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Sweden: Lessons of the Vaxholm builders dispute
By Steve James
27 June 2006
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When some 30 Latvian builders started work in Sweden in 2004,
the sound of their labours echoed far beyond Stockholm. Contained
within what became known as the Vaxholm dispute are issues that
sharply expose the character of the European Union, the nature
of its eastward expansion, and the bankruptcy of the trade union
response.
Latvia joined the European Union in 2004, following several
years during which the tiny former Soviet satellites economy
was geared towards membership, and the hard-pressed working population
was bombarded with reports of the benefits of joining the worlds
largest single market. EU membership was approved by 67 percent
of votes in late 2003. Just over 1 million people voted71
percent of the electorate.
The large vote in favour of the EU reflected the bitter experiences
of many Latvians since the collapse of Soviet Union in 1991. Between
1991 and 2002, according to the World Bank, the population fell
by 12 percent, to 2.3 million. Despite this, unemployment peaked
at 20 percent in the mid 1990s, and remains at around 11 percent.
The minimum wage is the equivalent of 120 per month ($US150),
the average wage around 230 ($US289). Insecure undeclared
envelope work forms between 15 percent and 45 percent
of employment, and up to 18 percent of GDP. The country has the
highest rates of accidents at work in the EU. This is particularly
the case in the construction industry.
There are also very sharp regional disparities between cities.
This is particularly the case comparing the capital Riga, which
is something of a boomtown, where unemployment is relatively low
and wages are high, and rural areas such as Latgale, where unemployment
is 18 percent and wages are only 73 percent of the already low
national average.
As is the case across the accession countries in Eastern and
Central Europe, Latvian workers form a pool of cheap labour for
both Latvian and foreign employers. Some 50,000 Latvians are estimated
to be working in other parts of the European Union, particularly
in Ireland where as many as 20,000 are employed, and Britain.
So far only Britain, Ireland and Sweden have fully implemented
the EUs mobility of labour measures.
In 2004, the Latvian-based construction company, Laval un Partneri,
started work on a school refurbishment and rebuilding project
in Vaxholmthe main town on an archipelago of islands in
the Baltic Sea outside Stockholm. The contract, offered to the
lowest bidder, was the latest in a series for the companys
Swedish subsidiary seeking to exploit the stark wage discrepancy
between Sweden, with an average wage of around 1,900 per
month, and its Baltic neighbours.
Lavals subsidiary, L&P Baltic AB, paid its workers
relatively high wages for Latvia, around 9 per hour, in
addition to offering food and accommodation. But this is substantially
below the rate agreed for construction workers with the main construction
union in Sweden, Byggnad.
Byggnad, citing the longstanding practice in Sweden of minimum
wages being set across industries through collective agreements
with employers, unions and the state, demanded that Laval pay
the Swedish rate of around 16 per hour. Collective agreements
generally involve no-strike and no-lock-out deals between the
unions and the employers in return for an agreed pay structure
and dispute resolution procedures.
Such is the importance of the collective agreements that Sweden,
a country where trade union membership stands at 80 percent of
the workforce, negotiated an annexe to its EU membership application
in 1994/95, which acknowledged that collective agreements should
be recognised as an expression of EU law in Sweden. Denmark negotiated
a similar arrangement.
In both countries, the trade unions have for decades played
a central role in dictating the trajectory of the economy. In
recent years they have been the principal instruments through
which social peace has been maintained while their economies have
been reorganised to be globally competitive. This has been achieved
without direct confrontations between the working class and the
employers.
Laval initially agreed to be bound by the agreement, but then
changed its mind. Anxious to exploit lower pay levels in Latvia,
the company claimed it already had an agreement with the Latvian
Building Workers Union. Therefore there was no need for a Swedish-style
collective agreement.
In response, Byggnad arranged for picketing of the site by
up to 50 building workers, ensuring that supplies were not delivered.
The electricians union called a one-day solidarity strike. Picketing
was sustained for seven weeks.
The union was demanding a significantly higher rate of pay
for the Latvian workers, but the underlying issue at stake for
the union bureaucracy was the collective agreements on which the
Swedish model of a corporatist alliance between capital
and the trade unions is based. This is why the principal slogan
on the picket line in Vaxholm was Swedish laws in Sweden
and why the dispute was given tacit support by the Social Democratic
government.
Swedish model called into question
The dispute escalated into a major political issue in both
countries. A diplomatic row broke out between them and the EU
in which not only Byggnads collective agreement but the
entire Swedish model was called into question.
The Latvian government demanded that Sweden enforce the free
movement of services in the EU. Foreign Minister Artis Pabriks
complained that the response in Sweden goes against our
understanding of why we joined the EU. The Latvian press
denounced the Swedish trade unions as anti-Latvian. A government
working party was established to examine whether the Swedish government
position constituted a breach of EU law.
The Swedish union took the unprecedented step of countering
charges of xenophobia from Latvian employers by advertising in
the Latvian press for recruits. Laval sued Byggnad in the Swedish
Labour Court as a first step towards taking the case to the European
Court of Justice.
Lavals case was also taken up by the building industry
in Sweden, the Confederation of Swedish Employers, Svenskt Näringsliv,
and the Moderate (conservative) Party. The federation represents
some 55,000 Swedish companies.
Svenskt Näringsliv have been growing increasingly frustrated
with the Swedish model, which it believes hinders capitals
ability to exploit cheap labour. It is also opposed to workers
willingness, and legal ability, to take sympathy strikes in defence
of pay rates and collective agreements, particularly in the construction
and transport industries.
In a recent document, The Swedish Model is Capsizing,
the federation called for a proportionality rule to
restrict any strikes effectiveness, a ban on secondary action,
legally enforced negotiations, bans on strikes that are a danger
to society, and on strikes by any union that occur in industries
where a collective agreement is already in force with another
union.
Employers appeal to the European Court of Justice
In February 2005, L&P Baltic AB lost the Vaxholm contract,
after the local authority decided to rely on contractors that
respected collective agreements. Work on the school was completed
by Swedish Byggnad members. Shortly after, the Swedish Labour
Court ruled in favour of Byggnad.
Matters did not end there, however. Svenskt Näringsliv
encouraged, and paid for, Laval to continue its dispute with Byggnad.
In April 2005, the Labour Court overturned its previous decision
not to refer the case to the European Court of Justice. The ECJ
generally rules on matters in which collective interests of European
capital come into conflict with national arrangements in any of
the EUs member countries.
Lavals lawyers contended that the Labour Court in Sweden
had not given due regard to European law in its decision. The
case thereby became a test of the extent to which European law
could be utilised to break up Swedens collective agreements,
in the interests of low-paying employers.
The controversy reached into the European Commission itself.
In October 2005, the EU Commissioner in charge of the Internal
Market and Services, former Irish finance minister Charlie McCreevy,
stated that he considered Swedens attitude to the Vaxholm
dispute a breach of EU rules.
McCreevys comments immediately produced a storm from
Swedish and Danish Social Democrats and trade union leaders across
the continent, while provoking divisions in the commission itself.
Former Danish Prime Minister Poul Nyrup Rasmussen complained
that McCreevy had destroyed Swedes understanding of Europe
in half an hour.
The European Trade Union Federation, under former British Trades
Union Congress leader John Monks, demanded that European Commission
President Jose Manuel Barroso explain whether McCreevys
attack on the Swedish social model represented the
views of the Commission.
Barroso responded reassuringly: In no way are we going
against or criticizing the (Swedish) social model.
However, when summoned to a late 2005 European Parliament hearing
on the dispute to explain himself, McCreevy insisted, Latvian
trade union members are entitled to have their interests defended
as much as Swedish trade union members ... the real issue to me
is what do we mean by an internal market.
McCreevy was giving voice to the demand of the major global
corporations to be able to bid for contracts throughout Europes
vast internal market while offering the lowest possible wages.
The commission as a whole is very much in favour of this, but
Barroso clearly felt that it was not politic to take a position
that would not only run counter to the preferred political arrangements
of some member states, but fuel popular opposition to the EU.
There is no sign that the EU is any more popular than when
Dutch and French voters rejected the EU constitution, largely
on the basis that it prepared the ground for a massive assault
on social welfare. A new wave of disaffection with the EU in Sweden,
particularly with a general election due in 2006, would not be
helpful.
In addition, the Nordic model of social welfare,
and the close relations with the trade unions on which it rests,
has some support amongst sections of business. Its so-called flexicurity
policies, under which workers retained some level of social provision
while industries are restructured in line with the demands of
global competition, is seen in some quarters as an alternative
to the neo-liberal model of the United States and
Britain.
Aware of this, Swedish Employment Minister Karlsson went so
far as to threaten Swedish withdrawal from the EU. Speaking on
January 30, 2006, on the eve of a European Commission statement
on the matter, he warned, That question [withdrawal] will
be raised, Im quite certain about it. Swedish workers will
be disappointed to say the least. There are a lot of people out
there who voted for EU entry in the belief that the Swedish model
would stay intact.
This had its effect. The EU Commissions official submission
to the ECJ contradicted McCreevy and explicitly stated, It
is possible for Swedish trade unions to demand the foreign companies
with employees on postings in Sweden negotiate collective agreements.
Swedish unions offer employers an alternative
The essential concern of the trade union bureaucracy is to
defend its own place within the structures of corporate management,
not the interests of its members. In fact, the trade union federation
Sweden LO and Svenskt Näringsliv have agreed on a process
to manage the importation of large numbers of East European workers.
According to their agreement, any foreign company could become
a temporary member of Svenskt Näringsliv. The company would
then come under the remit of the collective agreement applying
in the industry. Svenskt Näringsliv hailed the agreement
as offering new members the benefits of the no-strike clause,
while according to the European Foundation for the Improvement
of Living and Working Conditions the agreement promised to give
regard to the existing wage structure in the foreign company.
In effect the Swedish trade unions are now managing the undermining
of existing wage rates and working conditions on behalf of business.
This is the reality of the call for Swedish laws in Sweden.
The working class has to find a way to practically and politically
unify its struggles across and beyond all European borders.
The Vaxholm dispute shows the danger posed to workers when
capitaleven the meanest Baltic employment agencyorganises
globally while they remain trapped within nationalist and pro-capitalist
organisations.
The Swedish and Latvian workers now being pitted against one
another have common interests, as do their German, Russian and
Polish counterparts. All confront the EU, the employers, and their
own national governments as an enemy. None can defend themselves
within the framework of even the wealthiest nation state. Instead
they must wage a continent-wide offensive against corporate wage-cutting
as part of a political struggle for the reorganisation of economic
life in their interests through the creation of a United Socialist
States of Europe.
See Also:
Swedish union bureaucracy
uses GM strike to undercut German workers
[5 November 2004]
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