what was to stop the Estonians issuing a threat to Viking Line, that they’d be paying the same wages wherever they went? That’s not preventing them from reflagging or setting up shop wherever they want - it’s just making perfectly clear that they’ll be paying the same wages no matter where they go (so if their reflagging agenda is driven purely by undercutting, then they better think again).
I still haven’t got a clear answer on this from you. You of course are the expert on the case - I don’t recall that I’ve ever come across it before this discussion.
Rjan:
The problem is that what you call “economically restrictive” means “working for the same rate that other workers are actually working for”.
So are you advocating that the Finnish sailors should have taken a reduction in pay, to Estonian levels?
I’m not advocating it. I’m saying that the Estonian workers’ view on the matter ought to be represented. I see the same theme in your argument as when the rich say they’d struggle to live on £10k a week, but it’s alright in their view if everyone else is forced to manage.
Rjan:
But the other side of the coin is that Eastern Europe already is haemorrhaging many of it’s best and most educated workers in order to access their better wages - and Eastern Europe can’t stop that because of the fundamental freedoms. It’s a big mess I agree, but it’s not fair to cast the Eastern European countries as being the only ones who are getting anything out of it. The ones who are getting the most out of it everywhere are the bosses, not because of political unification but because of free markets.
You are reading stuff into my posts that isn’t there, I never said East European workers are the only ones benefiting. The point is the EU has no plans to introduce an EU wide minimum wage.
Because none of its centre-right governments, and centre-right-voting workers, have plans for those things. Christ, under the Tories, Britain is has levelled down it’s own minimum wages, by abolishing the agricultural minimum wage, and has tried to pretend the latest increase in NMW is a “living wage”.
Hasn’t most of my argument on here been about free market policies being bad for workers, regardless of which country they from or working in.
Yes. I mostly think I’m indulging the narcissism of minor differences between us. 