1 15 October 1998 Measures to improve wage formation in Sweden Comments on proposals regarding mediation and conflict resolution by Steinar Holden and Karl Ove Moene Department of Economics University of Oslo Abstract This paper was prepared for the Conference on Measures to Improve Wage Formation in Sweden, hosted by The Commission on the Strengthening of the Mediation Authority in Sweden; Stockholm 28 September 1998. The background for the conference was a series of concrete proposals made by employee and employer organizations intended to produce lasting improvements in wage formation in Sweden. The paper evaluates the effect of the proposals on wage formation and employment. Mailing adress: Department of Economics, Box 1095 Blindern, 0317 Oslo, Norway. Email: steinar.holden@econ.uio.no k.o.moene@econ.uio.no 2 1 Introduction Sweden endured a strong economic crisis in the first part of the 1990s. Unemployment rose to unprecedented levels, the public budget balance deteriorated sharply, the credibility of the economic policy was low, with a weak currency and high interest rates. Recently, the situation has improved considerably. The budget balance is much better, and credibility no longer appears to be a problem. Yet the high unemployment persists. The behavior of the system of wage formation is probably an important factor behind the sluggish unemployment, as money wage growth remains high in spite of high unemployment. A number of proposals have been suggested to improve wage formation in Sweden. The proposals, as summarized by the Commission on Strengthening of the Mediation Authority in Sweden in the invitation to this conference, are discussed below. As a background for our comments, we briefly lay out a simple theoretical framework concerning the relationship between wage formation and equilibrium unemployment in section 2. In section 3, we include a rather general treatment on conflicts, mediation and arbitration. In these sections, we point at some other issues, that are not directly related to the suggested proposal, but which, in our view, nevertheless may be of considerable importance to the functioning of the Swedish system of wage formation. The specific proposals are discussed in section 4. Section 5 contains our concluding remarks. The appendix includes the list of the proposals presented by the labor market parties. 2 Wage setting and equilibrium unemployment In recent years, economic analyses of wages, employment and unemployment are often undertaken within a theoretical framework based on an equilibrium rate of unemployment (Layard, Nickell and Jackman, 1991). A crucial part of this framework concerns the wage setting. Explicit consideration is given to the situation in which wages are set, in a negotiation between employers and employees (at firm level, or at a more aggregate level), or in some cases unilaterally by the employer. The wage that is set depends on the economic environment of the firms. The economic environment can be distinguished into “inside forces” like profitability and productivity, “outside forces” like the need to recruit and retain qualified employees, purchasing power considerations, the wages of other comparable groups of workers, the degree of competition in the product market, etc., as well as the bargaining power of each of the parties. In abstract form, the outcome of the wage setting is often summarized in a wage curve, linking the real wage to the rate of unemployment in the economy. If unemployment is low, workers have a strong bargaining position, and high wages may be necessary to recruit the required amount of labor, so wage setters agree on a high real wage. Conversely, if unemployment is high, wage setters will agree on a lower real wage. The position of the wage curve depends on all the other factors that affect wage setting. A strengthening of the bargaining position of the workers, for example, will shift the wage curve upwards, so that the wage setting leads to a higher wage level for any given level of unemployment. The other crucial element in an equilibrium unemployment framework is the decision of the firms concerning pricing and employment. In the short run, firms set prices as a markup on production costs, where wages are a vital part. The outcome of the price setting of the firm can be summarized in a price curve, linking the real wage that entails from the price setting to the rate of unemployment. If higher output and employment (and thus lower unemployment) is associated with higher production costs on the margin, the price curve is decreasing in the employment - real wage space. 3 The equilibrium level of employment (and, for a given labor supply, thus also the equilibrium level of unemployment), is determined by the intersection of the wage curve and the price curve, as illustrated in Figure 1 below. Thus, in equilibrium, the level of employment and unemployment adjust so as to ensure that the real wage outcome of the wage setting is consistent with the real wage that is feasible from the price setting. In the longer run, the production capital of the firm can be adjusted. If the real wage is too high, the return to capital will be lower than investors can obtain elsewhere, and there will not be sufficient investment to maintain the production capacity. This shifts the price curve to the left, leading to a higher equilibrium rate of unemployment. If there are constant returns to scale in the longer run, and the required rate of return is given by the return investors may obtain from investments in other countries, a horizontal price curve emerges in the long run. In this case the real wage is in the long run uniquely determined by the price curve (that is, by the required return to capital and the level of productivity), while the position of the wage curve only determines the equilibrium rate of unemployment. Real wage Labour supply Prices-short run Wages WWagWag Prices - long run Employment 1-u* Figure 1: The equilibrium rate of unemployment, u*, is determined by the intersection of the wage curve and the price curve. In the case of Sweden, a main concern appears to be that wage pressure is too high, the wage curve is too high in the employment - real wage space, resulting in a high level of equilibrium unemployment. In this view, the aim of measures to improve the wage formation in Sweden must be to dampen wage pressure, so as to reduce equilibrium unemployment. Before turning to the discussion of which measures to use to fulfil this aim, let us briefly mention two important qualifications. First, the dynamics of the wage and price setting are likely to set strong downward constraints to the rate of unemployment. If unemployment is lower than the equilibrium rate of unemployment, real and nominal wage growth is likely to be high, and macroeconomic policy will have to be tightened to contain inflation and prevent a deterioration of cost competitiveness. 4 However, the wage and price setting are probably weak upward constraints on unemployment. Even if unemployment is considerably higher that the equilibrium rate of unemployment, the dampening effect on wage growth may be limited. Furthermore, lower wage pressure in itself probably has weak effect on aggregate demand. Thus, one should not overlook the possibility that unemployment over long periods is considerably higher than the equilibrium rate of unemployment. Evidence on the wage setting in the Swedish manufacturing sector suggest that the system of wage formation has not changed over the period 1964-94 (Holden and Nymoen, 1998), which may indicate that equilibrium unemployment has not increased in line with the rise in actual unemployment in Sweden. This is consistent with the findings of Forslund (1995). However, even if unemployment in Sweden is above its equilibrium level, the need to contain wage growth remains; moderate wage growth will in any case facilitate a reduction in unemployment on a more permanent basis. A second qualification concerns a feature of the framework above, that the weaker the bargaining position of the workers, the better: Equilibrium unemployment is lower, while in the long run the real wage is not affected. Yet there are several reasons why one should be reluctant to suggest institutional changes that would imply a considerable reduction in real wages in the short and medium term. First, for efficiency reasons it is important that both parties, firm and workers (collectively and individually) obtain sufficient return to their investment and effort. Too low wages may have a negative impact on the investment and efforts undertaken by workers, which then can have a negative impact on the return to investments by the firm. Secondly, for neutral observers, it is hardly a good idea to suggest changes that dramatically shifts the bargaining position to the parties, with strong adverse changes for one party. Thirdly, given the historical strong position of unions in Sweden, institutional changes with important adverse effect on workers would be unlikely to remain unchallenged. The industrial unrest that could result would easily dominate any positive effect on low wage costs on output and investment. In general terms, this qualification is probably more of theoretical than practical relevance. Most workers and unions in Sweden have a sufficiently strong bargaining position that the main concern of neutral observers would be to reduce wage pressure, not to prevent too low wages. Nevertheless, some groups of workers may have a very weak bargaining position. An employer facing an upward-sloping labor supply curve may gain from setting a low wage even if this implies that at times he may have problems of recruiting a sufficient number of employees. In this situation an increase in the bargaining power of the workers, involving higher wages, may in fact lead to higher employment (Manning, 1995). In principle, the main aim of reducing wage pressure can be achieved by several types of measures. First, and most obviously, wage pressure would in general be reduced by measures that weaken the bargaining position of the workers. Such measures could, for example, aim at reducing the effectiveness of strike as a instrument in the wage negotiations. 5 Secondly, wage pressure could be reduced by measures to strengthen co-ordination in the wage setting. The underlying reason for the advantages of co-ordination in the wage setting is the existence of negative indirect effects. Higher wages for one group of workers have an adverse impact on the welfare of other groups of workers, through several channels (see surveys in Moene, Wallerstein and Hoel, 1993, and Calmfors, 1993). One important channel is that higher wages feed into higher prices, thus reducing the purchasing power of other workers. If unions covering large groups of workers co-ordinate their wage setting, they may want to set lower wages than each of them would have done by itself, to dampen the negative indirect effects. Competition between unions that recruit the same type of workers may also lead to excessive wage demands. Again, co-ordination may lead to wage restraint. There also exist negative indirect effects of high wages between firms, as higher wages in one firm may make it more difficult for other firms to recruit and retain labor (Hoel, 1990). Co-ordination among employers in the wage setting may thus lead to stronger employer resistance to high wages. Thirdly, wage pressure can be reduced by measures that affect union preferences, or their short run desire to achieve higher wages. One such measure could be remuneration schemes built on profit sharing or worker owned shares. If the workers have an interest in high profits, they may become more concerned about the long run performance of the firm, and less aggressive in the wage setting (cf. section 3 below). Another measure would be long term agreements between unions and firms, explicit or implicit, where the firms describe future plans for investment, in real and human capital, while unions promise wage restraint. The basic idea is that there may be gains to be earned by wage moderation in the short term, yet workers are concerned that they may not obtain a share in these gains. While it may be difficult, and possible risky, to agree on detailed, explicit long term agreements, less detailed agreements that link the evolution of wages to, say, the future evolution of productivity and profitability, may nevertheless turn out to be fruitful. Note that overall wage pressure is determined by the interaction of all these elements. The interaction may be complex, possibly leading to surprising effects of partial changes. For example, a successful co-ordination on wage restraint may require that unions are sufficiently powerful, and union coverage is sufficiently large. An institutional change that weakens the bargaining power of the union, which by itself would reduce wage pressure, may involve union power to fall below the threshold required for co-ordinated wage restraint. In this case the overall effect may be higher wage pressure (Holden and Raaum, 1991). During the 1980s, wage setting in Sweden became less centralized. The decentralization involved the advantage that wages became more responsive to the economic situation in the respective industry. Flexibility of wages may dampen fluctuations in employment. Moreover, wages being responsive to productivity and profitability may have a positive effect on the effort and motivation of workers. However, the decentralization also made it more difficult to co-ordinate the wage setting. Furthermore, the decentralization of wage determination may also have had adverse efficiency effects, by creating excessive wage differentials. A basic economic principle of efficiency is that price differences on homogeneous goods involve inefficiencies. Workers in different industries are to a large extent homogeneous (at least in an ex ante perspective, i.e. for young workers), thus optimal allocation in a static sense requires that they earn the same wage in all industries. In a growth perspective, Moene and Wallerstein (1997) show that reducing industry wage differentials may lead to higher growth by keeping wages down in new and more efficient plants, an idea closely related to the thoughts of Gösta Rehn and Rudolf Meidner. 6 The wage formation system in the Nordic countries is characterized by wage setting at several levels, with local adjustments to agreements at more aggregate levels. In theory, such multilevel bargaining may combine the co-ordination effect of a centralized system with the flexibility of a decentralized. However, this compromise requires that local adjustments are fairly limited, otherwise the total wage may easily become too large. In particular, a multilevel bargaining system may lead to excessive wages in periods of low inflation and low productivity growth. A binding money wage floor at the central level (no cut in money wages) may lead to too high real wages if the local wage drift is considerable (Holden 1991, 1998a; Calmfors, 1993). A further issue is the possible relationship between the equilibrium rate of unemployment and the monetary regime. Large wage setters, as in Sweden, are likely to take into account the effect of their wage setting on the overall economy. In a regime with completely fixed exchange rate, a wage rise leads to a deterioration of cost competitiveness, as well as higher consumer prices. In the inflation target regime in Sweden, wage setters that are confident that the inflation target will be reached, may neglect the effect of a wage rise on consumer prices. On the other hand, a wage increase may be countered by a rise in interest rates. Which regimes that induces the higher wage pressure, and thus the higher equilibrium rate of unemployment, depends among other things on the effect of a rise in the interest rate on the exchange rate and the domestic level of demand (Holden, 1998c). 3 Conflicts, Mediation and Arbitration The Hicks paradox and asymmetric information Modern game theoretic approaches to negotiations are built on the Godfather principle (“I gave him an offer he couldn’t refuse”, Rubinstein, 1982, Shaked and Sutton, 1984). A rejection of an offer causing a delay involves a cost to both parties. The party that makes the offer exploits this, by demanding exactly the agreement that makes the opponent accepting the offer, rather than inducing the costs of delay. Thus, threats are important for the outcome, but they are never carried out as long as both sides have common information. This is in fact a restatement of what was earlier called the Hicks paradox (Hicks, 1963), which says: If both sides of the bargaining table are rational and able to predict the outcome of a strike or lockout, they would tend to agree without a costly conflict. Accordingly conflicts must be essentially random, caused by mistakes, as long as both sides have common knowledge of the relevant information. Yet, empirically strikes and lock-outs seem to follow a predicable pattern (Kennan, 1986) where conflicts at least in some countries are pro cyclical and where there is an overall strong negative correlation between industrial conflicts and the degree of centralization of bargaining measured by man-days lost per worker. (Hibbs, 1978, Ingham, 1974). In fact, Sweden and Norway were among the world’s most strike- and lockout -prone countries during the interwar years before collective bargaining were centralized. In the post war period of centralized bargaining, however, the frequency of industrial conflicts in the two countries was until recently among the lowest in the world. One reason why industrial conflicts may arise between rational bargainers is the existence of private information. When information is asymmetrically distributed, it is difficult to utilize the Godfather principle efficiently. When players struggle to obtain the largest possible share, it may be impossible to avoid costly conflicts (see the survey of private information theories of strikes in Kennan and Wilson, 1993). 7 To illustrate the basic idea in a simple way, suppose a firm is hit by a decline in demand just before a local wage negotiation. If the decline is common knowledge, the union will adjust its expectations accordingly and it will not be more difficult than usual to reach an agreement without conflict. However, if the information were private to the firm, would the union believe the firm when it notifies that conditions have worsened? After all, irrespective of demand is rising or falling, the firm always has an incentive to be pessimistic in its messages to the union. Knowing this the union easily discounts any message from the firm. One mechanism whereby firms may credibly communicate a worsening of conditions is to endure a strike. Intuitively, if conditions are well, the firm would prefer paying the higher wage, it is only when conditions are bad that the firm prefers the strike. The asymmetric information explanation may provide one explanation for why strikes are more frequent under decentralized wage setting. Decentralization of wage setting may in itself provide negotiators with more information, but information may be more private and asymmetrically distributed (Moene, Wallerstein and Hoel, 1993) At the enterprise level there is a clear asymmetry in the information available to the employer and a local union. At the industry level the union can more easily do its own studies of the demand for the industry’s output. Thus the asymmetry of information is likely to be less severe than at the enterprise level. At the national level both sides have access to more or less the same information about the aggregate economy, and the existence of any asymmetry of information seems even less likely. An additional type of conflicts arising from asymmetric information, is a sort that may be called demonstration conflicts. These are conflicts that stem from negotiators’ willingness to make short run sacrifices (a conflict) in order to gain in future wage negotiations. The gain may arise from an established reputation as a tough bargainer and a committed leader capable of organizing strikes (or lockouts). Having established a reputation, one obtains a beneficial agreement the next year without resorting to a conflict. If asymmetries of information are central to industrial conflicts, there are at least two important roles for mediation. One role is to facilitate the flow of information between the parties. As argued above, the parties may bias their information to affect the bargaining outcome; as both parties know that this may occur, a sense of mistrust may easily prevail. A mediator may mitigate this problem by easing the flow of more objective information between the parties. A second role of mediation concerns the parties’ expectations concerning the consequences of a conflict. Both parties may easily have overly optimistic beliefs concerning the outcome of a conflict. This may prevent an agreement, because the parties may both believe that they will obtain a better outcome after a conflict. By private consultations mediators may be able to identify such self-serving inconsistencies. The key is to obtain a shared belief of the chances of winning, and of the expected damage of a conflict, in which case the parties may agree on a split of the expected gain of avoiding the conflict. 8 Competing commitment Asymmetric information is only part of the reason why threats of conflicts sometimes are carried out. A different mechanism is the use of commitment. If a negotiator succeeds in convincing the opponent that he will never retreat from a demand favoring himself, the opponent cannot do better than accepting this demand, even if it involves an unequal sharing of the gains from trade. Making public statements that he will stand firm is one way of making a commitment; another is to mobilize members on overoptimistic aspirations. The point is to increase the costs of giving in, maybe to such an extent that one is completely committed to carry out the threats. The problem, however, is that what one does the other can try to do as well. If both commit themselves to stand firm, a conflict that nobody wants may result (Schelling, 1961, Johansen, 1979). Potential conflicts that may result from competing commitments like this are not easily avoided by mediation alone. However, in some cases a mediator may make it easier to back down on previous announcements, because it is possible to put the blame on the mediator. Clearly, arbitration is a much more efficient tool in this respect, as costly conflicts can be stopped without a loss of credibility on either side. Reciprocity Reciprocity constitutes another basic motivational drive that has important implications for the frequency of industrial conflicts. Reciprocity is both positive (we are kind to people who are kind to us), and negative (an eye for and eye, a tooth for a tooth) (Fehr and Gächter, 1997). The difference between negative reciprocity and pure self interested behavior is that homo reciprocans are more willing to incur costs themselves in order to take revenge. There is ample evidence for this kind of behavior in experimental economics. In bargaining situations reciprocity may produce good industrial relations with very few conflicts (positive reciprocity) even under asymmetric information. Yet, such a situation may be only locally stable. A new situation, for instance caused by changes in unemployment or in the bargaining system, that workers feel is unfair, may trigger retaliation (negative reciprocity) even in cases where the Godfather principle would produce no conflicts at all. Conflicts caused by reciprocal behavior are not so easily solved by mediation. Arbitration can, of course, suppress specific actions such as strikes and lock-outs. Yet there may be important trade offs among expressions of industrial conflict (Hebdon and Stern, 1998) that are particularly relevant for homo reciprocans. When one mechanism for industrial conflict is suppressed, the resort to other mechanisms may easily rise. Empirical investigations show that when the right to strike has been restricted, work hours lost by accidents, absenteeism and high turnover rates rise significantly instead (Turner, Clark and Roberts, 1967). It is also well known that work-to-rule is a substitute for open strikes. Data on public sector workers in Canada show that grievance arbitration rates are higher among workers who are restricted in their right to strike (Hebdon and Stern, 1998). When forms of conflicts are close substitutes, one may easily overestimate the gains from compulsory arbitration that aims at reducing the frequency of one or a few conflict forms. Moreover, there may also be interconnections over time in the sense that arbitration today may cause more conflicts (and a need for arbitration) in the future. Costs associated with workers’ voice (a strike) should be compared to costly exit and less cooperation (Hirschman, 1970; Freeman and Medoff, 1984). 9 Have employers lost the edge? Employers and employers’ associations complain that the costs of strikes have gone up recently. There are many reasons why this may be the case. Specialized production lines with a high degree of interdependence are more sensitive to local work stoppages; pressure to economize on storing costs weakens the buffers against variations in production levels; new routines with just in time deliveries have low flexibility towards interruptions; internationalization implies that customers more easily can switch to other suppliers in case of delays and so on. What is less recognized, however, are the implications of rising costs of work stoppages for employers’ willingness to use lock-out as a threat. If strikes are more costly, so are lock-outs. It may even be argued that lock-outs are more costly to employers than strikes since foreign customers may find delays caused by employer induced industrial actions less acceptable than those caused by strikes. In addition, employer solidarity in coordinating conflicts appears to be weaker than it used to be, and certainly significantly weaker than the solidarity among workers on strike. If all this is true, lock outs are less efficient threats now than before and employers may in fact have lost their most important weapon in wage bargaining. While employers use to have the edge in the inter-war period in the sense that they could and did easily drain unions’ strike founds by comprehensive lock-outs, this seems no longer feasible. The big lock-outs in Sweden 1980 and in Norway 1986 both failed (Stokke, 1998) and it is easy to understand why employers now seem to demand more governmental intervention in conflict resolution. Yet, it may be a mistake not to consider additional means to reduce conflicts. According to all the theories we have considered the chance of industrial conflicts may be reduced by mechanisms that provide more sharing of the expected damage of a conflict among the two sides. An agreed upon bonus to the union for having no strikes over a certain period of time may be advantageous, but difficult to enforce. However, all types of profit sharing schemes, including worker owned shares, can do the same job automatically. When workers own shares in the company they work, parts of the costs of a strike are born by themselves as an expected decline in share values (Grout, 1988; Ognedal, 1992). In particular, if consequences of a conflict are expected to be more long term than before, as many employers claim, worker owned shares might be an appropriate means to reduce the frequency of conflicts. It is understandable, however, given the recent controversies around the wage earner founds in Sweden, that the possible conflict reducing role of worker owned shared is not so much emphasized in the present debate. Yet, worker owned shares do not have to be a collective arrangement and can be completely decentralized. In the US a tax subsidy is used to motivate the adoption of Employee Ownership Plans (ESOP) making share transfers mutual advantageous at the firm level. Since there are now more workers in the US who are members of ESOPs than of unions, the impact of ESOPs on industrial conflicts deserves attention. Cramton, Mehran and Tracy (1997) provide evidence that unionized firms in the US that adopt ESOPs, experience a significant drop in the frequency of strikes following the adoption date (however, the frequency of holdouts has increased). Before the introduction of ESOP there were no major difference in terms of frequency of conflicts between adopting and non-adopting firms. 10 4 Comments to the listed proposals - Act Early in Negotiations; Delay Potential Industrial Action; Extended Notice Period These three suggestions have in common that they are aimed at ensuring that the parties have more time to reach an agreement. In principle, this should increase the likelihood that the parties reach an agreement. On the other hand, experience indicates that negotiations often take the available time, and that the progress is faster when a deadline is imminent. In particular, mediation may be more efficient close to a deadline, cf. e.g. Hiltrop (1989:258). A related objective is that the suggestions may make it more difficult for a party to elude serious negotiations; for example, if one party is determined to show strength by initiating a work stoppage. The last two suggestions, delay potential industrial action and extended notice period, may in some situations reduce the threat value of an industrial action, as it provides the opponent with more time to prepare. A potentially more important motivation for the measures is that they may provide more time for co-ordination in the wage setting of different bargaining areas. While all three measures may be expected to improve the wage formation system, the effect is likely to be weak. None of the measures may prevent a group with a strong bargaining position from exploiting its strength, and obtaining a favorable agreement. - Schedule Negotiations (all new agreements reached on a common date) If it possible to co-ordinate the wage setting, so that wage setters take into consideration the negative externalities, a common date for all agreements may have important advantages. First, common contract periods facilitate comparison across wage groups, which probably make co-ordination easier to achieve. Secondly, common contract periods make wage setting more flexible. If a shock to economy takes place, all wages can be adjusted at the same time. Thus, one avoids the wage stickiness that is induced by Taylor (1979) type overlapping wage contracts. However, if co-ordination fails, so that the outcome of each wage bargain is viewed in isolation, a common date for new agreements is likely to lead to higher wages. The reason is that wages are strategic complements (in the sense of Bulow, Geanakoplos and Klemperer, 1985): the higher the wage of one group, the higher the wage of other groups. Thus, if wage agreements are reached at different dates, wage setters that move first may want to set a lower wage, to dampen the wage of the groups that follow afterwards (Lau, 1996). In particular, this will be the case if there is a re-opening clause in the first agreement, giving the union the right to new negotiations if subsequent agreements involve higher wage growth. With simultaneous wage setting, a union cannot affect the wage of other groups without co-ordination, thus this reason for wage moderation does not exist. The choice between simultaneous and sequential wage setting also involves some other aspects. First, different wage setters usually have different target wages. A possible advantage with sequential wage setting is that if the wage setters with the lowest target wage move first, this may have a moderating effect on the overall outcome. In Norway, wage setting usually takes place first in the traded sector. This makes it more likely that the wage growth is in accordance with the wage growth of our trade partners. 11 Secondly, the choice between simultaneous and sequential wage setting may affect relative wages. Common contract periods facilitate comparison, and this usually strengthens demands for egalitarian wages. In other words, low income groups may benefit from common contract periods, while high income groups may prefer different contract periods, so as to make comparisons less transparent (cf. Stokke, 1998, page 497). Thirdly, a practical problem with simultaneous wage setting is that it may involve capacity problems in the mediation. If many settlements are to be determined at the same time, coordination may be easy to achieve in theory; in practice it may turn out to be much more difficult. This may suggest that sequential wage setting, where some large groups are first, and other follow suit, is more favorable to co-ordination. - Collective Decision Making In bargaining situations, it is not always an advantage to be big. To the contrary, some small groups of workers have the best of both worlds: They are few, so the costs of higher wages are small, yet they are powerful in the sense that they can inflict large costs on their employer (Hersoug, 1983). There are strong economic reasons to contain the wage pressure of such groups. First, reducing the wage pressure of such groups reduces overall wage pressure, which again would lower the equilibrium rate of unemployment (cf. Figure 1). Second, an underlying reason for the strong position of these groups is often product market imperfections, which are exacerbated by the higher wages, and thereby causing additional efficiency loss. Third, the higher wages of strong groups increase overall wage dispersion. “Combined proposal” is one possible instrument that can be used to contain small, strong groups. The use of “combined proposal” can also be seen as a measure to achieve co-ordinated wage restraint. A frequent problem in the co-ordination on wage restraint is that some groups of workers may attempt to outwait the others, for then to obtain a higher wage afterwards, thus “free-riding” on the restraint of the others. Clearly, the risk that some groups may succeed with this strategy may constitute an important hindrance to achieving co-ordination in the first place. However, the free-riding strategy can be prevented if the groups that try are included as parts in a “combined proposal”, together with other, larger groups of workers. Admittedly, the descriptions of the use of “combined proposal” above are somewhat idealistic. In some cases, combined proposals may be met with strong resistance, as they may be viewed as unfair and undemocratic. Thus, the scope for this measure is probably fairly limited. 12 - The Members’ Vote The suggestion of a ballot on conciliation offers before parties involved have the right to take industrial action relies on a perception that interest organizations elect leaders who are more militant than their members. This may be the case in some circumstances (some unions in UK have that reputation). In most countries, however, union leaders seem not be more but less militant than their members. The experience in Norway, for example, is that employers conceive union leaders to be less militant than the rank and file (Stokke, 1998, p. 393). Compared to union members union leaders may more clearly see the costs of conflicts, the need to maintain international competitiveness and a sound macro economy. In Norway, a sign of responsibility is that union leaders may end up as deputy ministers or personnel managers. We would be surprised if the pattern in Sweden is significantly different from the neighboring countries in this respect. If this is true, union leaders are not likely to call a strike unless they are sure that they have majority support. Under these conditions a requirement of members’ vote before industrial action is not likely to have much of an effect. There is, however, an interesting, but so far rather inconclusive literature that speculate on possible effects of pre strike ballots on union-employer behavior following the 1984 Trade Union Act in the UK (see Manning, 1992, and the literature referred therein). The law made the holding of a majority vote among the union members involved compulsory before a strike can be called. The goals were to make unions more representative of their members and to reduce the incidence of strikes. What emerges from the literature is that the effects of ballots may be more complex than one first tends to believe. Legislators might have thought that the pre strike ballot should simply provide more information about the true preferences of union members. But a ballot can’t prevent coordination among union members who have reasons to do so. For example, a ballot that shows just a little more than fifty per cent in support of a strike signals weakness compared to a ballot that shows hundred per cent strike support. Knowing this, union members may cast their votes so that the opponent should not think they are weak. This may again distort employers’ wage offers and so on. In some respects the situation is similar to voting over negotiated or mediated settlements. By voting no union members may receive a raise on top of the mediated settlement. In fact, the outcome of Norwegian ballots over wage settlements is perceived to be among the most uncertain aspects of the wage negotiations. There have been several suggestions to remove the ballot (Stokke, 1998), but it has turned out to be difficult to take away a well-established right. - Other Methods to Resolve Disputes Dispute resolution procedures affect not only wage outcomes settled by arbitration, but also how frequently arbitration is used, as well as the expected outcome of wage settlements reached by negotiations. When the parties know that a dispute will be solved by compulsory arbitration the bargaining environment changes significantly. The fall back positions if no voluntary agreement is obtained, are determined by the perceived outcome from arbitration. Several cases can be distinguished: (i) If the outcome of arbitration is exogenous and can be predicted with certainty, no difference can arise between negotiated and arbitrated wage settlements since either side can choose arbitration by rejecting the opponent’s proposal (Crawford, 1981). 13 (ii) More realistically, if there is uncertainty about the arbitrator’s preferred award, the situation becomes more complicated. If both sides are risk averse and arbitrator’s behavior is not affected by final offers, both sides may hesitate to let the case be settled by an unpredictable arbitrator. Thus an increase in the uncertainty surrounding arbitrators’ award may increase the likelihood of reaching an agreement before arbitration. Babcock and Taylor (1996) use experimental data on decisions made by arbitrators in hypothetical situations to calculate a measure of uncertainty of each arbitrator. Matching these data with field data on wage negotiations by the same arbitrators, they find that greater unpredictability about arbitration outcomes lowers the chances of impasse. Yet, the negotiated wage may be affected. Depending on the degree of risk aversion, the negotiated wage may differ both from the expected outcome of arbitration and from the wage that would have been negotiated with no dispute legislation (Faber and Katz, 1979). (iii) If arbitrators typically split the difference between the final offers of the two sides, impasses become more likely as final offers tend to diverge in order to affect the arbitrated wage. Whether arbitrators split the difference or in fact choose their preferred settlements is less important than what the parties expect arbitrators to do. In any case it is important to design dispute legislation to prevent that parties think they can gain by sticking to extreme demands. (iv) Final offer arbitration is one way to design mechanisms that make strategic divergence in the negotiations less tempting. When arbitrators have to choose one of the two final offers, nothing can be gained by putting forward extreme demands. The outcome depends on how accurately negotiators can predict the preferred settlements of the arbitrator. Again, if both sides can predict the arbitrator’s ideal point, final offers easily converge to this settlement and no arbitration need to take place. Uncertainty about the arbitrator’s ideal point, however, tend to widen the gap between the final offers. As a result less predicable arbitrators can now increase the likelihood of an impasse. In some cases, the parties may prefer that the case be settled by arbitration. If one or both of the parties have made strong demands in public, perhaps in an attempt to commit so as to improve their bargaining position, it may be difficult to back down. In such situations, the previous commitments of the parties may prevent a mutually beneficial agreement from being reached. However, a solution through arbitration may make it possible to circumvent the problem, as the parties may continue to claim that they would stick to the original demands. The “blame” is put on the arbitrator, so the parties “save face”. The face saving effect of arbitration, making it possible to recede from previous demands, is a useful and important effect of arbitration (and to a weaker extent also of mediation). However, an associated problem is that the parties may be less eager to negotiate an agreement themselves, because they prefer a subsequent solution by arbitration (the “chilling” effect, see e.g. Ponak and Falkenberg, 1989). In some cases, the parties may become dependent on a solution by arbitration (the “narcotic” effect). A potential weakness of arbitration is evident when collective bargaining is over other issues, as well as wages. In such cases arbitration outcomes may not have realized all feasible mutual gains as arbitrators cannot know how the two sides value the various trade-offs involved. To realize mutual gains that may remain, one might consider to open up for post arbitration negotiations with the arbitrated settlement as the fall back position. An argument against this idea is that changes that are preferred by both parties in the relevant case may have problematic consequences for other bargaining areas or any other third party to the deal. 14 As the above discussion shows it is not easy to establish robust predictions about the overall effects of the availability, usage and design of compulsory arbitration. Since dispute costs, however, are lower with compulsory arbitration than with no restrictions on the right to strike or lock-out, there is a potential gain from arbitration. Empirical research by Currie and McConnell (1991) on a panel of Canadian public sector contracts suggests that “wages are higher under compulsory arbitration than under other legal structures”. Olson and Rau (1997) explore how the parties adjust their expectations according to the choice of final offer of the arbitrator in previous awards. As might be expected, the wage in subsequent negotiations becomes higher when arbitrators pick the union’s final offer and vice versa. They conclude that settlements in the long run conformed to the arbitrator’s views of fairness. There may, however, be disagreements on whether arbitration produces a bias in the wage structure in the sense that arbitrators choose awards that are persistently closer to one of the party’s final offers. Ashenfelter and Bloom (1984) offer evidence from Canada that union offers are more often chosen simply because they are more reasonable. In Norway, a country where compulsory arbitration is more frequent than in most other countries, those who complain insist on a bias in favor of employers. Compulsory arbitration is a powerful and controversial measure. However, by itself it cannot be expected to have strong effect on wage formation. The reason is that it is problematic to use compulsory arbitration frequently against large groups, with considerable dampening effect on the wage of the groups. Yet compulsory arbitration may have a strong effect on the wage formation if it can be used to sustain co-ordinated wage restraint. Without compulsory arbitration, it may be impossible to prevent strong groups from free riding on the restraint of others. This may prevent co-ordination on wage restraint from being achieved in the first place. If compulsory arbitration is used against groups that attempt to obtain more than other groups, it may facilitate a successful co-ordination on wage moderation. Final offer arbitration may be successful in reducing work stoppages, without causing a strong “chilling” effect on the parties’ ability to reach an agreement themselves. However, final offer arbitration is probably less suited to sustain coordination on wage restraint. The reason is that to sustain cooperation, bargaining areas that come afterwards must to a large extent follow the pattern of the previous agreements. In a standard arbitration scheme, this need not be a problem. The general pattern of compulsory arbitration in Norway is illuminating. Employers’ final offers normally incorporate increases equal to those given in already settled wage agreements. The resolution put forward by the mediator is closer to employers’ final offers, because the mediator copies the terms of other agreements. With few exceptions the awards of arbitration are almost identical to the sketch of the mediator, thus it works to sustain the cooperation. In contrast, in a final offer arbitration scheme, the arbitrator cannot always choose the employer’s final offer. One reason is that this would be considered unfair. Another is that the employer, if his offer were more likely to be chosen, might try to exploit this by reducing his offer, even if this increases the risk that the union’s offer is chosen instead. The risk of final offer arbitration as a means of stabilizing wage setting is illustrated by the experience of arbitration in the major baseball league in the US. On this, Feuille (1994) observes that “This final-offer procedure is loved by the players and hated by the owners, for it has played an integral role in the dizzying escalation of baseball players’ salaries”. 15 A problematic aspect of the proposal is that the mediator is the one to decide which case to be put to arbitration. One concern with this is the mix of roles, the same person is both a mediator and a judge. For example, the arbitration outcome that is chosen is likely to affect the confidence of the parties to the mediator in subsequent mediations. If the arbitrator is concerned about his/her future confidence among the parties, this may affect the arbitration outcome. Another concern is that compulsory arbitration may be perceived as less legitimate if it is determined by a bureaucrat, rather than by law by the parliament (in practice usually by the government), as in Norway. - Sympathy Actions Sympathy actions may be problematic in the sense that they may hit groups that have nothing to do with the issue of dispute. However, sympathy actions may also be considered as a mutual insurance scheme inherent in worker (or employer) solidarity. Although sympathy actions are not used frequently, to remove the right to sympathy actions may nevertheless be met with serious objections and conflicts. One reason why workers may protest is that sympathy actions in special cases may be important to rescue jobs that are to be moved or closed. When plants are considered closed or moved its workforce have very little to threaten with if anything at all. It is no point for them to go on a strike since a permanent work stoppage is exactly what the employer wants. Yet other workers whose jobs are safe can threaten to strike in their support and these threats may have an impact. Without the possibility of sympathy actions workers influence on employment may go down. - The Principle of Proportionality In Sweden, the parties have more freedom in their choice of industrial action, and more flexibility as to the timing of the industrial action, than in the neighboring countries Denmark and Norway (Stokke, 1998, page 518). This is likely to affect the bargaining outcome in several ways. According to conventional bargaining theories (cf. e.g. Osborne and Rubinstein, 1990), the bargaining outcome depends on the relative costs of a conflict. If the union has the opportunity to choose an industrial action that inflicts large costs on the employer, while being less costly to the union, this will greatly improve the bargaining position of the union. The outcome will be higher wages than if the union did not have this choice. It seems also reasonable that a full strike or lockout involves larger uncertainty as to the consequences than do other, milder types of industrial action. As shown in Holden (1998b), uncertainty associated with the outcome of a dispute weakens the party that threatens to initiate the dispute. The idea is that the opponent may make an offer that is better for the threatening party than to initiate the dispute. The larger the uncertainty associated with the dispute, the lower the offer that is required to make the threatening party prefer not to initiate the dispute. There are thus good arguments in favor of restricting the flexibility of choice of industrial action, as well as of the timing of industrial action. Clearly, at some occasions, restricting the choice to full strike/lockout or no industrial action may lead to a full work stoppage rather than a milder type of industrial action. Yet it seems likely that the overall effect is positive. 16 As stated, the principle of proportionality “intended effects of an industrial action are reasonably proportional to the action taken and the damage caused”, is very vague. It may provide the mediator with strong powers to intervene in situations that he/she sees as unfortunate. Vagueness, however, is also problematic, because it opens up for a new area of heated discussions. This may exacerbate the conflicts, because when the law is vague, both parties may be certain that the law is on their side. 5 Concluding remarks Some of the proposals have an impact in the intended direction, by reducing wage pressure, but the overall effects are likely to be weak. This goes for the recommendations to Act early in negotiations; to Delay potential industrial action; to insist on a Extended notice period. Some of the other proposals, like The principle of proportionality, opening up for Compulsory arbitration, and Combined decision making, are potentially much stronger measures. As these measures, however, are more profound interventions in the wage setting, they are also likely to be met with stronger resistance. Presumably, it will be possible to achieve acceptance for a moderate use of these measures. Yet a moderate use of these measures is unlikely by itself to have a significant impact on the wage formation. Compulsory arbitration might clearly have a significant impact on wage formation. However, the resistance against an active use of these measures may also make it more difficult for the mediator to undertake other obligations. A comparison with Norway does not give reason to much optimism in this respect. From a Norwegian point of view, the non-interventionist tradition in Swedish industrial relations is very strong. Yet even in Norway it is problematic to use compulsory arbitration to a degree that has a significant impact on wage setting. The main effect of compulsory arbitration in Norway is probably that it in some situations facilitates restraint in wage setting, as unions can be less concerned that other groups that negotiate afterwards will obtain more. The argumentation above suggests that if a significant stabilizing effect on wage moderation is to be achieved, the proposed measures should probably be combined with other changes. Most importantly, there is need for more co-ordination in the wage setting. The existence of negative externalities in wage determination implies that there is room for collective benefits if wage setters show restraint. There is a gain from co-ordination on both employers’ and employees’ side of the bargain, as indicated by the international comparisons presented in Layard et al. (1991). While most of the suggested proposals, like an interventionist strategy in general, may lead to lower wage pressure, there are also some concerns. External interventions may weaken the self-correcting mechanisms of the system itself. For example, the parties may become dependent on mediation, or even arbitration, as a problem-solving device. More importantly, interventions may lead to resistance that triggers other, undesirable consequences. 17 Appendix: List of Proposals Presented by Labour Market Parties A series of concrete measures intended to produce lasting improvements in wage formation have been proposed by both employee and employer organisations. The most comprehensive proposals have been provided by the Swedish Trade Union Confederation (LO) and the Swedish Employers’ Association (SAF). A summary of all proposals presented to the Swedish Government in spring 1997 is to be found in the Commission’s interim report, ”Medlingsinstitut & Lönestatistik” (SOU 1997:164), section 1.2. In the Commission’s reference group, LO is represented by Hans Karlsson, and SAF by Anders Sandgren. The concrete proposals that have been put forward can be divided into two categories. A short summary of the proposals is presented as follows: Increased Powers for Mediators/Conciliators Act Early in Negotiations Mediators/conciliators should be given powers to, in co-operation with the parties involved, ensure that a certain timescale and order for negotiations and dispute resulutions is put in place such that a new agreement is reached before the term of the old one runs out. Schedule Negotiations All new national agreements on wages and general terms of employment should be reached on a common date. Additional measures needed to produce a sufficient degree of coordination between agreement periods should be tested. Delay Potential Industrial Action As soon as one party threatens industrial action, discussions must be held with a mediator/conciliator who is able to enforce mediation and postpone or break-up industrial action during the mediation period. Collective Decision Making The mediator/conciliator should be given powers to make a ”combined proposal” for several areas and decide that they should be voted on by members of all organisations covered by the proposal. If the ”combined proposal” is approved by the majority of members, or of organisations involved according to the rules of voting the ”combined proposal” will be binding upon all organisations involved. 18 The Members’ Vote It should be possible to demand that members vote on conciliation offers before parties involved have the right to take industrial action. Other Methods to Resolve Disputes Mediators/conciliators should be given the powers to make arrangements for other methods to resolve disputes, e.g. final offer or arbitration. Other Ways to Solve Disputes and Changed Rules for Industrial Action Extended Notice Period The present statutory notice period, i.e. that period before industrial action may be taken, should be extended. 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