Trade unions and the sovereign power of the state. A comparative analysis of employer offensives in the Danish and Irish public sectors

Abstract

The changing composition of trade unions has far-reaching consequences for the relationship between unions and the polity. In particular, the concentration of trade union membership in the public sector-a process that has been taking place in most EU countries-implies a shift away from collective agreements towards legislation as the dominant way of managing employment relations. Pluralist models of collective bargaining assume a neutral, mediating role of the state, but in the public sector the state by definition acts as an employer as well. The state is equipped with the sovereign power to circumvent traditional bargaining agreements and force its will upon trade unions through legislation. The article investigates major bargaining disputes in Europe after 2008, focusing on two countries (Ireland and Denmark) that have different political environments and that, although affected differently by the financial crisis, underwent similar government interventions in labour relations. The findings suggest that a shift towards legislation is a tendency that affects all types of industrial relations systems.

Growth models industrial relations institutions and labour market policies in Ireland Portugal and Slovenia

“…In 2009, attempts were made to organise massive strikes. Even though in the private sector they were unsuccessful, in mid-2009 public sector unions managed to organise a general strike, which was the biggest strike in Irish history involving 80% of public sector workers (O'Kelly, 2010;Szabó, 2018). However, the reinstated national collective bargaining stopped industrial disputes, while in the private sector the ICTU and IBEC signed a protocol aimed at competitiveness and job retention.…”

The new political economy of public sector wage-setting in Europe: Introduction to the special issue

“…Not surprisingly, scholars’ interest in researching the public sector from this perspective has peaked during and after periods of crisis, with the literature focusing on the restructuring of the public sector because of fiscal crises. Secondly, greater attention has increasingly been paid not only to the agency of public sector trade unions (Stoleroff, 2013; Szabò, 2018; Schmidt et al, 2019) but also to the peculiar characteristics and powers of governments in their role of public/political employers (Di Carlo, 2019, 2022; Hansen and Seip, 2017).…”

Trade Unions in the European Union

“…In early 2009, however, the government unilaterally implemented pay cuts for public sector employees through the first of a series of 'Financial Emergency Measures in the Public Interest' (FEMPI) Acts. Following the announcement that the government would have sought further cuts to the public sector pay bill, the unions called a national public sector strike with high participation (Geary 2016;Szabó 2018). Negotiations thus reopened, but when talks reached a deadlock, the government moved to unilaterally cut public sector wages again in November 2009.…”