1 UNION MEMBERSHIP AND INDUSTRIAL ACTION IN BRAZILIAN PUBLIC SETOR IN THE 2000s Walter Arno Pichler1 - Brazil Giovana Menegotto – Brazil Summary This paper aims at describing the trends of union membership and of the strike movement in Brazil during the 2000s. The focus is placed on the evolution of the stoppages – measured both by the annual amount of strike and by the working hours lost due to stoppages – in the public sector. In recent years union membership went into an overall decline whereas the amount of strikes and, especially, the amount of working days lost, soared, particularly in the public sphere. One of the sources of evidence used is the annual households’ survey, called Pesquisa Nacional por Amostra de Domicílios (PNAD), from the Brazilian Institute of Geography and Statistics (Instituto Brasieiro de Geografia e Estatística – IBGE). The other source is System of Strike Monitoring (Sistema de Acompanhamento de Greves – SAG) set up by the Department of Inter Union Statistics and Social and Economic Studies (Departamento Intersindical de Estatística e Estudos Sócio-Econômicos – DIEESE). The turn of the millennium brought great challenges for the trade union movement in most industrialized countries. Economic and political factors negatively affected the general trend of unionization (BAMBER, Lansbury and Wailes, 2004; CHECCHI and Visser, 2005; JOSE, 2002; LAWRENCE and ISHIKAWA, 2005 and others). The decline in the levels of union membership is associated to globalization, to the introduction of neoliberal economic policies, to the introduction of flexibility in the labor market, to the international financial crisis and rising unemployment, as well as to technological changes and its implications on the structure of employment and composition of the workforce. In the traditional economic activities (such as the 1 Economist e sociologist, researcher of the Fundação de Economia e Estatística (FEE), PhD in Industrial Relations, The London School of Economics and Political Science, London, UK. E-mail: walter@fee.tche.br 2 Manufacturing Industry and Construction) predominated male employment, yet in new occupations and productive segments there is a growing female presence. This context also led to a decrease in the intensity of the strike movement in most OECD countries (http://www.oecdilibrary.org/docserver/download/8107021e.pdf?expires=1394822182&id=id&accname= guest&checksum=1EAE1249081F3200BC3285F0969873B6). According to this source, the amount and intensity of work stoppages fell by half between 1980-1984 and 20002004 in most industrialized countries. In the case of the U.S., for example, the amount of stoppages involving 1000 or more workers fell from 270 in 1947, to only 15 in 2013 – which represents 5,5% of the whole amount of the 1947 (http://www.bls.gov/news.release/wkstp.t01.htm). The decline in unionization rates cannot be generalized. Union density dropped in countries like the USA, France, UK and Australia, while in other countries, it rose or remained relatively stable, as in the case of Sweden and Canada (Lawrence and Ishikawa, 2005). Moreover, union affiliation fell in the manufacturing industry, whereas in the service sector it experienced a growth (LAWRENCE and ISHIKAWA, 2005). Therefore we can claim that unionization had divergent trends in different countries and even in different sectors of economic activity. In Brazil unionization rates experienced a small decline during the 1990s, yet between 2000 and 2006 this trend was reversed (Pichler 2009), and again a new decline is noticeable since the end of the last decade. The description of this aspect is one of the aims of this paper. With regard to the level of conflict in labour relations, expressed in the strike movement, the literature also points out a number of factors that may explain the retrogression in strike activity in most industrialized countries in the 90s and early 2000s (OECD (2007). Among them are structural changes in employment - such as reduction of the manufacturing industry and the rise of jobs in the service sector. But this factor does not explain alone everything since there is evidence of decline in the strike movement both in the industrial sector and in the tertiary sector. The general aim of this paper is to examine the moves in union membership, union density and in the strike movement in Brazil between 2002 and 2012, a period marked with significant changes in the broader environment, and, in particular, in the 3 economy and in industrial relations. The last decade was characterized by high rate of growth of the GDP, by an increase of exports, by a significant reduction of unemployment rates, increase of formal employment, increase of wages and reduction of inequalities. From the political point of view, the decade was marked by the rise of the Workers Party to power, firstly with the President Lula government (from 2003 to 2010) and since 2011 with President Dilma Rousseff. The paper starts with methodological remarks and definitions. The second section is concerned with the description of the situation and the recent evolution of union density in Brazil over the period under consideration. The third section sheds light on the current situation and the moves of the strike movement over time and the final section points out the main findings of the research. METHODOLOGICAL REMARKS AND DEFINITIONS Unions are elements of an industrial relations system. The term system refers to a comprehensive totality of interrelated institutional structures and interdependent behaviours (Dunlop, 1993; KAUFMAN 2004). The concept of labour relations is defined, by Kaufman (2004), as all behaviours, products, practices and institutions that emanate from - and that affect - employment. This includes the production process, the employment relation and a set of social institutions such as the labour market, the product market, the organizations that include and coordinate the production process, and collective actors. The study of labour relations, also includes elements that affect this type of social interaction, such as: the general social aspects (culture, social class, ethics, ideologies and historical aspects); science and technology; the nation-state; and rules that define the relationships among the social actors. Trade unions, the organizations that represent the interests of employers and employees, are among the main institutions - besides firms and markets – of an industrial relations system. These entities develop collective actions, in order to further their interests, and play an important role in establishing the rules governing labour relations, mainly through collective bargaining (Beaumont, 1990; DUNLOP 1993; SALAMON 1998). 4 The expression ‘trade union’ (in Portuguese ‘sindicato’) is here defined according to the Brazilian labour legislation2. ‘Sindicatos’ are “all those associations organised with the aim to study, to defend, and to coordinate the economic and professional interests of all those that, as employers, as employees, as autonomous agents or workers, and as liberal professionals exert, respectively, the same activities and professions or similar, connected trades and professions”3. Union membership and union density indicate the size of workers’ organizations and the relative power of unions in society, respectively (Salamon 1998). Union density is defined as union affiliation in relation to the potential number of union members. In this paper I use the expression union density in the sense of net density, which is calculated by dividing total union membership by the total number in the workforce (Lawrence and Ishikawa, 2005: 4). Workforce refers to the number of employees (or wage earners) in a defined geographic area. Strike is a type of industrial conflict. It is defined as a temporary suspension of working arrangements which is initiated unilaterally by employees – through their union or not – or by management with the objective of exerting pressure with the view of determining employment conditions (Salamon, 1998). The indicators of the impact of strike activity (or industrial action) in society – the indicators of this variable used in this research - are the number of strikes and the amount of working hours lost due to strikes. One of the sources of evidence used in this research is the annual households’ survey, called Pesquisa Nacional por Amostra de Domicílios (PNAD), which is carried out by the Brazilian Institute of Geography and Statistics (Instituto Brasieiro de Geografia e Estatística – IBGE), one of the most important official research institutions of the Brazilian federal government. The other source is System of Strike Monitoring (Sistema de Acompanhamento de Greves – SAG) set up by the Department of Inter Union Statistics and Social and Economic Studies (Departamento Intersindical de 2 For further reading on characteristics and recent changes in the Brazilian trade union organization see Pichler (2007). For a brief historical review on trade unions in Brazil, on the practice of collective bargaining, and on broader characteristics and changes in the Brazilian industrial relations system see Pichler (2005). 3 “É lícita toda a associação para fins de estudos, defesa e coordenação de interesses econômicos e profissionais de todos os que, como empregadores, empregados, agentes ou trabalhadores autônomos, ou profissionais liberais, exerçam, respectivamente, a mesma atividade ou profissão, ou atividades ou profissões similares ou conexas” (Consolidação das Leis do Trabalho, Art. 511). 5 Estatística e Estudos Sócio-Econômicos – DIEESE), the most important union advisory agency in the country. The time series begins in 2002 because this is the first year for which comparable union data is available, and ends in 2012 because it is the last information reported by IBGE. UNION MEMBERSHIP AND UNION DENSITY IN BRAZIL There is evidence that, in Brazil, 19.1% of whole amount of employees was affiliated to labour unions in 2012 (Graph 1)4. This figure is above the average union density registered in the OECD countries in the same year - which reached 17.0%. Among the countries where the rates were higher than the national one were Sweden (67.5%) and Norway (54.7%). In turn, among the nations where unionization rates were lower than those recorded in Brazil were the United States (11.1%) and Mexico (13.6%) (site: http://stats.oecd.org/Index.aspx?DatasetCode=STLABOUR). Comparing Brazil with other countries of the BRIC groups we can see that Brazilian union density was much lower than China’s - in which, in 2007, was approximately 65.9% (DONGTAO, 2010) -, as well as South Africa’s that, in 2010, amounted to 29.7% (www.ilo.org / ilostat). Finally, in the MERCOSUR group, Brazilian unionization levels were higher than those of Paraguay and Chile - 7.2% (2011) and 17.1% (2010) respectively -, but lower than Argentina’s and Uruguay’s 40.3% (2008) and 28.8% (2010) respectively (www.ilo.org/ilostat). Figure 1: Union density in Brazil and in OCDE countries, 2002-2012 4 In 2012 in Brazil there were around 95 million employees (or wage earners) and around 16 million union affiliates. The number of unions amounted to 15 thousand in 2013, and the number of union confederations amounted to 05 in 2012 http://oglobo.globo.com/economia/com-mais-de-250-novos-sindicatos-por-ano-brasil-ja-temmais-de-15-mil-entidades-8237463; http://www.cnmcut.org.br/conteudo/cai-o-numero-decentrais-sindicais-reconhecidas-pelo-governo. 6 Sources: PNAD-IBGE; http://stats.oecd.org/Index.aspx?DatasetCode=STLABOUR As regards to the moves of the overall unionization rate through time we can see that the index - among the category of employees - experienced a diminution of 1.7 percentage points between 2002 and 2012, ranging from 20.8% to 19.1% (Figure 1). A closer observation of the chart reveals, however, two clear phases of evolution during this period. The first happened between 2002 and 2006, the years during which the participation of employees in union increased 1.8 percentage points, reaching, in 2006, 22.6% of the whole amount of employees in Brazil. The second phase occurred between 2007 and 2009, a phase during which the union density remained relatively stable, and the third from 2009 onwards. The latter phase is marked by the international financial crisis, which slowed the rate growth of the GDP of the country - in 2009 it experienced a negative growth of minus 0.3% - negatively affecting the labour market and unions. This slow down considerably affected unionization rates, which diminished, in 2012, 3.2 percentage points in relation to 2009. It is too early to speculate on the future trend of the rate of unionization in Brazil. The question is whether or not henceforth it will follow the downward trends of the OCDE countries. Figure 1 shows that the national indicators did not keep pace, during most of the years, union density figures observed in this block of countries. In Brazil the decline started only from 2009 onwards, whereas in the OECD area, the fact has been occurring since the beginning of the period. Summing up, evidence shows that during the period under consideration unionization (or density rates) varied considerably. Throughout the first half of the time series - which coincided with the rise to power of Workers Party and the Lula 7 government - Brazilian overall figures entered in a phase of growth – while in many of the most industrialized countries the rates declined. In other words, during these years Brazilian unions became stronger, while in most or the rest of the world they became weaker. In contrast, during the second half unionization rates stabilized and then (after 2009) they entered into retrogression. This move coincided with the end of the Lula era and the rise of Dilma government. CURRENT SITUATION AND EVOLUTION OF THE STRIKE MOVEMENT The Brazilian strike movement has considerably expanded during this century. In 2012 there were recorded 873 strikes, the highest number since 2002. According to DIEESE, in this year the stoppages accounted for 381.7 million working-hours lost (Table 2). The number of strikes nearly tripled between 2002 (298 strikes) and 2012 (873) while the number of working-hour lost more than tripled in the same period. According to DIEESE’s estimates, in 2002 working-hours lost due to strikes amounted to around 116.6 million while in 2012 around 381.7 million. The Brazilian strike movement gained momentum in the end of the last decade, during the same period during which union density rates entered in decline. Between 2002 and 2007 the number of strikes has remained relatively stable, while the workinghours lost, after a peak in 2003, tended to decrease (see Table 2 and Figure 3). The intensification of the movement occurred after 2008, after the outbreak of the great international financial crisis. Between 2009 and 2012 the number of strikes increased by 68.5%, while the working-hours lost by 200.4%. The fact that the whole amount of working hours lost raised more than the number of strikes indicates that the stoppages not only increased in number but also in their political importance and its economic impact on. In other words, Brazilian industrial relations became more conflictive at the end of Lula government and, especially, during the Dilma Roussef period. 8 Table 2: Number of strikes and number of working hours lost, Brazil, 2002-2012 Year Number of strikes Number of working-hors lost 2002 298 116.620.512 2003 340 340.954.860 2004 302 150.484.289 2005 299 230.604.495 2006 320 183.776.042 2007 316 237.156.516 2008 411 143.432.937 2009 518 127.030.961 2010 445 264.929.771 2011 554 341.761.660 2012 873 381.662.820 SOURCE: SAIS/SAG-DIEESE. 9 Figure 3: Evolution of the index number of strikes and of working hours lost in Brazil, 2002-2012 350.0 300.0 250.0 200.0 150.0 100.0 50.0 2002 2003 2004 2005 Nº de greves 2006 2007 2008 2009 2010 2011 2012 Trabalhadores-Horas paradas Source: SAIS/SAG-DIEESE. Note: Index Number Fixed Base: 2002 = 100. Analysing strike data from economic sectors perspective, we can see that public servants (federal, regional state and municipal level employees) were the most active during the period (Chart 8). This group accounted for 45.3% of whole amount of strikes recorded in the country. Within this set stand out the regional state civil service - with 20.2% of total strikes in the period - and the municipal civil service - 18 9%. Workers of the Manufacturing Industry accounted for 29.9% of the total, and the Services Sector for 22.9%. Workers of Commerce, the Rural Areas and Multi-sectorial strikes had little expression. Figure 4: Percentage of strikes and of working-hours lost, per sector, Brazil, 2002-2012 SOURCE: SAIS/SAG-DIEESE. 10 Public servants not only dominated the scene in relation to the number of strikes, but could also be accounted for the largest political and economic impact in the country. Between 2002 and 2012 the number of working-hour lost due to the action led by this category of employees reached 77.7% of the total. Within this group stands out the importance of the regional state public sector, which accounted for 41.6% of the overall total, as well as the federal public sector, with 31.2% of the total. Despite having led a relatively high number of stoppages, municipal workers had a relatively modest impact on total amount of working-hours lost (4.9%). Within the federal government stands out the strikes led by the employees of the Executive Branch – responsible for 52.9% of the total working-hour lost due to the action of this subgroup –, the employees of the Federal Public Schools (34.7%) and those of the Federal Judiciary (9.5 %). Together, these three categories accounted for almost the whole amount of working-hours lost recorded by this group (97.2%). The Manufacturing Industry, despite being one of the groups with the highest incidence in the number of strikes during the period (about 30%) reported only 10.6% of the total working-hour lost. Within this group stand out the Construction and Furniture industry - with 82.2% of the total working-hours lost - and the Engineering Industry - with 12.9%. These two subgroups accounted for 95% of the total Manufacturing Industry. Finally, the Services sector, which alone accounted for the second highest number of strikes in the period, had an impact similar to the Manufacturing Industry 10.8% of all workers-hour charts. In this sector the most active categories were the workers of Banking establishments and and those of the Private Insurance and Capitalization – which accounted for 64.8% of total working-hours lost within this subgroup -, and employees of the Communication, Advertising Journalistic enterprises (19.9%). Other sectors of productive activity distinguished here had very little impact on the economy and society in the period. FINAL REMARKS This study concludes that the unionization rates in Brazil increased in the first part of the last decade, remained relatively stable between 2007 and 2009, and entered in decline since then. This evolution contrasts with the trends of trade union density observed in the area of OECD countries, which has experienced a persistent tendency of 11 decline ever since 2002. The research also concludes that the Brazilian strike movement remained relatively stable and was characterised by low intensity between 2002 and 2008. After then the stoppages entered in a phase of rapid increase. The question is what are the factors that have triggered the strikes in the public sector. One of the hypothesis is that the unrest of civil servants was due, firstly, to the freeze of wages in the public sector imposed by Dilma Rousseff government and, secondly, due to the reform introduced in the official social security system. Finally, the study shows that the strike movement that had a larger impact in society - indicated by the whole amount of working-hour lost - were nationwide strikes. Regarding the data from the sectorial point of view, we can see that the strikes led by the civil servants were those that had the strongest economic and political impact in Brazilian labour relations during the period. This category led strikes that accounted for about 80% of the total working-hour lost in the country. This group includes workers of the National Executive branch, of the Federal Public Education Network, and of the Judiciary - the former three were the most active categories in nationwide strikes. The civil servants group also includes workers of the State Public Education Network, those of the Health System Network, as well as those of the Municipal Education Network. The stoppages led by workers of the Engineering Industry and of the Construction and Furniture industry had a minor or just regional impact. As regards to the causes of the strikes in the public sphere, in 2012 the claims of defensive nature – in 73% of the cases. Most of the issues were about the breach of rights (52%). In the private sphere there was greater equivalence between the proportion of propositional claims and defensive claims. The protest strikes were more intense in the public sphere rather than in the private sector (Dieese 2013). An overall view shows that, in the 2000s, strikes were characterized by the predominance of claims of a propositional nature, in contrast to what occurred in the previous decade. The changing mood could be due to the resumption of economic growth and the consequent reduction in the unemployment rates. In recent years however we had a resumption of strikes of a defensive character. 12 REFERENCES BAMBER, G.J.; LANSBURY, R. D.; WAILES, N. 2004. Introduction. In: BAMBER, G.J.; LANSBURY, R. D.; WAILES, N. International and comparative employment relations: globalisation and the developed market economies. Londres, Sage. BEAUMONT, P. B. 1990. Change in industrial relations: the organisation and environment. London: Routledge. BEN-ISRAEL, G.; FISHER, H. 1994. Trade unions in the future: organisational strategies in a changing environment. In The future of industrial relations: global change and challenges, ed. Niland, J. R., Lansbury, R. D., and Verevis, C. London: Sage. CHECCHI, D. and J.Visser. 2005. Pattern persistence in European trade union density. European Sociological Review. CLT. BRASIL. Decreto-lei nº 5452, de 1º de maio de 1943.. Aprova a Consolidação das Leis do Trabalho. Disponível em http://www.planalto.gov.br/ccivil_03/decretolei/del5452.htm DIEESE. 2013. Balanço das greves em 2012. Estudos e Pesquisas número 66. São Paulo: DIEESE. Maio de 2013. 35p. DUNLOP, J. T. 1993. Industrial relations systems. Boston: Harvard Business School Press. INSTITUTO BRASILEIRO DE GEOGRAFIA E ESTATÍSTICA (IBGE). Pesquisa Nacional de Amostra de Domicílios (PNAD) – 2011. Rio de Janeiro: IBGE, 2011. Disponível em:<http://www.ibge.gov.br/home/presidencia/noticias/imprensa/ppts/00000010135709 212012572220530659.pdf>. Acesso em: 10 de fevereiro de 2014. JOSE, A. J. Jose, A. V. (Ed.). 2002. Organised labour in the 21st century. Geneva: International Labour Office. KAUFMAN, Bruce E. 2004. Theoretical Perspectives on work and the employment relationship. Urbana-Champaign, University of Illinois. 13 KELLY, John; FREGE, Carola. 2005. Variedades no mundo capitalista avançado. Revista “Democracia e Mundo do Trabalho, Ano 1, Nº 1, janeiro/junho, Porto Alegre. LAWRENCE, Sophia; ISHIKAWA, Junko. 2005. Trade union membership and collective bargaining coverage: statistical concepts, methods and findings. Genebra, OIT. Working Paper nº 59. OECD. 2007. “Strikes”, in Society at a Glance 2006: OECD Social Indicators, OECD Publishing. Disponível em: http://dx.doi.org/10.1787/soc_glance-2006-34-en PICHLER, Walter A. 2009. Trajetória do associativismo sindical no Rio Grande do Sul e no Brasil - 1992-2006. Indicadores Econômicos FEE. – Porto Alegre – v.37, n.1. SALAMON, M. 1998. Industrial Relations: Theory and Practice. Londres, Prentice Hall.