Industrial Relations and the Environment: Ten Countries Under the Microscope Volume II (Reports o n Greece, Italy, Netherlands, Spain and U.K.)

• ** *^ European Foundation _5] * for the Improvement of * • * Living and Working Conditions Industrial Relations and the Environment: Ten Countries Under the Microscope Volume II (Reports on Greece, Italy, Netherlands, Spain and U.K.) Loughlinstown House, Shankill, Co. Dublin, Ireland Industrial Relations and the Environment: Ten Countries Under the Microscope Volume II (Reports on Greece, Italy, Netherlands, Spain and U.K.) EF/93/18/EN Industrial Relations and the Environment: Ten Countries Under the Microscope Volume II (Reports on Greece, Italy, Netherlands, Spain and U.K.) ISBN 92-826-6023-0 (Vol. II) Price (excluding VAT) in Luxembourg: ECU 25 Industrial Relations and the Environment: Ten Countries Under the Microscope Volume I (Reports on Austria, Belgium, Denmark, France and Germany) ISBN 92-826-6022-2 (Vol. I) Price (excluding VAT) in Luxembourg: ECU 30 Industrial Relations and the Environment: Ten Countries Under the Microscope Volume I and II ISBN 92-826-6021-4 (Vol. I and II) Price (excluding VAT) in Luxembourg: ECU 50 *t-i, ** European Foundation _^3 * for the Improvement of • * • * Living and Working Conditions Industrial Relations and the Environment: Ten Countries Under the Microscope Volume II (Reports on Greece, Italy, Netherlands, Spain and U.K.) Edited by Andrea Oates and Denis Gregory Loughlinstown House, Shankill, Co. Dublin, Ireland Tel: +353 1 282 6888 Fax: +353 1 282 6456 Telex: 30726 EURF EI Cataloguing data can be found at the end of this publication Luxembourg: Office for Official Publications of the European Communities, 1993 ISBN 92-826-6023-0 © European Foundation for the Improvement of Living and Working Conditions, 1993. For rights of translation or reproduction, applications should be made to the Director, European Foundation for the Improvement of Living and Working Conditions, Loughlinstown House, Shankill, Co. Dublin, Ireland. Printed in Irehnd Contents Acknowledgements Editorial Overview Country Reports Greece 7 Italy 41 Netherlands 73 Spain 121 U.K 177 Volume I contains the reports on Austria, Belgium, Denmark, France and Germany. ACKNOWLEDGEMENTS These volumes are the product of many hands. Insofar as the editing process is concerned thanks are due to all the original report authors who generously agred, or at least co-operated, with the editors to amend or clarify their original drafts. Helpful comments were received from Dr Hubert Krieger and Dr Eberhard Schmidt who were both entirely supportive throughout. Particular thanks and praise should be recorded for the efforts of Iris Reynolds at the Labour Research Department and Sheena Anderson, Yvonne Williams and Diana Crayk at Ruskin College for their skill and patience in dealing with the vagaries of transcribing and integrating a bewildering variety of computer diskettes. Andrea Oates and Denis Gregory November 1992 CONTENTS 1. STATUTARY BODIES '11 1.1 Authorities for the protection of the environment 1.2 Authorities for Occupational Health and Safety. 14 2 THE ENVIRONMENTAL AND OCCUPATIONAL HEALTH AND SAFETY LEGISLATION 15 2.1 The industrial relations aspects in the existing legislation for the environment 2.2 The industrial relations aspects in the existing legislation on OH&S 16 3. PROSPECTS FOR THE ENVIRONMENTAL AND OH&S POLICY FORMULATED BY AGREEMENTS BETWEEN THE INDUSTRIAL ACTORS 19 4. STATEMENTS, DEMANDS, PROJECTS AND PUBLIC CAMPAIGNS FROM THE INDUSTRIAL ACTORS IN ENVIRONMENTAL ISSUES, 20 4.1 Employers' organizations and management views 4.1.1 Employers organization views 4.1.2 Management views 24 4.2 Trade union views 5. CURRENT ENVIRONMENTAL CONFLICTS AND THE ATTITUDE OF THE INDIVIDUAL ACTORS TOWARDS THEM 27 6 . SUMMARY AND RECOMMENDATIONS 29 7 . ANNEXE 36 8 . REFERENCES 39 10 ABBREVIATIONS L. Law M.D. Ministerial Decision L.A. Legislative Act A.C. Act of the Cabinet S.O. Sanitary Order O.J.G. Official Journal of the Government I.C. International Convention L.D. Legislative Decree S.C.C. Supreme Chemical Council G.S.C.L. General State Chemical Laboratory P.D. Presidential Decree M.D. Ministerial Decree R.D. Royal Decree M.O. Ministerial Order Circ. Circular METPPW Ministry for the Environment Town Planning & Public Works MSA Ministry for Social Affairs MPPHE Ministry for Physical Planning, Housing and Environment Deer. Decree Res. Resolution M.C.O. Market Control Order I.L.C. International Labour Convention 11 1 STATUTARY BODIES 1.1 Authorities for the protection of the environment After the passing of the Law on Town Planning and the Environment (L. 360/1976) , many services for environmental issues were formed in Ministries and other Public Organizations. Many public/semi-public and private agencies are currently directly or indirectly dealing with the environment. Specifically, there are nine Ministries, two Legal entities (Regulating Planning Councils for the Environmental Protection of Athens and Thessaloniki) and other public agencies, such as the Greek Tourism Organization, the National Weather Forecast Service, the Greek Marine Research Centre (former IOKAE), the Greek Nuclear Energy Company, the Benaki Phytopathologie Institute, the National Observatory of Athens, Thessaloniki and several other cities. The current responsibilities of the agencies dealing with the environment, will be mentioned briefly. Ministry for the Environment, Town Planning & Public Works Its responsibilities, in brief, are the following: urban planning, housing and town planning policy making. the formation and application of mapping and ownership programs the expression of direction and the implementation of governmental policy in environment related issues the formation of plans and programs for the application of control and coordination of special programs for environmental protection the observation of natural human environmental quality and industrial activity pollution control covering of issues not included in the responsibilities of any other agency the proposal of legislative measures appropriate to its responsibilities. After the merger of the former Ministry for Public Works with the former Ministry for Physical Planning, Housing and Environment, the surveillance, supervision, control of studies for land reclamation, water supply and sewage works were included in the responsibilities of the General Secretariat for Public Works. 12 Ministry for the Industry, Energy and Technology (YBET) This Ministry has the responsibility for the National Council for Energy and Management of the water and natural resources and "the determination of Industrial policy". Ministry for Agriculture Environmental responsibilities include the protection of plants, the legislation and study of issues related to agricultural and non-agricultural activities, the development and protection of water and ground agricultural resources, the management and protection of forests and forest areas, hunting, the development of fishing (estuary, watercultivation, internal waters) and its protection from pollution and the laboratory testing of waters and soil and legislation on all the above issues. Ministry for Internal Affairs Responsibilities involve the watering, protection and control of environmental pollution during the collection, removal and disposal of solid and liquid wastes, at the Local Authorities (L.A.) level. Ministry for Merchant Navy Responsibilities comprise the proposal of legislative and administrative measures and the ensuring of the necessary technical background for dealing with marine pollution. Ministry of Transportation Responsibilities comprise the proposal, promotion and control of legislative and administrative measures for the environment's protection from exhaust gases, noises and other disturbances from motor vehicle traffic. Ministry for Public Order Responsibility is to enforce the application of provisions for environmental protection. Ministry for Health & Welfare Environmental responsibility includes the study and monitoring of sanitary provisions and programs for the sanitary protection and cleansing of waters (surface water, underground water, sea water, drinking water) the protection of soil from pollution, the cleansing and promotion of water, supply and sewerage systems, the exercise of precautionary and suppressive sanitary control. 13 Ministry for Labour Main environmental responsibility is the study, legislation and control of sanitary systems at the work place and workers safety. Ministry for The National Economy (YPETHO) This Ministry holds the responsibilities of planning incentives for district and industrial development and controls the financing for development projects and the 5-year Economic Development Plan. Councils for City Planning and The Environmental Protection of the Cities of Athens and Thessaloniki The responsibilities of these councils include the observance and application of regulating plans of the major areas of Athens and central city plans and harmonizing with those of the environmental protection programs and other agencies. The application of protection measures and control of works and activities affecting the environment. In fact, environmental policy is determined mainly by the Ministry for the National Economy and the Ministry for Agriculture. The role of the Ministry for the Environment, Town Planning and Public Works is to make proposals for environmental issues. Essentially it has no power to exercise precautionary or suppressive control to activities or acts affecting the environment. The main characteristics of the administrative mechanism or legislative framework for the environment is the sub division of the responsibilities among the related Ministries. This, it is said leads to a lack of collaboration and coordination among the respective authorities, an absence of specialized executive staff and an inadequate exercise of inspection and surveillance by the public services. In consequence, it has been argued that the environmental dimension does not have a high profile or sufficient influence on public policy. The Technical Chamber of Greece The Technical Chamber of Greece (TEE) is by Law the state's official consultant. It is thus directly involved in development issues of all kinds, such as industrial development, technical infrastructure development, environmental planning and protection, etc. 14 1.2 Authorities and Institutions for Occupational Health and Safety (OH&S) The main authorities for Occupational Health and Safety (OH&S) in Greece are: The Ministry of Labour The Ministry for Industry Research and Technology (YBET) The Foundation for Social Insurance (IKA) The Ministry of Labour is the authority for inspecting the working environment, in all sectors of economic activity, except for mines and quarries. It comprises the Directorate for Working Conditions, responsible for policy making and coordination of the Labour Inspectorates on prefectural level and the Centre for Health and Safety at Work (KYAE) which provides the scientific and technical support to the inspectorates. The Ministry for Industry (YET) is responsible for the inspection of mines and quarries. The Centre for Occupational Medicine and Work Physiology which belongs to IKA is responsible for the investigation of occupational diseases. Apart from the state authorities which play a regulatory role, there are other organizations which have a strong influence on OH&S issues. These are the Technical Chamber of Greece (TEE) with an advisory role as mentioned earlier, professional organizations (occupational physicians, ergonomists, etc.) and trade union organizations mainly the Greek General Confederation of Labour (GSEE) and the Athens Labour Centre (EKA), the last being the only non-public organization with a bureau on OH&S employing a full time professional ergonomist and a part time occupational physician. The framework Law 1568/85 for the health and safety of workers has introduced three important institutions at enterprise level for the promotion of the improvement of working conditions. They are exclusively advisory and are: The Health and Safety Committee, which is described in more detail in section 2.2. The safety engineer, and The occupational physician. According to a transitional provision included in L.1568/85 these three institutions apply only to enterprises employing over 150 persons. Other institutions introduced by the L.1568/85 are the Council for Health and Safety at Work (SYAE) at a national level and the Prefectural Councils for Health and Safety at Work on a regional level, again both are advisory. 15 THE ENVIRONMENTAL AND OH&S LEGISLATION 2.1 Industrial Relations aspects in the existing legislation for the environment Central works councils (KES) operate within public enterprises, namely the Public Power Corporation (DEH), the Hellenic Railway Corporation (OSE) and the Hellenic Telecommunications Corporation (OTE). These councils were formed at the enterprise headquarters and established after a decision of the Minister for Energy and Natural Resources. A central works council has the following responsibilities: to introduce issues regarding the organization, operation, planning and control of the enterprise, to propose methods that increase the productivity and improve the enterprise services, to give opinions to the Supreme Council for Social Control (S.C.S.C.) on regulatory issues and to the Board of Directors about the application of regulations, to give opinions on matters concerning working conditions health and environment, to decide about the formation of local work councils whose composition and responsibilities are similar to those of KES. to decide its operating plan and methods. to decide about cultural, athletic, personnel clubs and restaurant issues, financed by the enterprise budget. A typical KES has nine members and is constituted of employees' representatives directly elected following a general directly proportional voting system. The members tenure of office is three years. These central works councils can contribute to the active intervention of employees on environmental issues resulting from the operation of these three public enterprises. Note: Before the constitution of KES experimental works councils were formed in Public Power Corporation (DEH) according to a collective agreement in 1983. A Presidential Decree of April 6th 1988 - (O.J.G. 63) , implemented the 13 5th International Labour Convention referring to the formation of employees councils of enterprises. 16 This Agreement determines those responsibilities of the employees council that do not refer to issues related to the external environment. These responsibilities are limited to the health and safety regulation of the enterprise, i.e. they focus on the working environment. 2.2 Industrial Relations aspects of the existing legislation on OH&S There are two basic laws in Greece having a direct impact on industrial relations with respect to OH&S. Firstly, the Law 1568/86 "Health and Safety of the Workers" and secondly the Law 1767/88 "Work Councils and other Labour Regulations - Ratification of the 135th International Labour Convention". The two main participatory bodies for OH&S on enterprise level are the health and safety committees and workers Councils provided by the Laws 1568/85 and 1767/88 respectively. According to the Law 1568/85 (article 2a, paragraph 1) "The workers employed in enterprises with more than 50 employees have the right to set up Health and Safety at Work Committees, consisting of their elected representatives in the enterprise. In enterprises employing from 20 to 50 persons, a Representative for health and safety at work is elected" . However, according to the transitional period defined by the same law (article 14, paragraph 1), a health and safety Committee may be elected in enterprises which employ over 150 persons. Law 1767/88 gives the right for workers to elect work councils in undertakings with more than 50 employees. This right extends to undertakings with more than 2 0 employees if there is no other kind of trade union in the enterprise. The work councils have broader responsibilities than the health and safety committees and enjoy the right of common decisions with the employer on certain issues. They also appoint the members of the health and safety committee. The health and safety committee, either elected directly or defined by the work council, has the right to be informed about : Industrial accidents and occupational diseases occurring in the undertaking. The introduction of new technologies in the enterprise, new production processes and substances, insofar as these measures affect health and safety conditions. Any harmful agents the workers are exposed to. The work council has the right to be informed, before any final decisions are taken, on the following matters: 17 Yearly expenditure plans on measures for health and safety at work. The undertaking's policy for health and safety. Any change of the plant's installations, like relocation, expansion or shrinkage. The health and safety committee's advisory rights are: To propose measures for the improvement of working conditions. To propose measures to prevent occupational accidents and other work related hazards. To call upon the employer to take all appropriate measures in the event of imminent or serious hazard, without excluding the stoppage of machinery, installation or production process. The committee or its representative may call upon an expert for health and safety at work, with the consent of the employer. The work council also has the right to propose measures for the improvement of working conditions. Health and safety committees hold meetings with the employer within the first ten days of each three month period in order to resolve issues which have arisen in the enterprise related to health and safety at work. Minutes of meetings are written in duplicate and one copy is given to the committee. The work council may meet with the employer more frequently, once every two months. These joint meetings of both the health and safety committees and the work councils with the employer are considered as being an important form of negotiation. The work council also has the right to common decisions with the employer on the undertaking's policy of health and safety at work. In building sites and in ship-building and ship-repairing activities where, due to the small number of employees neither committees nor councils may be elected and also because of their inherent high occupational risk, joint inspection committees for health and safety have been instituted by Ministerial decision. These joint committees consist of two union representatives, the labour inspector and a representative of the Technical Chamber of Greece. In the joint inspection committees for ship-repairing and building activities there is an additional member representing the port police authorities. 24 4.1.2 MANAGEMENT VIEWS With regard to a typical management view of environmental protection issues, the Aspropyrgos Refineries (ELDA) were asked to give an extended and detailed briefing on the way the environmental dimension is treated in its policy. This enterprise had made significant efforts in the direction of reducing the environmental effects of its operation. During recent years significant modernization investment had been made, a large percentage of which referred to the adoption of anti-pollution technology. It should be noted that 25% of the total investment for new installations was spent on environmental protection measures. A special research and development department operated within the enterprise, dealing mainly with environmental quality control and energy conservation. The monitoring of environmental quality, was achieved by means of an air pollution measurement station, a waste water treatment plant and proper toxic waste disposal. Energy conservation concerned techno-economic issues regarding the optimization of the operation of the plant so that energy losses were minimized. The appropriate operational research was carried out in this direction. The Environmental Department of the enterprise in cooperation with the Public Relations Department took care of information bulletins which mentioned the actions of the enterprise for environmental protection. Apart from ELDA other enterprises exhibited environmental sensitivity expressed in various ways. These ranged from "ecologie" advertisements, product advertisements made through or in parallel with environmental issues, to the publishing of bulletins or even books about environmental enterprise activities. These examples apart, there was still a long way for enterprises to go in order to realize and contribute to environmental protection more effectively. The initiatives of some Greek enterprises whilst encouraging could not be considered adequate. 4.2. TRADE UNION VIEWS In order to obtain a clear view on the issue, the president of the Greek General Confederation of Labour (GSEE) and the president of the Athens Labour Centre (EKA) were interviewed (using a structured question schedule) since they represent the workers, the first at a Panhellenic level and the second for the Athens major area. 25 Mr Lamros Kanellopoulos the President of the General Confederation of Greek Labour said that, "The environmental problems in Greece were very serious and had continuously worsened." The General Confederation of Greek Labour (GSEE) believed that this deteriation was very important both from the point of view of the workers' quality of life as well as for the preservation of the environment itself. He stressed that both large industries as well as small and medium size enterprises appeared unwilling to invest in the technological modernisation which was related to a large extent to antipollution measures. In Mr Kanellopoulos's view Governments in Greece were responsible to a large degree for failing to pursue the appropriate measures for the necessary modernisation of the country's production infrastructure in accordance with environmental protection principles. Even the legislative framework for the establishment, extension and operation of industrial activities (costbenefit studies, studies on environmental impact assessment, etc.) had been neglected for fear of inhibiting industrial investment. The tendency to look for easy and immediate profits had been accepted for too long at the expense not only of the environment but also of the future of the industrial infrastructure of the country. Mr Pan Ploumis the President of the Athens Labour Centre pointed out that the Athens Labour Centre made efforts to deal with environmental issues on a permanent basis. For this reason, a special department had been formed, staffed with an environmental engineer. A member of the Executive Committee was also assigned to observe these efforts. Mr Ploumis felt that a lot of effort still had to be made to convince trade unions that environmental issues were a section of work that directly concerned them and that they should actively intervene. He agreed that this would not change trade union characteristics, or divert them from the purpose they had been established to achieve. On the contrary, their targets would widen and develop, as would their contact with parts of society sensitive to these problems. In so doing unions would be seen as organizations capable of facing modern problems, dealing with them and protecting workers from the consequences of environmental crises. The Athens Labour Centre focused its attention and developed activities in the following areas: The study and application of positions and proposals made on different issues such as : industry and its 26 contribution to environmental pollution, car usage and air pollution in Athens. These studies were made with the support of specialized scientists, other agencies (mainly scientific), and presented and discussed in meetings, seminars, conferences, etc. Organising meetings and submitting proposals to the Ministers responsible for environmental protection. Such meetings were used to pressure for certain environment upgrading measures to be taken and applied. The Centre often issued reports to newspapers, TV and radio on specific problems caused in the Athens area. The Athens Labour Centre also made great efforts to advance knowledge and sensitivity on environmental issues. Many seminars had been organized and more than one hundred trade union members had participated. The Centre at the same time had developed relationships with individuals and social groups that act in this field. Close co-operation with the Technical Chamber of Greece (TEE) scientific associations, such as the Panhellenic Association of Chemical Engineers, Mechanical-Electrical Engineers, the local authorities and peripheral municipalities, had been established and links formed with ecologie teams interested in the protection and development of grassland and, the upgrading of urban spaces and country areas. Mr Ploumis held it to be a fact that contradictions, in fighting air pollution and protecting the environment on one side and maintaining a factory so that workers maintain their jobs on the other, had only been evident on a few occasions. The Athens Labour Centre aimed to solve these problems on the basis of the disposition of the necessary resources for the modernization and improvement of of enterprises, at the same time taking certain measures for the protection of the environment (use of filters etc.) The Centre agreed that the necessary finances should be given to employers so that they could transfer their enterprises to specially developed areas away from residential ones, as in the case of tanneries and other major polluting industries. 27 5. CURRENT ENVIRONMENTAL CONFLICTS AND THE ATTITUDE OF THE INDUSTRIAL ACTORS TOWARDS THEM Quite often, the sharpening of environmental problems has lead to strong protests and disputes between small and medium enterprises (SME's) and residents of nearby areas. This happened when: The SME's operated under conditions that did not comply with the regulations for environmental protection. These conditions lead to degradation, pollution and even destruction of the environment with direct impact on the residents' health and life. As a large proportion of production activities coexist with residential areas, (resulting from the lack of proper planning in the past), friction was frequently caused. An important contributing factor was the lack of trust towards state control and efficient enforcement of the laws in combination with the almost nonexistent role of Local Authorities in inspection procedures. These facts limit alternative solutions for some industrial units to be modernized in situ especially because this in most cases means extensions, although for some units it may mean a relocation to an other area. Whereas economic crises tend to put residents of industrial regions in a dilemma: the fear of possible job loss conflicts with the process of enforcement of environmental protection rules. The worsening of environmental conditions, in combination with inadequate social infrastructure, has, from time to time, finally lead them to overcoming the above mentioned fears and to fight for their right to live in a clean environment. There are areas in Attiki, that have literally been suffocating due to the concentration of industries in a limited space and to the absence of infrastructure necessary for environmental protection. Reference in this respect is made to Drapetsona, Keratsini, Aspropyrgos, and Elefsina. In these areas residents were particularly sensitive and active for the enforcement of the law. These reactions of the residents have been expressed in a more organized way with the help from the local authorities. A recent example of this was the opposition of the residents of Elefsina to the extension of the existing refinery plant. When the "Panelefsinian Front" (municipalities and agencies of the town) conducted a ballot, the extension was condemned. Such campaigns have taken place in other areas too, in Attiki and throughout the country campaigns have been 28 organised to prevent actions that are considered harmful for the environment. It must be noted though, that there have been cases when exaggeration, suspicion and prejudice to any investment occurred. This situation can be avoided through the active participation of the enterprises' management, informing people of the measures they take for environmental protection. 29 6. SUMMARY AND RECOMMENDATIONS Industrial development and the environment The answer to the question, whether environmental issues have been introduced into the system of industrial relations in Greece, is negative. A number of causal factors have contributed to the non existence of such issues within the present industrial relations system. These causes are of decisive importance and are related to the political, economic and developmental choices adopted in Greece during the last decade. These choices have not contributed at all to the introduction of demands for the protection of the environment within the bargaining framework of the workers. The lack of policy for industrial development in accordance with the objectives of protection has a negative effect on the attitude of employers and workers towards the introduction of environmental issues in industrial relations. In general, it can be said that the relationship between industrial development and environmental protection in the country, is directly related to: technology level the spatial distribution of industrial activities the environment protection attitude of the production partners. a) Technology level It is obvious that technological progress can greatly contribute to a drastic decrease of pollution caused by production processes. The adoption of "clean" production processes during which the products are made at the lowest possible environmental cost is one pathway to the lowest possible pollution. Energy and material saving, will also contribute to the reduction of negative effects and the elimination of prejudice as well. It should be noted that in "modern" technologically advanced factories pollution protection devices are incorporated in the initial design of the production process. Taking this as given, industrial modernization, which is a kind of industrial development in developing countries, can co-exist with environmental protection. Greece is in that development stage during which the modernization of 30 production processes is of utmost importance. If this is accomplished in line with environmental protection principles, then the question about the compatibility of industrial development and environmental protection will be answered positively both in theory and in practice. b) The spatial distribution of production activities The spatial distribution of production activities throughout the country involving the location of residential areas on one side and the appropriate infrastructure facilities for their operation (roads, port, transportation nodes, etc.) on the other, plus the observance of environmental rules during the choice of location of industrial units as well as their effective inspection (which is the state's obligation), are basic factors for proper industrial development. Such a balance would also lead to the minimisation of prejudice which has, reasonably in many cases, characterised the general public's attitude. Peculiarities have led (and still lead) to environmentally degraded conditions that encourage an apriori negative attitude to any investment initiative that may appear in Greece. This attitude may be attributed to the state's incapacity or unwillingness to control effectively production activities for fear of it constraining the arrival of new investments. This tactic, though, has led to a delay in the modernization of production means with consequences on industry, small and medium sized enterprises, production in general and to uncontrollable environmental degradation, especially in areas with high densities of production activities. Such a case is that of the Attiki basin where 47% of the country's industry has been concentrated without the observance of town planning and environmental criteria. In many cases, the in situ modernization of many of the industrial units that are spread throughout the residential area is impossible. The fact that production activities are dispersed throughout the residential web by itself creates pollution. Even those units that do not pollute, cause serious disturbances such as traffic burdens. The development of Industrial Areas and Industrial Parks has been realized partly as a policy of decongestion leading to the creation of conditions for the proper functioning of industrial activities and environmental protection. Industrial Areas today exist in 19 prefectures while another 10 have been planned. The possibility of Industrial Areas being established in all the country's prefectures has been raised. The basic concept of Industrial Areas, whose implementation has been undertaken by the Greek Bank for Industrial Development (ETVA), is that they constitute the National Framework of Industrial Development Centres, a network developing near urban centres of the country. 31 c) Environmental culture The development of an environmental conscience in all production actors is an essential factor towards the enhancement of environmental protection conditions. This conscience is acquired through education at school, mass media, scientific agencies, syndicates and political centres of the country. 32 ANNEX THE LEGISLATIVE FRAMEWORK CONCERNING THE ENVIRONMENT IN GREECE With reference to Greek legislation on the environment the following paragraphs, are crucial in providing an integrated picture of the institutional framework. Greek legislation for the environment began in 1912 currently it includes more than 800 Legislative Acts, i.e. Laws, Presidential Decrees, Royal Decrees, Sanitary Orders, Ministerial Orders,. Acts of the Cabinet, etc., related, directly or indirectly, to the protection and management of sectors of the environment and to activities, or policies that affect it. The legislative and administrative framework for the environment is made up of laws that are divided in the following groups : a) Constitutional Orders b) General Institutional Laws for the environment c) Agencies' Responsibilities d) Physical Environment - Nature protection e) Town Planning f) Pollution g) Energy h) Chemical substances i) Industry j) Associative procedures - Local authorities k) International Conventions 1) EEC Legislation m) Approved 5 year Programme for Economic Development CONSTITUTIONAL PROVISIONS Article 24 of the Greek Constitution of 1975 provides that the state is obliged to protect the physical and political environment and must impose special preventive and repressive measures in order to fulfill these obligations. 33 Town planning and protection of traditional regions and elements fall within the meaning of the term physical environment whereas, the political environment includes all human creations, i.e. monuments, works of art, traditional regions and ancient ruins. All necessary measures taken in order to prevent the disturbance of the environment and protect it from any hazards are included in the term protection of the environment. As a result, all human actions that could make changes to nature, thereby jeopardizing the survival of human kind, are also included in the protection of the environment. GENERAL INSTITUTIONAL LAWS FOR THE ENVIRONMENT There are three important laws which create the Institutional framework for the protection of the environment. The "Town Planning and Environment" law passed in 1976, set up the National Council for Town Planning and Environment (NCTPE), which comprises the Prime Minister and ten Ministers (Coordination, Economics, Agriculture, Civilization and Sciences, Town Planning - Habitation and Environment, Industry and Energy, Internal Affairs, Social Services, and Commercial Marine). Other Ministers and Deputy Ministers in charge may be called to participate in the NCTPE as well as representatives of local authorities, public organizations and enterprises. The NCTPE's responsibility is to make decisions about town planning topics, supervise the application of appropriate programs and coordinate the work of the implementing agencies. In 1980 an important law was passed establishing a Ministry for Physical Planning, Housing and Environment with the authority to make special town planning studies and programs (except for national town planning), control the application by supplemental agencies of a special programme for environmental protection, determine habitation policy and prepare and apply programmes and land registration. Additional responsibilities were given in 1982 to the Ministry concerning the co-ordination of the Environment Directorate from the Ministry of Coordination, and increasing its role in town planning and environmental protection. More recently, in 1986, a law for environmental protection was passed. The scope of this law is to establish fundamental rules, criteria and mechanisms for environmental protection, so 41 INDUSTRIAL RELATIONS AND THE ENVIRONMENT ITALY by Dr. Alessandro Notargiovanni 43 TABLE OF CONTENTS Page 1. INTRODUCTION - The Development of Environmental Issues and Industrial Relations 44 2 . THE LEGAL FRAMEWORK 47 2.1 Introduction 2.2 Environmental legislation 2.2.1 Areas with a high risk of environmental crisis 48 2.2.2 Draft agreement between the Environment Ministry and the trade union federations.. 49 2.2.3 Future environmental legislation 50 2.3 Legislation on the working environment 3. VOLUNTARY AGREEMENTS BETWEEN THE INDUSTRIAL ACTORS 53 3.1 Introduction 3.2 Agreements at National level 3 . 3 Agreements at Sectoral level 54 3 . 4 Agreements at Company Level 57 3 . 5 Agreements at Local Level 58 4 . POLICY STATEMENTS, DEMANDS AND CAMPAIGNS 60 4.1 Introduction 4.2 Management and Employer Strategies 4 . 3 Trade union strategies 62 4 . 4 Green Movement Involvement in Campaigns 64 5. CURRENT ENVIRONMENTAL CONFLICTS AND THE INDUSTRIAL ACTORS 65 6 . SUMMARY AND RECOMMENDATIONS 67 BIBLIOGRAPHY 71 44 1. INTRODUCTION The Development of Environmental Issues and Industrial Relations Environmental issues first made their appearance on the industrial relations scene in the mid 1960's as a result of workers struggles over health and safety in the Farmitalia pharmaceuticals plant at Settimo Torinese and the Solvay chemical plant at Rosignano. Three significant periods can be identified in analysing the features and results of trade union health and safety initiatives, the first from 1965 to 1975, the second from 1976 to 1985, and the third from 1986 to 1990. The characteristics of the different periods are directly linked to the economic cycle and to the nature of industrial relations. First period (1965-75) The first period saw the issue of health and safety in factories at the centre of claims and bargaining and policy initiatives taken by trade unions and workers at all levels, from works councils to national trade union organisations. During those years there was an explosion in company level bargaining, the works council emerged and the elimination of monetary compensation for dirty and dangerous work became a workers' objective. Health and safety was the subject of discussion and analysis and, in more praticai terms, of negotiating practice. Productive relations were established with the scientific community and universities resulting in increased interest in health issues. The collective agreement covering workers in companies partowned by the government which was signed in 1967 set up "committees for accident prevention and safety". This together with the development of companylevel bargaining gave rise to a series of discussions and agreements with the aim of improving working conditions, workers' health and safety and the elimination of compensation for dirty and dangerous work in short, the reduction and control of working environment hazards. The last significant result of workers' initiatives, during this first period, was the agreement reached in 1974 by the trade unions and the petrochemical companies on the control of the production cycle of vinyl chloride monomer (VCM) which began at the Ravenna chemical plant. The trade unions had undertaken research into the health of workers exposed to VCM hazards, the results of which proved that this product was carcinogenic. It was therefore agreed with the producer companies that all Italian factories should change over to a closed cycle system of production. 45 Second period (1976-85) This period saw a decline in interest in work environment questions, a decline which had both objective and subjective causes. The first cause was the economic crisis which affected the Italian production system, placing the question of jobs and employment at the forefront. The second cause was restructuring involving new process and product technologies and resulting in flexibility of plants, lack of maintenance and heavy use of plants on a continuous cycle basis. The works councils and trade unions were not adequately involved in this. The decline in attention and negotiating practice devoted to "working environment hazards" became dramatically prominent. The change in the economic cycle, and the threat of job losses put the trade unions on the defensive. During the period of extreme restructuring a change in the industrial relations system, moving from company level negotiations to a centralised bargaining system, occured. In this system, a centralised structure of collective bargaining was established with a parallel co-ordinating structure for the various bargaining levels. Centralised bargaining took on the dual role of controlling the agreement structure and linking the social partners and the Statel. Macro-economic bargaining became an established feature of industrial relations. Whatever evaluation is make, it became the main industrial relations tool to control growing inflation and stabilise conflict situations. Third period (1986-90) In the 1980's centralisation was replaced once again by decentralisation in many aspects of social and economic life, and not only in collective bargaining. The drive towards decentralised bargaining, encouraged by technological change, came mostly from the employers who for the first time took the initiative in industrial relations. Decentralisation went hand in hand with a tendency towards a fragmentation of collective bargaining, a reopening of pay differentials and a differentiation of industrial relations models. More recently, "deregulation" has become a dominant theme, used controversially against the rigidities of a regulatory approach, not only in industrial relations, but also in social life. All these phenomena are aimed at greater flexibility in industrial relations. A growing need for flexibility is expressed by companies under pressure from the changed market conditions of their product including growing variability and unpredictability of demand, high interest rates and intense international competition. Flexibility in all its aspects is greatly favoured by new technology and consequent innovations in organisation and production. Many of these trends appear 46 to some people to reduce the opportunity for "consensus seeking" as an instrument for regulating and stabilising industrial relations. Others feel that these same trends increase the opportunity for stable industrial relations. Returning to the environment, this third period is characterised by a shift and expansion from "working environment hazards" to "environmental hazards". At the end of the 1970's the decline of trade union interest in environmental and health problems met with new and tumultuous feelings within Italian society. Industrial relations, and especially the initiatives taken by the trade unions had come to a halt at the factory .boundary, unable to identify negotiating instruments suitable to control the impact on the surrounding area and on the natural resources. But society had moved on. Bhopal, Chernobyl and the referendum on nuclear power all provoked an explosion of ecological and environmental organisations and movements, finally reaching the trade unions and the employers' organisations. At first, the connection between environmental conditions inside and outside the factory was not clear, and it was too early to identify positive research and innovations stimulated by environmental concerns. But the collective agreements of 1986 clearly opened up the issue of "environmental hazards" and produced controls covering the relationship between the factory and its surrounding area, the use of resources and external pollution. With these agreements the social partners again faced the much more complex and difficult concept of "the environment". Today none of the social partners can deny the importance of environmental issues. This is not only because there is pressure from the mass media and green movement, but also because any management failing to include an environmental component in its policies is disregarding the relationship between the company and its image and between the product and its market. Environmental balance has also become an objective for both management and trade unions. The crux of the matter is that the environment cannot be an additional objective but must be incorporated into all employer and trade union policies. There has been speculation, particularly within the unions, that "green industries", such as that manufacturing pollution control equipment, will mean an increase in job opportunities. But, it is likely that rather than produce additional employment it will be used to employ workers rendered "mobile" because of the suspension or the closure of polluting industries. 47 2. THE LEGAL FRAMEWORK 2.1 Introduction The Italian legal system does not directly address the issue of industrial relations through regulations governing the environment and health and safety. There are unwritten practices and contractual agreements between the parties, including the state administration, which give new scope to the system of industrial relations including the environmental sector. A brief overview of certain laws concerning the environment and health and safety follows in this section. 2.2 Environmental legislation In 1986 the first piece of environmental legislation containing legal rights was introduced, and this year can therefore be considered as the year which introduced the "right to the environment". Prior to 1986 environmental protection legislation did exist, but law no.349 setting up the Environment Ministry gave formal recognition to this right to all citizens, in particular the right to information on the state of the environment and any changes in it. Although the Environment Ministry came into being in 1986, it was from 1988 on that a real body of laws on environmental protection began to be enacted. The most important EC Directives on the environment number one hundred and twenty nine, eighty nine of which have been incorporated into national law and seventy seven of which are fully in force. However, environmental legislation in Italy is uasically in line with EC legislation, from Directive 501 on "major hazards" known as the Seveso Directive, to those establishing threshold limit values for sulphur dioxide, lead and so on to that requiring an environmental impact assessment in the case of major developments. To return to the main topic of analysis, industrial relations, it should be pointed out that only two of the laws mentioned identify or indicate "procedures for the practice of industrial relations" and set out the role of the main actors, employers and trade unions. Article 12 of Presidential Decree no.175 (the Seveso Directive) states that information given to workers and to the trade union movement is of value in determining the "hazard index for major hazards". Article 7 of law no. 349 regulates "areas with a high risk of environmental crises" and provides for the establishment of state and regions committees whose members also include, as an experiment, employers' and trade union organisations. These are examined in more detail in the following sections. 48 2.2.1 Areas with a high risk of environmental crisis The legal entity of "a high risk area" came into being with the law establishing the Environment Ministry. Article 7 of that law states that those areas "characterised by serious alterations of their ecological balance as regards water, air or land, are to be declared -by the Council of Ministers (the Italian Cabinet) on a proposal by the Environment Ministry, in agreement with the regions concerned - to be areas with a high risk of environmental crisis". In this declaration, the objectives of reclamation are identified. The pollution recovery and reclamation plan details the action necessary action to restore environmental balance. If the region or regions involved fail to implement the plan, the Environment Ministry is to intervene and must take direct action. The features of this environmental policy instrument are: (i) a shift to central government, under the Environment Ministry in consultation with the regions, of the power to take action in these "crisis areas". In Italy, environment policies are normally under the control of regions or communes, which often fail to exercise their regulatory functions. In this case, the Environment Ministry is responsible for coordination and planning action programmes, but also, when necessary, can completely take over as the responsible authority; (ii) the establishment of the state and regions committees, an important coordinating body which can include, apart from Environment Ministry representatives who presides over it, the minister of health, industry, agriculture or marine depending on the topic being discussed; the regions, provinces and communes (the local administrations) involved in the "risk area"; experts from the state technical services or other technical and scientific institutes; representatives of companies present in the area; trade union representatives and works councils involved and representatives of environmental organisations at local and national level. Indeed all the actors involved in the environmental dispute. This new committee for handling environmental disputes has led to some significant results in two of the most difficult cases in Italy, the Valle Bormida involving the Acna chemical company in Cengio; and the chemical company Enichem plant at Manfredonia. Environmental disputes often arise outside the factories and involve various social actors. These disputes need to be resolved in a neutral way, almost by arbitration, in order to take account of all the different views and the state and regions committee is a suitable body for this. It encourages agreement on reclamation plans, but also leaves the parties 49 free to engage in unilateral actions of commitment, letters of intent, agreement protocols or even to reach simple verbal agreements. The philosophy is to aim for a result even if this involves freely entered into unilateral agreements. It is no longer always an exercise imposed from above but rather a joint search for a compromise which can be accepted and achieved in agreed time limits. 2.2.2 Draft agreement between the Environment Ministry and the trade union federations, CGIL, CISL and UIL. Environmental policy has reached an important turning point where either a basis is laid for a move away from emergency mesures to real planning, or environmental policy in Italy will become deadlocked and totally out of line with the new European Context of 1993. The Environment Ministry and trade union organisations agreed on the need to identify operational instruments, resources, decision-making processes and administrative channels suitable for an environmental protection policy, beginning with a 1992 Financial Act. In order to promote such a policy the parties agreed that: the trade union organisations will meet with the environment minister to discuss the drafting of a new three year environmental programme from 1992 to 1994 giving special consideration to all aspects involving environmental reconversion policies, the impact on employment and innovative processes; within the framework of the new Committee of the State Departments (CIPE) decision implementing the three year programme, provision will be made for allowing trade union organisations to submit projects relating to research, monitoring, training, education and new jobs; the environment minister recognises the need expressed by the trade union organisations to fully participate in the state and regions committees of high environmental risk areas. The minster will promote an experiment which, based on area by area monitoring, will gradually ensure the presence of the trade union movement on such bodies. Initially priority will be given to those areas where the environmental crisis is moslinked to industrial activities. Furthermore, in view of the publication of a map of areas with the highest concentration of industries posing a risk of major industrial accident by the Ministry (pursuant to Presidential Decree 175/88) , it was agreed that the trade union organisations CGIL, CISL and UIL would join the committees which are to operate in such areas. Agreement has been reached on a number of areas concerning environmental programme agreements which the minister has signed or is about to sign with major public and private groups. These include consultation with the minister with regard to the trade unions' programme agreements, highlighting of all aspects of the programme which may involve negotiations 56 subject matter of a "prevention dispute" between the works council and management. And in companies with more than 300 employees, an environment programme must be presented at a special meeting. This must contain management goals with regard to environmental improvements made to products, technologies and infrastructures and how these improvements will influence the environment and health and safety conditions both inside and outside the plant. Article 42 paragraph 5 provides for the examination by management and the works council of recovery and or restructuring programmes for environmental and safety reasons involving major changes to plant, or the total or partial cessation of the plant with job losses. During the examination of the recovery programme, which could last 2 0 days at the most from notification from the company, unions and employers should not unilaterally take any step resulting in dispute. Article 43 of the agreement governs "prevention, hygiene and safety at work" and includes new procedures and puts a greater emphasis on environmental industrial relations especially as regards information and the safety training of workers (safety index card for hazardous substances used, index card for plant characteristics) . The most innovative part of the agreement is the chapter governing "Industrial Relations" and the provision for the establishment of a national observatory. The agreement says, "The association of chemical employers (Federchimici-Asap) and the chemical workers union FULC, aware of the important role played by industrial relations in contributing to the solution of economic and social problems and guiding the action of its representatives, in the light of past experiences, call for the constitution of a "national observatory" in order to provide their own contributions and proposals for the formulation of trends in the safety and environment field". The observatory will be made up of representatives from trade unions and employers and will have the following responsibilities, a) comparing each other's attitudes in relation to the development of national and EC standards on environmental issues, and selecting possible proposals to be submitted to the competent authorities; b) carrying out joint evaluation of initiatives in environmental and safety areas ; c) monitoring the development of environmental and safety conditions in the sector, taking account of fundamental 57 problems connected with product technology, plant relocation or recovery programmes; d) identifying common proposals to facilitate the management of legal obligations and methods of interaction with enforcment agencies; e) identifying content and structure to promote environmental and safety training, with particular reference to company appointed technicians and members of the committe for health protection in the working environment; f) dealing with topics concerning atmospheric emissions, liquid and solid wastes on the basis of available knowledge and g) examining problems relating to carcinogenic or mutagenic substances. 3.4 Agreements at Company Level Two typical agreements signed are the agreements reached between the domestic appliance manufacturing company Zanussi (owned by the Swedish multinational, Electrolux) and the Federazione dei lavoratori metalmeccanici, FLM (Federation of metal and mechanical workers) covering 15 000 workers; and between Enichem, an Italian chemical company owned by Ente Nazionale Idrocarburi (hence "a state holding" but well known also abroad) and the FULC covering around 40 000 workers. The Zanussi agreement follows the co-decision making industrial relations model. The agreement provides for the setting up of joint committees with decision-making power on a number of issues, such as environment, vocational training, technological innnovations, company canteens and so on. "A dispute between the parties", said Luciano Scalia, the national secretary of chemical union FIM-CISL, "will always be prevented, because a decision has to be reached within the committees after a thorough discussion". The Enichem-FULC agreement is based on the theory that the environment may become a theme around which to experiment shared models of responsability involving the industrial relations actors, employers and workers. In order to encourage openess and increase the flow of information, the parties agreed to set up a joint committee able to examine environmental situations. In carrying out its duties, the committee will review and deal with problems posed by the existing technical production organisation in factories, seeking to identify solutions necessary to improve environmental compatibility. This joint examination should allow a moving away from an environmental policy based on 58 "end-of-pipe" interventions, such as waste treatment and dust arrestment, to an innovative policy focused on "clean technology". The agreement also provides for access to information and environmental training aimed at enhancing workers' technical and specialist knowledge regarding the environment and safety in order to increase awareness about environmental issues. The chapter on training concludes that it is essential to further strengthen the level of participation and involvement of those concerned in the production process. Specific commitments in the agreement concern the replacement of highly polluting mercury cells in the production of "clorosoda" with "membrane cells" which are more environmentally compatible; and the reduction of carbon dioxide and sulphur dioxide emissions; completion of the waste water purification system; reduction in water consumption through new cooling plants; monitoring the waste disposal system and carrying out environmentally orientated research and development. 3.5 Agreements at Local Level The industrial actors have been involved in agreements concerning the local environment involving area planning, the rational management of waters within a hydrographie basin, the transport system, the management of discharges and waste disposal, the reclamation and rehabilitation of former industrial sites and area, the decentralisation of activities, the use of reclaimed and rehabilitated areas, the quality of air or water within a district or city and areas set aside for public green spaces and parks. The agreement concerning the resiting and relocation of several petrochemical plants in the Genoa region ( involving oil and chemical companies I.P., SAAR, ESSO, PIR Carmagnani and Superba) was signed not only by the unions in the area, the employer associations and chemical companies, but also by the Genoa City Council and the Genoa Port Authority. The agreement concerning the improvement of air and water quality in the Val Chiavenna valley in Lombardy included the improvement of atmospheric emissions from several plants owned by the metallurgical company Falck, changes in the methods of disposal of industrial wastes and effluent, monitoring systems, epidemiological studies of the population in the Val Chiavenna in relation to the effects of chromium emissions, and presentation of a general plan for the environmental reclamation of the Val Chiavenna district. It was signed not only by Falck, the works council and trade union organisations, but also by representatives of the mountain communities, the mayors of the various villages in the valley, 59 environment movement representatives and the Environment Ministry. The "Utopia" project provides for the relocation of most steel works in Italy from Genoa and Naples to more appropriate areas for environmental reasons. This project, presented to the parties by the minister for economic planning, was examined and discussed until a preliminary agreement was reached which led to a " programme agreement" (enclosed) . This was signed by the Italian government (minister for the environment and economic planning of urban areas), the presidents of the regions concerned, Liguria, Tuscany and Campania, the mayors of the municipalities concerned, CGIL-CISL-UIL trade unions, IRI, the most powerful public economic institute and ILVA, the iron and steel firm concerned. The programme agreement has become one of the instruments for joint decision making on environmental programmes. Other developments are still undergoing discussion, in particular reclamation of the Po river and the Adriatic sea, which has been affected by algal growth as a result of excess nutrients (eutrophication) , defence from high tides and reclamaion of the Venice lagoon and improvement of air quality in Milan. At this local level of negotiation new actors are involved who although are only informally provided for within the industrial relations system, play a full role of decisive importance in dealing with environmental questions which concern them. These new actors include environmental organisations, communities, local bodies, and industrial unions. 60 4. POLICY STATEMENTS, DEMANDS AND CAMPAIGNS 4.1 Introduction Today no citizen, whatever their social class or educational background, would feel able to deny that environmental problems exist. But not all agree on the action that must be taken in order to make development compatible and sustainable. Some blame technological development and hope for a return to pre-industrial society. Others believe that it is too late to do anything and wait for the catastrophe. A third group believes that the solution to environmental problems cannot be attained by rejecting science and technology, but rather through a different kind of development. Workers and employers, as principal actors in the industrial relations scene, have for some, years seen society gradually recognising the central importance of environmental questions, but their attitude was one of "wait and see", considering the issues as marginal to the industrial relations system. In Italy this waiting time was longer than in the other Community countries. The disaster at the Icmesa chemical plant in Seveso, the explosions in chemical plants at Manfredonia and Priolo, the accident in the chemical Farmoplant at Massa Carrara and the eutrophication of the Adriatic, were not enough. In short the real pressure has come from outside, from the green movement, the press and politically progressive scientists and magistrates. Only recently has remedial action been taken with new rules being developed within the industrial relations system allowing dialogue not only on questions concerning workers' health but also environment protection. 4.2 Management and Employer Strategies Following a period of uncertainty, it is now several years since the Association of Italian Employers made a significant commitment to environmental topics, promoting a whole series of activities ranging from the establishment of an industrialenvironmental association and an environment institute, to the publication of a review called "Impresa-Ambiente", to arranging a series of seminars and meetings on environmental questions. The president of Confindustria, Sergio Pininfarina, stating the ecological commitment of Italian firms declared, "the protection of the environment is not only compatible with economic development, but'the ecological problem, if correctly tackled, can indeed be a powerful factor for development and improvement of society. Industry has the necessary 61 technological know-how to adopt suitable solutions for removing pollution from land, air and water." 2 Confindustria calls on the state and public authorities for discussion. It maintains that the main objective must be to provide incentives for less polluting production processes without distorting competition or hindering fiscal harmonisation. It claims the right to participate in the preparation of environmental policy in Italy,, given that companies are active protagonists in the environmental policies of the country, due to the obligations and responsibilities which fall on them. Confindustria has prepared six themes on environmental commitment. These are compatibility between development and environment; compatibility between technology and nature (confidence in human abilities); consistency of decision taking in uncertain situations; the link between the level of environmental protection and costs (individual and collective); the environment as a global problem (international cooperation), and the circular nature of the problem (relationship between the internal and external environment of the workplace). As regards individual companies, some of them are more aware of environment issues than others. But there is no doubt that "anyone who has not yet understood the central importance of this theme will sooner or later be forced to do so, because it is going to be increasingly difficult to run a business without providing a managerial and strategic structure able to tackle environmental issues" (Carlo M. Guerci, Professor of Political Economy - Genoa Impresa - Ambiente, no 1, 1990) . This is true for two reasons. The first is that environmental legislation will inevitably increase and the second is that the employer will also have to cope with both the company and the consumer market which will increasingly reward companies which produce goods compatible with a more protected environment and whose production process is ecologically clean. The spread of a proper environmental culture will have a growing impact on companies in terms of collective consumer demand. The products which receive most attention from an ecological point of view will be those most highly rewarded by consumers in the marketplace. This means that even those companies which today play a passive role in relation to the environment will have to face the problem and to play "a selfregulating role" in promoting environmental issues. Some large companies in Italy, have already done this. For example, chemical company Ferruzzi-Montedison has launched a new biodegradable plastic material made of natural ingredients and ENI produces "green" petrol with a low lead content. These two companies have set up environmental departments and work to create an "environmental culture" through training courses. These are very large companies whose operations have 62 a high risk of environmental hazard and which offer opportunities for trying new ideas in industrial relations and the environment. The trade union organisations and works councils are trying out joint decision processes with them. These have not yet reached the "right to participation" stage, but the "resistances" to developing a more courageous role of industrial relations are beginning to give way to a new attitude of "willingness" in these companies. 4.3 Trade union strategies For the three big trade union organisations in Italy, CGIL, CISL and UIL, the biennium 1989-1990 was dedicated to the environment. National meetings, programmes and public initiatives were undertaken to express the commitment on environmental questions from health protection in the factory to the wider protection of the environment, from working hazards to environmental hazards. At the end of the 1980's the referendum on nuclear energy saw a large part of the workers' movement take a position against this type of energy, but there was no move to a wider vision of environmental balance. Today the environment is part of the consciousness of many union leaders, and has been officially ratified in the statements by Franco Marini, the General Secretary of CISL during the May Day celebrations (1989, May, 1 - Venice), by Giorgio Benvenuto of the UIL, in "Verde UIL", and in the report presented by Bruno Trentin, General secretary of CGIL, at the programme conference held in Chianciano in 1989. According to Trentin, the "quantitative development of the economy, the growth in the production of goods and services, and the development of employment, are increasingly clashing with objective structural limitations, of which our collective culture is becoming gradually aware; they must deal with ever closer constraints. What are these limitations and these new constraints? First of all, the limitation represented by the possible destruction of the ecological balance in the world. Reconciling development with health, the biological progress of people, subjecting this progress to the constraint of a different relationship with nature, guaranteeing its survival and growth, means taking on ourselves, as trade unionists, the objective of managing development in such a way that environment, health, ecology and culture can be created as well as goods. It means rethinking our idea of development in terms of energy saving, in terms of product duration, in terms of product quality". This statement of principle is matched with a full-scale programme of work from the environment department of the CGIL (the CISL and UIL also have environmental programmes) . The 63 different aspects of this programme which range from the greenhouse effect and CFCs to a re-examination of the debts of developing countries (the relationship between North and South in the world) with a direct and immediate impact on industrial relations are listed below. A draft proposal for reconverting production facilities so as to make them environmentally consistent; handling the implementation of the "Seveso Directive" in the workplaces involving the compilation of safety cards, safety reports and procedures for workers' information and training; the application of procedures for evaluating the environmental impact of new investment (the environmental impact assesment); making contact with the government to encourage scientific research for environmental purposes, capable of producing major innovations in production plants; environmental controls, environmental registers, environmental budgets covering plants and industrial groups,· regional disputes (the Adriatic dispute, the Venice dispute); agreements and contracts at national and company level; application of EC environmental policies and harmonisation in a view of 1992 and the Single Market; use of economic instruments for environmental purposes; integrated management of resourses in major hydrographie basin and reform of the Environment Ministry. Trade union organisations have also developed relations with environmental organisations which often play fully active roles in negotiating environmental questions. Joint seminars and informal meetings have been organised with environmentalists, in order to debate areas such as proposals for legislation. There are also environmental organisations, including one called "Ambiente e Lavoro" (Environment and Labour), which are very close to the trade union organisations, in fact almost an offshoot of them. Its headquarters are in Milan, and as well as performing a significant service function for union branches and works councils, it promotes initiatives and meetings involving employers' associations, the Environment Ministry, specialists working on accidents prevention and the protection of health and the environment, and the trade union movement itself. Rather less impressive is the area of "emergency management". Accidents, contravention of standards and water and air pollution require the unions, employers, green movement and the public authorities at different levels to meet and agree positions very rapidly to deal with these emergencies. The lack of legislation and the threat of job losses means that workers and trade unionists at local level often adopt positions which are not fully consistent with their own union's programmes and environmental commitments. Italian unions are in the early stages of environmental policy and action and inconsistencies are to be expected as they try to 64 overcome the "emergency" point of view which results in a choice being made between employment and environmental protection. 4.4 Green Movement Involvement in Campaigns In Italy, the Green Party and environmental movement, as well as demanding more environment-friendly production processes, have advanced complete proposals for reconversion in the plastics and agricultural chemicals sectors. In some regions laws have been passed granting incentives to alternative production, for example biological agriculture. One line adopted by the environmentalists is participation in shareholder meetings through the "green shareholder movement", demanding major modifications in processes or products. This has been done in Montedison, Fiat and Sip, for example. Company managements and trade unions have been willing to undertake informal and formal arrangements with the environmentalists, researchers and the scientific world in order to implement, where possible, environmental reconversion. Environmental organisations are often involved in environment negotiations. Trade union organisations often act together with them in embarking upon new initiatives, such as the holding of joint seminars and formal and informal meetings to air opinions on, for example, new legislation. Recently trade union organisations and the most important environmental organisations, the Lega Ambiente (Environment League) and the Friends of the Earth, have drawn up an interesting "draft bill for reconverting productive activity for environmental purposes". This, officially presented to the press, all parties involved and parliamentary groupings, calls for the creation of a fund for financing reconversions, a technical body under public control to assess the state of environmental crisis and prepare a recovery plan and a "green" wages supplement fund for those workers temporarily unemployed while awaiting reemployment in environmental friendly production activities. But there are also cases, for example Acna and Enichem of Mafredonia, where relations between trade union organisations, employers and the green movement are not good, indeed almost violent at local level. Until recently collaboration, even where there is a total clash of views, has always been salvaged at national level with the assistance of associations of national interest, linked to the green movement. 65 5. CURRENT ENVIRONMENTAL CONFLICTS AND THE INDUSTRIAL ACTORS The attitude and behaviour of employers and trade unions facing important environmental conflicts is difficult to summarise. Attitudes are sometimes contradictory and require a deeper complex analysis. For example, both trade unions and employers' organisations agree that it is necessary and urgent to restrict economic growth and enter the culture of sustainable development. But is is almost impossible to set limits to some processes, such as cars and pesticide production, construction of buildings and new roads,or the use of plastics. In several public initiatives employers and workers have discussed industrial reconversion but this has not been taken seriously. Results have been achieved in the nuclear field and are continuing. Following a referendum that saw the trade unions sided against nuclear energy for civil and military use, the industry has been completely reconverted so that nuclear power stations new work with natural gas in Italy. In 1991 the debate concerning the usefulness of nuclear research was reopened. And with regard to the greenhouse effect and ozone depletion and the elimination of fluorocarbons and control of carbon dioxide and sulphur dioxide emissions, the Environment Ministry launched a programme which gained the consent of the chemical and energy industry and trade unions. But initiatives aimed at controlling and reducing the noxious emissions of cars exaust, or closing city centres to traffic have been hindered. A number of large companies such as ENI (Ente nazionale Idrocarburi - the national oil corporation) appear to be seriously committed to the study of North-South global relations and in particular the problem of protecting the Amazon region in view of the United Nations conference in Rio de Janeiro (1992) on environmental problems (1). While there have been some successes which suggest that differences and contradictions between statements of principle and real behaviour do not exist or are very limited, in reality there are some areas, for example water conservation and waste disposal, which constitute "areas of contradiction" especially with reference to the conduct of small businesses. The disposal of industrial waste in Italy is the most critical area where there are many cases of illegal practice. Relocation and recovery plans tend to be accepted by employers but the problem of who pays the costs has not been resolved. The shutting down of incompatible industrial plants gives rise to strong resistance both by trade unionists and employers. A striking example is that of the chemical company Farmoplant in Massa Carrara. Until the last moment both the trade unions and the company tried to save the plant from shut-down despite 72 Maglio S. Santoloci M. IL CODICE DELL 'AMBIENTE. Ed. La Tribuna, piacenza 1989. PER PENSARE ALL AMBIENTE. Arcadia, Milano 1988. Cannata G. I FIUMI DELLA TERRA E DEL TEMPO ANGELI, Milano 1987 Sorzoli G.B. LA FORMICA E LA CICALA. Editori Riunti, Roma 1982 Sorzoli G.B. IL PIANETA IN BILICO. Garzanti 1989 MINISTERO DELL AMBIENTE. Relazione sullo stato dell ambiente 1989 Roma G. Ruffolo. LA QUALITA SOCIALE. Laterza 1985 - Bari UIL, Anno Teutsch e altri. LE PORTE DEL SENTIRE. CONVERSAZIONE ECLÓGICA DEL SINDACTO. Supplemento a : UIL-SGK INFORM. Bolzano AA.W. CONFINDUSTRIA - Roma, 27 - 28 giugno 1990. AMBIENTE: NORMATIVE EUROPEE E PROBLEMI COMUNI LEGA AMBIENTE. Documento congressuala: il punto di svolta Novembre 89, 3 Congresso, Siena. AA.W. Convegno CEEP-AMBIENTE. Roma 1990 73 INDUSTRIAL RELATIONS AND THE ENVIRONMENT NETHERLANDS by Drs. C. G. Le Blansch 75 TABLE OF CONTENTS Page 1. INTRODUCTION 77 2 . THE LEGAL FRAMEWORK 78 2 .1 Introduction 2.2 Environmental legislation 2 .3 Company environmental protection systems 80 2 .4 Legislation on the working environment 83 2.5 Legal means for co-determination on environmental issues 84 2 . 6 Discussion 86 3. VOLUNTARY AGREEMENTS BETWEEN THE INDUSTRIAL ACTORS 88 3.1 Introduction 3.2 Agreements at national level 3.3 Collective agreements at branch and company level 90 3.4 Involvement and co-determination at company level 93 3 .5 Discussion 95 4. PROGRAMMATICAL STATEMENTS, DEMANDS AND CAMPAIGNS 97 4.1 Introduction 4.2 Management and Employers' organisations 4.3 Workers' organisations and representatives 99 4.4 Programmatical statements at company level 103 4.4.1 The advocates 4.4.2 Arguments from the workers' perspective 104 4.4.3 Arguments from the environmental perspective 106 4.4.4 Arguments from the functional perspective 107 4 . 5 Discussion 109 5. SUMMARY AND RECOMMENDATIONS 112 REFERENCES 115 77 1. INTRODUCTION This report gives an overview of the different ways in which industrial relations and the environment are interconnected in the Netherlands. In other words, this study deals with the measures promoted and/or taken within the realm of industrial relations aimed at protecting the environment, modifying the protection of the environment or modifying industrial relations in order to take account of the environment. In this context "industrial relations" are considered to be "the relations between the employers, the workers and their respective organisations and between these groups and the government, as far as these relations exercise a structuring influence on the position of the factor "labour" in industry and society" (Leisink, 1989, p. 5) . In order to provide the most comprehensive treatment of the subject possible, the report addresses itself to the following aspects: (i) Dutch legal conditions in which environment and industrial relations affect each other; (ii) voluntary agreements between employers' and workers' organisations, at national, branch and company level, to the extent that these are concerned with environmental issues and (iii) the policies, programmatical statements and demands from industrial actors. Each chapter ends with an assessment of the subject under discussion. The report concludes with a brief summary and some general recommendations. 78 2. THE LEGAL FRAMEWORK 2.1 Introduction Dutch legal conditions under which industrial relations affect or may affect environmental issues and vice versa can be subdivided into (i) environmental legislation, (ii) government-sponsored self-regulation at company level (with the use of financial incentives as well as the threat of legal sanctions) and (iii) legislation on working conditions. These three elements together form the framework for both employers', and workers' and their representatives' involvement in environmental issues. Until now environmental legislation has not extended to any significant degree into the realm of industrial relations. Traditionally workers' and. union rights have not been greatly concerned with environmental issues. But this may change with the government's increasing interest in the potential role of the social partners in this sphere. 2.2 Environmental legislation The Dutch government's environmental policy has acquired a much greater urgency in recent years, as the seriousness of environmental problems has become more visible and tangible. A former minister for the environment has divided the development of Dutch environmental policy into five phases (Winsemius, 1986, p. 34) . The first phase was the pre-industrialisation period (until 1900). At this time hygiene and food production were the main concerns and the only environmental legislation was a Nuisance Act (in the Netherlands this Act dates from 1875) . The second phase (from 1900 until 1960) consisted of a strong "concentration" of society, particularly in the Netherlands, the country with the highest population density in Europe, the most intensive exploitation of natural resources in agriculture and located downstream from some of Europe's most important and most polluted rivers. At this time policy was mostly concerned with public health and nature conservation. In the third phase (from the 1960s until the 1980s) there was an attempt to ensure economic growth while at the same time limiting its impact on nature and the environment. There was growing awareness of the finiteness of natural resources, expressed through publications like "Limits to Growth" by the Club of Rome and "Silent Spring" by Rachel Carson. At this time the concept of "public health" was broadened to "environmental hygiene" and physical planning became predominant. The environmental laws emerging in this phase (for an overview, see Tweede Kamer, 1988-89, 21137, 1-2, p. 40) try to deal with polluting activities from different angles, such as: 79 the environmental medium concerned (e.g. the Act on soil protection; the Act on fresh water contamination; the Act on sea water contamination); the type of pollution (e.g. the Act on noise pollution; the Act on waste disposal; the nuclear energy law; the Act on chemical waste disposal) or the source of contamination (e.g. the Nuisance Act, the mine law, the Act on the prevention of pollution by ships). Because of this a situation arose in which laws partially overlap and environmental legislation is sometimes confusing, being sometimes contradictory and enforced by several different authorities demanding widely differing action. This in turn required more coordination, which was provided by the enactment of a general Act on environmental hygiene (Wet Algemene Bepalingen Milieuhygiëne, 1980) . This Act is eventually intended to become an overall general environmental law, thereby fitting in with Winsemius' fourth phase. This fourth phase, which began around 1980, Winsemius calls the "integration" phase, in which "environment" is the key concept and a goal in itself and is still continuing today. The fifth phase, that of "survival", is posited for the future. At global level this phase is epitomised by the Brundtland Report, "Our Common Future". In the Netherlands a similar role is played by the central governmnent institute for public health and environmental hygiene (RIVM) report "Zorgen voor Morgen" (Caring for Tomorrow) and the government's subsequent key publication on environmental policy, the National Environmental Policy Plan (NEPP) (Tweede Kamer, 1988-89, 21137, 1-2), later updated by the so-called NEPP Plus (Tweede Kamer, 1989-89, 21137, 20-21) . The NEPP outlines the strategy for environmental policy in the medium term. The report states that the strategy has been developed against the background of the desire to solve or bring under control environmental problems within one generation. It sets out the policy actions which are deemed necessary during the period from 1990 until 1994 in order to begin in the desired direction. The report describes a number of instruments at the disposal of the government which could be used to influence the behaviour of business and industry and the public: voluntary and other agreements, legal regulations, financial incentives, information, setting a good example and penalties (Tweede Kamer, 1988-89, 21137, 1-2, p. 12). It also describes procedural safeguards for the drawing up of voluntary agreements. The government wants to play an active and encouraging role and in doing so wants to employ the most effective means available, having reached agreement on them as much as possible through consultation with target groups such as groups of producers and consumers, government agencies and 80 other concerned parties. Where regulation is necessary, the government believes it should be the end result of a consultation process. The year the NEPP was published, 1988, can be regarded as the point at which government began treating the environment as an issue concerning industrial relations and vice versa. From then on, unions and employers' organisations have been seen as part of the aforementioned target groups, to be consulted and encouraged to become involved in environmental policy making. In the NEPP the government calls on the unions to help implement an environmental policy aimed at securing sustainable development (given their position and their responsibilities as contributors to environmental aspects) in consultation with employers. A principal aspect being considered is the setting up of "internal environmental concern systems" (also called "corporate environmental protection systems" which are examined below) and encouraging members to take tangible steps to implement environmental policy. It is stressed that the role of the unions is important not only at company or branch level but also internationally. Employers' organisations are urged to work for sustainable development, both within their organisations and through their contacts nationally and internationally (Tweede Kamer, 1988-89, 21137, 1-2, p. 229). In the following year, 1989, the government issued a memorandum entitled "Company Environmental Protection" (Tweede Kamer, 1988-89, 20633, 2-3). Since this report deals with environmental management and hence in-company affairs, it devotes considerable attention to the role of workers and workers' organisations. Since employers' organisations had in fact already played a leading role in the formulation of the central concept of the report, its origins and contents merit a closer look. 2.3 Company environmental protection systems. In the course of the 1980's the Dutch government realised that regulation alone does not produce an effective environmental policy. It realised that to counter further deterioration of the environment, it would have to rely on the cooperation and preventative actions of other social actors. The so-called "internalisation drive", intended to persuade producers and consumers to internalise environmental standards and values, has been an integral part of government environmental policy since the publication of the "Indicative Multi-Year Programme on the Conservation of the Environment 1985-1989". Here the government described its task not so much as one of regulating as one of encouraging. Employers' organisations were quick to react to this development. In a publication jointly produced by the 81 Federation of Dutch Industry (VNO) and the Netherlands Christian Federation of Employers (NCW), "Environmental Protection in Companies" (VNO/NCW, 1986), the two organisations proposed the creation of an environmental protection system in companies. The purpose of such a system would be "to ensure better compliance with environmental laws and regulations". The system is clearly presented as an alternative to "more government intervention and yet more regulation in this sphere" (VNO/NCW, 1986, p. 5). In the Dutch language the term "company environmental protection system" ('bedrijfsinterne milieuzorgsystemen') tends to cause some confusion, since it suggests that it is referring to protection of the environment within the company. But the reason for this nomenclature must be sought in the course of its development. Environmental protection was initially a government matter and a company's pollution was inspected by the government. Only later was a system suggested in which environmental protection would also become a matter for companies, and companies would themselves control and manage their own pollution. It should be noted, incidentally, that the internal and external company environment and its protection, can of course be closely linked. Following on from the system proposed by the employers' organisations, a commission was set up to investigate the desired and possible relationship between the government and companies with environmental protection systems in place, and to develop criteria for measuring how well such systems were functioning (Commissie Bedrijfsinterne Milieuzorgsystemen, 1988). The Commission on Company Environmental Protection Systems, a temporary research committee composed of government and employer representatives which advises the Minister for the Environment, formulated what it called a "standard company environmental protection system". This system, which enjoys undisputed status in the Netherlands, consists of eight elements: a written environmental policy statement; the integration of environmental protection into the operation of the company; an environmental programme; a measurement and recording programme; an internal control system; internal and external reporting; internal information and training; and a regular audit of the company's environmental protection system. The commission recommended that the government encourage the development and implementation of these systems and help develop model systems for particular groups of comparable companies. 88 3. VOLUNTARY AGREEMENTS BETWEEN THE INDUSTRIAL ACTORS 3.1 Introduction Social partners can agree more or less extensive procedural or substantial arrangements to reduce environmental pollution and increase the environmental awareness of their members and affiliated organisations. This chapter provides an overview of voluntary agreements in the sphere of industrial relations concerning the environment, at national, branch and company level. 3.2 Agreements at national level At national level one form of consultation between employers' and workers' organisations has become institutionalised in the aforementioned tripartite Social Economic Council (SER). This body advises the government on economic issues, and in recent times has also become increasingly involved with environmental questions. Advice has been given, for example, on the Brundtland report, the National Environmental Policy Plans (NEPP and NEPP+) and on topics such as "an environmental hallmark" and "domestic waste disposal". The SER-committee on company research (COB) published a manual on commuter traffic (COB-SER, 1991) . Recently the SER published a report by its "committee of economic experts" (CED) on Environment and Economy (SER, 1991) , in which an extended use of market-conf orm instruments like regulating levies and marketable emitting rights is recommended.3 Here reference is made to a system under which a sector of industry obtains the right to cause a certain amount of pollution. Individual companies receive a part of this right which may be traded between companies. A company which reduces its emissions can therefore sell part of its right to other companies that want to pollute more than their right. In this way the environment has a price and pollution prevention pays. But also specific negotiations on the environment have taken place. In January 1989 the FNV, the largest Dutch trade union and the VNO, the largest employers' organisation, reached an agreement on a common approach to environmental problems. In their joint statement the FNV and VNO declared that an environmental policy is necessary even at times of slow economic growth. This declaration, made against the background of growing concern for, and awareness of, environmental problems started a process of 3 This refers to a system which a sector of industry obtains the right to cause a certain amount of pollution. Individual companies receive a part of this right which mat be traded between companies. A company which reduces its emissions can therefore sell pan of its right to other companies that whant to pollute. In this way the environment has a price and pollution prevention pays. 89 negotiations on the environment between all employers' and workers' organisations (including the Christian employers' and workers' organisations (NCW and CNV) and others). The starting points of these negotiations were that economic growth should be sustainable, that government should play a key role in environmental policy, and that potential disadvantages in terms of reduced international competitiveness should not be an excuse for reticence or inaction. Another starting point, also mentioned in the declaration, was the recognition of the role of trade unions in environmental matters at all levels, including the company level. As a result of the agreement different working groups have been established. One such group is studying the government's NEPP, another is investigating the problems of commuter traffic, a third is formulating recommendations for the improvement of public transport to an from work, and so on. Another result of the cooperation was the initiative to launch a campaign on "environmental protection within companies". This initiative was based on a memorandum on environmental protection which dealt with the opportunities for joint approaches (Milieuoverleg RCO / Vakcentrales, 1989). According to the memorandum, the important thing is to try to ensure as quickly as possible, as systematically as possible and in as many companies as possible that environmental aspects are taken into account in all facets of the production process. The paper presents an action programme, which distinguishes three levels : (a) National level Employers' and workers' organisations are able to play an important role in raising the level of awareness of environmental problems within industry. They can also focus the attention of their members and affiliated organisations on aspects that require further agreements between the participants on the development and implementation of company environmental protection systems. (b) Branch level This level is given a pivotal role both with regard to increasing environmental awareness and in taking the initiative for the development of a branch-specific company environmental protection system. Furthermore, the employers' organisations at branch level are considered to be the appropriate bodies for providing information and instruction on the system that has been developed and for persuading individual companies to adopt it. Workers' organisations should play a part in designing and setting up the system and framing instruction programmes. The practical detail of the system should be left to the parties involved at branch level. 90 (c) Company level The ultimate aim of the action programme is the introduction of environmental protection systems in as many individual companies as possible. To be successful the system will have to be supported wholeheartedly throughout the company. Government regulation in this context is rejected. Moreover, the successful introduction of the system requires the involvement of the whole staff. Consultation with the works council on the procedures and opportunities for introduction is desirable, as is the use of existing communication channels within the company. Two specific activities were announced to initiate the actions outlined above. One was the launch of the national campaign on environmental protection, aimed at affiliated organisations and provincial and local authorities. The idea was that after this event, organisations at branch level would take over the torch and start to unfold activities within their own domain. The second activity consisted of further deliberation with government on the formulation of an appropriate programme to promote the introduction of environmental protection. Continuing the programme outlined above, the environmental protection campaign took place in September 1989. The joint consultations on environmental issues at national level took place as announced, but did not exactly bloom. A communique issued in January 1990 referred to criticism from the workers' organisations regarding the functioning of the environmental consultation (milieu-overleg). This makes mention of an exchange of views, after which it was agreed to continue the consultations, on the basis of two new objectives: (i) to discuss each other's views on environmental issues in order to reach a better mutual understanding; and (ii) to investigate specific environmental matters on which joint activities could be undertaken. Since the issuing of the communique no official public statements have been made. Informal comments are, however, to the effect that the consultation process is not functioning as intended. The question is whether these consultation practices will last without some tangible results in the short term. It is understood that an evaluation will take place in the near future. 3.3 Collective agreements at branch and company level At branch level trade unions are involved in two kinds of consultation on environmental issues. Firstly, within the framework of consultation between the government and socalled target groups. The main parties involved in this consultation are the environmental authorities on the one 91 hand and representatives of industrial branches on the other. In the construction industry and manufacturing industry unions also take part in these discussions, the aim of which is to establish "covenants". These are special agreements between the government and groups of companies in which unions are not supposed to be a contracting party. Secondly, there is the process of collective bargaining, both at branch and at company level, in which the environment has become a topic of discussion, negotiation and agreement in recent years. In fact, collective agreements are among the principal areas in which union policies on the environment are realised. The smaller Christian trade unions in particular stress the use of collective bargaining in dealing with environmental issues in the context of industrial relations (Industrieen Voedingsbond CNV, 1989) . In a memorandum on the state of its environment policy as of May 1990, the CNV Manufacturing and Food Industry Union drew up a balance sheet on the introduction of the environment in recent collective bargaining (Industrieen Voedingsbond CNV, 1990) . The main aim of the union's collective bargaining policy on the environment is to reach agreements on the participation of workers in corporate environmental decision making. The memorandum reported that 45 out of a sample of 65 collective agreements in the manufacturing and food industries in place in May 1990 addressed the question of the environment in some form or another. In almost all cases this was the first time that an environmental clause had been included. The clauses differed widely, however. The report classifies the agreements as follows: (a) Four agreements made mention of "the development of environmental policy in cooperation with works councils and trade unions". (b) Twenty-four agreements contained arrangements acknowledging the role of the union, in the form of obtaining information or discussing environmental issues in the so-called "periodic consultation" (between unions and management). (c) Six agreements made mention of management's intention to inform the works council. (d) Branch agreements in the engineering industry as well as three agreements at company level provided for the setting up of company environmental protection systems. (e) The remainder was a diversity of agreements concerning, among other things, training programmes, the appointment of environmental experts or "strengthening workers' rights". In 1991 the Collective Bargaining Service, an official body which registers the results of collective bargaining and assists in the task of making agreements binding for all parties concerned, published a report on agreements 92 concluded up to April 1991 which included an analysis of clauses concerning the environment (Dienst Collectieve Arbeidsvoorwaarden, 1991). It defined "environmental clauses" as "agreements concerning the external environment", but did not take into account agreements presented exclusively in the context of working conditions (p. 21) . Environmental clauses were included in 53 of the 161 collective agreements studied.4 In most cases the environmental clauses were agreed after 1989. Before that year only seven agreements contained such clauses. The report divides the environmental clauses into four categories : (a) Agreements providing for consultation with workers' organisations and/or research and development on environmental issues (22 in total). This group also contains the agreements outlining statements of intent. As an illustration, the report mentions the collective agreement for the engineering industry, which contained an undertaking that job structuring would be carried out in such as way as to minimise the burden on the environment. In agreements for cleaning companies the employers undertook to explore substitution with less-polluting materials. (b) More wide-ranging agreements (12 in total). Agreements in this category went one step further providing, for instance, for the introduction of company environmental protection systems, or a system of environmental reporting or discussion of environmental data. (c) Agreements containing concrete measures (14 in total). This category includes two detailed agreements from the Philips company, in connection with agreements it made with the Ministry of the Environment in 1986. Several agreements in the construction industry provided for the banning or using up of a range.of hazardous materials, such as asbestos. The agreement for the building trade contained an updated clause providing for the recycling of tar. Clauses on the banning of asbestos are also found in agreements covering car and tyre manufacturers. The Shell Oil company agreed to improve the means for individuals to raise environmental issues and to consult workers' representatives, works councils and/or trade unions on environmental policy and annual plans where appropriate, and if necessary to take action. Information, training and the availability of experts were also mentioned. Haulage firms undertook to set up a bipartite committee to make recommendations on the issue of drivers' liability for toxic waste and work which damage the environment. The agreement for Paktank referred to workers' obligations to cooperate fully with the employers' efforts to reduce 4 Here it should be noted that this survey extended beyond the manufacturing and food industries 93 pollution to a minimum and to follow rules and procedures to the letter. And the biochemical company Gist-Brocades agreed not to bring into commercial exploitation any new processes whose safety aspect and environmental impact had not been sufficiently studied and controlled to reduce the risks to the workers involved and reduce their damaging effect on the environment to a minimum. (d) Agreements dealing with commuter traffic (6 in total). These agreements provided for an employer's obligation to employ workers within a 30-kilometer radius of their home (in the case of private security firms), to pay the transport costs for workers that need to travel frequently (cement and cement-transport companies), and to take into consideration the union's proposals for reducing environmental pollution as a result of commuter traffic (the chemical company AKZO). 3.4 Involvement and co-determination at company level As discussed earlier, in recent years there has been a growing emphasis on company self-regulation and the introduction of company environmental protection systems. This has in turn caused more attention to be focussed on what is actually happening inside companies concerning workers' involvement in environmental protection. Until recently only general impressions and incidental practices in this area have been available. Some of these can be found in a report by the Commission on Company Environmental Protection Systems (1988). It made an inventory of the consultative structures in which environmental issues are discussed and found that in half the companies studied (9 in total) consultation took place at the lowest level, "on the shopfloor" . The commission also noted that "in several companies consultation occurs in special committees, the works council and other bodies, which must remain outside the scope of this report" (Commissie Bedrijfsinterne Milieuzorgsystemen, 1988, p. 24f .) . The government has also outlined its general impression on this in "Company Environmental Protection": "The government notes with approval that at a practical level a tendency can be observed that, depending on their nature, agreements are concluded at the level of the works council, within the collective bargaining process and in the regular consultation between employers and employees" (Tweede Kamer, 1988-89, 20633, 2-3, p. 34). Much of the information on case studies and other publications in this field originate from educational institutions, which are not intended to paint a reliable picture of current practice. A study of the Environmental Education Foundation, a private commercial organisation, (Hengelaar, 1989) concludes that "most works councils have 94 no doubt that monitoring the company's environmental policy is part of their brief" (Teijlingen, 1989). But since only 22 of the 98 works councils approached in the context of this study replied, it is difficult to draw more general conclusions from these findings. Of the 22 works councils that responded, 12 pursued an environmental policy. They did so by means of raising environmentally damaging situations with the management (all 12) , supervising the company's environmental policy (10), assessing investments (8) , proposing improvements in management (5) and preparing an environmental memorandum (1) . Only recently has more reliable material on this issue become available. The first in line was a representative study by the Manufacturing Union FNV (1989), in which a considerable number of workers employed in the chemical industry in the Rotterdam area were asked about environmental and other issues. Asked which measures should be taken in the environmental sphere, 40% said that the dissemination of information to staff should be improved. A majority of those questioned were of the view that workers and unions had an important role to play concerning the environment. The report notes that it was remarkable that in open questions on the environment 12.4% of the respondents suggested ideas for improving its quality. In 1990 the same FNV Manufacturing Union conducted research on the activities of works council sub-committees on working conditions (provided for under the Working Environment Act). The activities of these committees were ranked according to prevalence. Out of 22 issues identified, concrete environmental issues ranked relatively high: Second: noise (82% of committees had dealt with noise problems); Third: hazardous materials (79%); Twelfth: effluent, waste disposal and emissions (47%; and Thirteenth: leaks and spillages (47%). Four out of the ten committees claimed they had been successful and achieved results on these issues. However, one of the people conducting the research noted that "in practice many environmental issues are intertwined with health and safety issues. A leaking container of toxic chemicals is harmful to both the environment and the health of workers. Moreover, often conflicting interests are involved. For workers it is better to have a noisy compressor situated outside on the roof; but that is unpleasant for people in the vicinity" (Praktijkblad Medezeggenschap, 1990, p. 22f.). Particularly interesting is the research commissioned by the Ministry of the Environment to evaluate the introduction of company environmental protection systems 95 (Calkoen and ten Have, 1991) . In addition to a number of environmental protection characteristics, this report deals also with the declared involvement of staff in environmental protection. Some 46% of companies claimed that their workers had specific environmental tasks, and 18% claimed that staff were involved in setting up an environmental programme. No less than 40% of the companies interviewed claimed that environmental issues were an important element in discussions with the works council, and 46% said that these issues were discussed at shopfloor meetings. A problem that arises here is that data on the involvement of workers and works councils are based on interviews with managers and environmental coordinators and are therefore of limited validity. An even more serious problem is that it is not clear what involvement of works councils actually means in practice. Does it reflect an active environmental discussion throughout the company? Or do works councils take initiatives when managements fail to do so? Some light is shed on these questions in a forthcoming report on an exploratory research project on workers' involvement in environmental issues (Le Blansch, 1991b). This distinguishes between "functional" co-determination on the one hand and "strategic" co-determination on the other. Functional co-determination on environmental issues, which remains within the boundaries of the chosen company policy, can occur under conditions of adequate rights, adequate industrial relations structures and access to information. Strategic co-determination, which questions the company's environmental policy, occurs under conditions of sufficient power and environmental awareness among the workforce. The report concludes that in the current Dutch legislative context, strategic co-determination on environmental issues asks a lot of the workers, perhaps even too much. 3.5 Discussion The above shows that the interest of employers and unions in the environment has led, especially since 1989, to a growing number of agreements on, and stronger involvement with environmental issues at both national, branch and company level. Some qualifying remarks may put this finding in perspective. In principle there need not be any conflict between employers and workers concerning environmental protection. In fact, joint approaches help matters considerably. Nevertheless, there is only a limited willingness on the part of the employers to make common cause on this issue. This reluctance appears to arise from the general tendency 96 with social partners to analyse the behaviour of the other side (i.e. the unions) in terms of power only.5 In relation to this it is interesting to note that Windmuller et al. make mention of a traditional hostility of Dutch employers to snoopers of all kinds, in particular trade unions (see Windmuller, de Galan and van Zweeden, 1983) . This may also be the reason, despite all the ringing declarations, behind the deadlock in the consultations at national level. Another reason for this deadlock may be the difference in style between the employers' environmental bureau (used to lobbying) and the trade unions at the national level (used to negotiating). In addition, some remarks can be made on the contents of the agreements. It is noticeable that collective agreements containing concrete environmental provisions often deal with environmental issues in relation to working conditions. A good illustration of this is the frequent occurrence of agreements on asbestos, even though the government has also taken measures in this area (see the aforementioned example in 2.4). This also seems to indicate that, perhaps to begin with, particularly those clauses which are already widely accepted are included in a collective agreement. Recent Dutch research suggests that the environment and working conditions are very often treated as interlinked, and not just at the level of collective agreements. Moreover, it is also suggested that procedural arrangements only appear to be "effective" if they are firmly based in a company's everyday practice (Le Blansch, 1991b). These findings suggest that collective agreements as such only play a small part in bringing about changes in environmental practices. In short it can be said that in the Netherlands the number of agreements on the environment and the intensity of workers' involvement in this sphere is steadily growing. The starting points are the working conditions and everyday practice. As the agreements seem to so far present more a codification of practices than a modification, expectations of the impact of collective environmental agreements should not run too high in the immediate future. However, it is far too early for a comprehensive evaluation. One more demonstration of the tendancy to seedlings from a power perspective rather than from a fuctional perspective can be found in a VNO memorandum on collective bargaining. Here the unions environmental activities within companies are placeed in a territorial perspective and are therfore rejected. It states 'When in collective bargaining.demands are made within the framework of the FNV's environmental policy, the following should be considered.The FNV's policy is a clear attempt to provide a role for union work within companies and thier organisations have always maintained that no consultations should take place between management and union member groups. Consultation on any subject is to be exclusively with either the works council or the paid union representative. This principle should be upheld especially since the union is trying to extend its activities within companies in other fields as well. In maintaining this position it is neither necessary or desireable to agree on behalf of union members to protecry their position within the company or to hand over information. (VNO, 1989,p42) 97 4. PROGRAMMATICAL STATEMENTS, DEMANDS AND CAMPAIGNS 4.1 Introduction This chapter presents the attitudes of both employers' organisations and trade unions on environmental protection measures, analyses them and places them in their historical context. Statements on workers' involvement at company level are discussed separately, as they reveal many of the assumptions behind the role which workers, unions and codetermination practices can play on behalf of environmental and workers' interests. Again, the chapter is concluded with a discussion. 4.2. Management and employers' organisations As described in section 2.3 of this report, employers' organisations have played an important role in the development of company environmental protection systems. In this respect 1986 can be seen as a watershed. Before that time, the activities of the VNO, NCW and their joint environmental agency, the Bureau for Environment and Physical Planning (BMRO) were somewhat defensive towards environmental protection, mainly stressing the negative consequences for profits and international competitiveness. These arguments were put forward in two specific publications on the issues of environmental policy and planning (VNO/NCW 1982, 1985). A shift occurred in 1986 when the employers' organisations adopted a more proactive stance, developed the concept of systematic company environmental protection and started to promote this concept to their members. The result was publications such as "Environmental Protection in Companies" (VNO/NCW, 198 6), "Company and Environment" (VNO/NCW, 1988) and "Environmental Reporting by Companies" (VNO/NCW, 1990 and 1991) . It, is for this reason that the government's "Company Environmental Protection" declared that it is "thanks to the Bureau of Environment and Physical Planning (BMRO) of the VNO and NCW that in the Netherlands attention is focused primarily on the systematic approach [italics KLB] of environmental protection as a question of control, on behalf of which instruments like environmental auditing can be developed and applied. Moreover, the cooperation and interaction between government and industry in developing means for protecting the environment can be considered characteristic for the Netherlands" (Tweede Kamer, 1988-89, 20633, 3, p. 18) . It can be observed that BMRO was very successful in convincing the government of industry's definition of the environmental problem and its possible solutions. In a recently published dissertation, Doorewaard (1990) asserts that the role fulfilled by the BMRO in providing assistance 104 Workers and their representatives must be involved in company environmental protection because this is in the interest of a clean environment; this may be called the "environmental perspective". A third type of argument is used considerably less frequently, and less publicly, but is of great influence especially at company level. This type of argument concerns the interest of the organisation's operation, and can be called "the functional perspective". The different arguments will be analysed on the basis of this division. 4.4.2 Arguments from the workers' perspective From the workers' perspective, the following arguments have been put forward to justify the involvement of workers in company environmental protection. (1) Because environmental protection touches fundamentally on their safety and health, workers should be able to codetermine it. It was noted earlier that the internal and external environment can be closely interrelated. Zwetsloot (1989), for instance, describes working conditions and environment as "twins" and distinguishes six possible types of relationship, both positive and negative and direct and indirect. 10 Several advocates argue that wherever protection of the environment and protection of working conditions overlap, workers should have a say. The National Environmental Forum (LMO), an informal grouping which brings together environmental and consumer organisations and trade unions, follows this line when it justifies involvement of workers in environmental protection on the grounds that "they after all experience on a daily basis the problems and dangers of the internal environment" (Sprengers, 1989a, p. 16). So too Sprengers, when he draws the attention of works councils to the fact that environmental protection measures may lead to an improvement or a deterioration in working conditions (Sprengers, 1989b). According to Gevers (1982, p. 58) normative grounds can be sited to substantiate this argument, which follow on from the right of involvement in the protection of physical integrity and in the protection of health at work. These are the same normative grounds which in all member states of the European Community have led to the regulation of powers on health and safety (such as in the Working Environment Act in the Netherlands). υ He names the following twin relationships (a) environmental and working-environment problems which can be traced to the same roots, (b) environmental problems which may cause a working environment problem and (c) vice versa (d) environmental and working environment problems which reinforce each other (e) parallel working environmental problems (wetsloot. 1989,p308) 105 (2) Because the workers are co-responsible for the pollution caused by the company, they should have codetermination on its environmental policy. This line of argument has been used, for instance, in the environmental policy plan of the CNV Manufacturing and Food Industry Union: "In the end what matters is that we are conscious of the fact that the jointly shared responsibility of employers and employees for cleaning the general environment and keeping it clean will occupy us for a very long time to come" (Industrieen Voedingsbond CNV, 1989, p. 5) . In the same text reference is also made to the Christian mission to "dress and keep" the earth as mentioned in Genesis 2:15 (p. 15). Sprengers (1989b) gives the fact that employees are also held co-responsible outside the company as a justification for co-determination. The FNV (1990, p.8) points out both the employer and employees are liable for violations specified in a number of environmental laws. This is perhaps a reference to the Environmentally Hazardous Substances Act and Soil Protection Act. For this reason the FNV argues for "identification of and information on these laws and other regulations" and for "education, instruction and so on". (3) Because decisions related to environmental protection affect workers directly, they should co-determine them. Gevers (1988) places this principle within the context of the striving for a humanisation of labour.11 He quotes the government memorandum at the adoption of the Working Environment Act, in which the wellbeing of the workers is directly linked to the degree to which they control their own work situation, "Wellbeing in connection with labour is concerned with the scope offered by the conditions, organisation and content of work for taking responsibility, input and creativity by the workers" (Tweede Kamer, 197879, 14497, 5, p. 7). Decisions on environmental policy affect workers if for no other reason than the issue of continuity of employment. A report by the Environmental Education Foundation (SME) and the Centre for Energy Conservation and Clean Technology (CE) follows this argument and gives as a reason for workers' involvement the fact that "a company which pursues bad environmental management risks a government decision at some point to suspend its operations or close down it down altogether. This puts the issue of employment centre stage. For the workers and the works council it is therefore imperative to ensure that the management takes appropriate environmental measures" (SME/CE, 1988, p. 13). For Geers (1986.pllf) the concept of the humanisation of labour has three components (a) safety, health and hygiene, (b) a voice in the management of the company, and (c) responibility, development and creativity 106 As another reason for the involvement of the works council in environmental protection, Sprengers (1989b) mentions the possible changes in tasks and responsibilities which could result from it. 4.4.3 Arguments from the environmental perspective From the environmental perspective, the following arguments have been put forward to justify the involvement of workers in company environmental protection. (1) The workers should be involved in environmental protection because this motivates them to improve their environmental behaviour. Gevers concludes that "if the freedom and individual responsibility are taken away by excessive regimentation, then an important incentive for an active commitment to the safety of oneself and of others disappears. Conversely, an extension of responsibility leads to a greater commitment" (Gevers, 1982, p. 52) . In this line a recent VNO/NCW publication, "Environmental Reporting by Companies" argues for the provision of information to employees: "The cooperation of the individual employee is essential to the success of the environmental protection system. By increasing understanding [of environmental pollution and protection] individual awareness and the incentive to behave in an environmentally responsible way will increase" (VNO/NCW, 1990, p. 3f.). Environmental behaviour outside the workplace can also improve through involvement in environmental protection within the company. In its policy plan the CNV Manufacturing and Food Industry Union identified a number of roles in which CNV members deal with the environment : as union members, as citizens, as car users, consumers and tourist. The CNV sets itself the task of initiating a process of consciousness-raising (CNV, 1989, p. 17). One of the arguments in favour of workers', involvement put forward by Ket (1989, p.l) is that employees are also consumers and therefore an important factor in environmental policy. (2) Workers should have co-determination on environmental protection because they can fulfil a useful role in enforcing environmental legislation or where appropriate remind employers of their responsibilities concerning the environment. This line of argument can be found in many quarters. An employee at the Hoogovens steelmill is quoted in the Praktijkblad voor Medezeggenschap as saying that the management "is far more sensitive to criticism from within than from outside, from environmental action groups, for instance" (Anon., 1988). In an interview with ORInformatie, a magazine on co-determination (Verbakel, 1989), Ed Nijpels, then Minister for the Environment, 107 showed himself a strong supporter of corporate "environmental accountancy" monitored by the works council. At a congress of the CNV Wood and Building Union he expressed himself in similar terms, and did not exclude statutory measures if it emerged that the council did not have sufficient monitoring powers (Ket, 1989, p. 6). And in a preface to a publication by the environmentalist movement, "Environmental Protection in Companies, Why It Matters" the environmental science lecturer Hommes, commenting on the call by the authors for a mandatory external public audit, argues that they underestimate the internal monitoring within a company (Berends and Mol, 1988, p. 5) . (3) Workers should be involved in environmental protection because they have expertise and experience which may be useful in the development and application of environmental measures. Although this argument cuts more ice in the debate on worker involvement in measures concerned with increasing subjective wellbeing, it is also used in the context of environmental protection. Thus the FNV gives as another reason for the involvement of workers that "experiences in the sphere of traditional working conditions can be very relevant" (FNV, 1988, p. 5) . The SME/CE paper also adopts this position, "Workers constantly come into direct contact with environmental problems: leaking pipes, saturated filters, used oil which gets into sewers, and so on. Therefore most decisions on intervention will have to be taken on the shopfloor" (SME/CE, 1988, p. 13). The Research Council on the Environment and Nature (RMNO) recommends that environmental protection should be given shape not only in a top-down but also and in particular in a bottom-up approach, "In addition, the actual implementation of environmental protection systems and their incorporation into general corporate policy are of great importance. This is a task for line management and employees. That is why it is ' important that the development of policy takes account of implementation problems which may occur at the lower levels of an organisation, the so-called "bottom-up" approach" (RMNO, 1989, p.14). Gevers puts the potential contribution of workers also in the light of selective perception, applying to both management and workforce, and links to this the condition that for an optimum input from this selfperception of workers, possibly inadequate knowledge should be supplemented with the help of training or external expertise (Gevers, 1982, pp. 56f.) 4.4.4 Arguments from the functional perspective Employers and their organisations tend to approach workers' involvement primarily from a functional perspective. As this concerns in the first place a specific company interest and less a collective public interest, the 108 arguments from this perspective are less often stressed in public as well. Still some of the arguments sited in the sections above clearly originate from a functional perspective, like those concerning involvement in order to motivate personnel to behave in accordance with company environmental policy. The same goes for arguments stressing the importance of expertise and knowledge on the shopfloor to become available for management (the so-called "bottom-up" approach). VNO/NCW further elaborate these arguments, also concerning the workforces' commitment to the company environmental protection policy. They emphasise the importance of "close involvement of all personnel (as) a precondition for the environmental protection system to function properly" (VNO/NCW, 1986, 21). And the supply of information to employees is (also) argued as follows, "A greater understanding will lead to a motivated staff and a work force that is motivated to take the responsibility of environmental hygiene seriously. Furthermore, it is of the utmost importance that employees are well informed to enable them to react correctly when remarks concerning the company environmental policy are made by the general public" (VNO/NCW, 1991, 5) . Sometimes arguments from this perspective are stated in an indirect manner. This concerns for instance a derivative of the "quality of working life" argument. Thus, the government's "Company Environmental Protection" mentions "contributing to the quality of the production process and products" and "positive influence on staff motivation", among others, as interests of industry in environmental protection (Tweede Kamer, 1988-89, 20633, 2-3, p. 11). Also the report by the Research Council on the Environment and Nature (RMNO) (RMNO, 1989, p. 14), mentions the view of the quality of labour and safety and environment as primary production factors rather than residual matters, as environmentally relevant developments. If not so very often used in public, these arguments are often encountered in case studies concerning workers' involvement in company environmental practices. For example in one Dutch case study (Le Blansch, 1991b) an environmental coordinator is cited, "It is the task of management to provide for policy, means and opportunities. If these fall short then management is pleased to be informed of this. Problems may arise in implementation and in this management an works council may well cooperate". This quotation demonstrates the limits of the functional arguments as does, even more so, a statement on workers involvement by an environmental coordinator from another company: "It helps integrating the protection of the environment in the company's activities. Co determination however must remain functional, 13,500 small decisionmakers are of no use". 109 In short, three kinds of functional arguments can be distinguished : 1) Workers should be involved with company environmental protection because this motivates them to behave in accordance with company environmental policy (and the interest of the company in general). 2) Workers should be involved in the formulation of company enivironmental policy because they have expertise and experience which may be useful in the development and application of environmental measures. 3) Workers should be involved with company environmental protection because they contribute to the organisation's outward image. 4.5 Discussion The various arguments for workers' involvement have been outlined above. They suggest, more or less, that the workers', company's and environmental interests are closely connected and interrelated. Again, some qualifying remarks need to be made at this point. It has already been pointed out that involvement and co-determination may be quite difficult to realise, both from a legal and political power point of view. Therefore it is by no means certain that all workers are in a position to exercise influence. Even when workers have the opportunity of exercising influence over company policy, it is by no means certain that they will use it to protect the environment. A prerequisite is that they are concerned about the environment, that they are aware of the environmental pollution caused by the company, that they feel partly responsible for it, and that they have a degree of idealism about environmental issues. In short, a particular attitude is required. Nelissen (1988) has made a study of the internalisation of environmental norms from a socialisation angle. As environmental standards become a more elementary part of the dominant cultural pattern, environmentally friendly behaviour becomes a question of conforming to normal patterns of behaviour. He therefore adopts a "socialisation" approach to the environmental question. He identifies a number of barriers to effective socialisation. Although he focuses primarily on those mainly responsible, the employers, most of the barriers he mentions can also be an obstacle to workers' involvement in environmental protection. What springs to mind here is the influence of the social environment, the absence of alternatives, or relative ignorance of environmental issues. An important threshold identified by Nelissen is the so-called "costbenefit barrier". This arises when a positive attitude to the environment costs the workers more than they gain from it. The existence of this barrier presupposes a difference between the workers' interests and environmental interests. 110 Possible differences between the workers' interests and environmental interests can be discussed either from a macro (or collective) point of view, or from a micro (or particular point) of view. Viewed at the macroeconomic level, it is open to question as to whether any such difference exists. For the quality of the life of the workers will be directly linked to the overall quality of the environment in which they find themselves. And a company which consistently neglects its critical dependence on the environment will eventually go under. But it is certainly true that at the microeconomic level, within the individual company, tensions between the interests of workers and the environment can be observed, quite apart from the question as to whether these interests are correctly perceived. This is why involvement of workers does not always lead to the protection of environmental interests. A publication by the FNV, "Trade Union Basis for Environmental Policy" (1988) identifies four types of friction between workers' and environmental interests which may be the cause of this: (a) term effects: effects on employment tend to reveal themselves in the short term, while environmental effects emerge in the long term; (b) cost allocation: employment arguments can sometimes overcome the "polluter pays" principle; (c) cumulative effects: it is often difficult to identify individual transgressors, since the damage done is the sum total of many forms of relatively "harmless" environmental pollution and (d) interest allocation: it is difficult to demarcate the general interest from the interests of those directly involved. The upshot of all this is that at the micro level and in the short term conflicts of interest between workers' and the environment can occur in specific cases. Reijnders (1990) and Leis.ink (1989) provide a short survey of cases in the past where these conflicts have come to the fore in the form of contradictory statements by proponents of workers' and environmental interests at macro and micro level. These are summarised below: Coal-fired power station in Amsterdam: FNV-Amsterdam in favour, the environmentalist movement and FNV headquarters against; Phosphate-free washing powders: the environmental movement and FNV headquarters in favour, the union at Hoechst against; Banning of Dinoseb (a chemical company): environmental movement in favour, trade union against; Ill Reclamation of Markerwaard: several unions in favour, environmental organisations against and Abolition of travel costs subsidies: environmental movement in favour, union against. Of course the changing times have not passed either the workers' organisations or the environmentalist movement by. Workers' organisations have recognised the contradictions mentioned above and have tried to resolve them. Partly in the light of its current "success" the environmental movement has come to better understand the interests of workers' organisations, and there have been growing calls for joint action. Nevertheless, in specific cases some painful choices will still have to be made. Under certain circumstances it will be unrealistic to expect workers and their representatives and environmental organisations to take an overly balanced view of the primary interests which they seek to represent. 112 5. SUMMARY AND RECOMMENDATIONS In the previous chapters an overview is given of the different ways in which industrial relations and the environment are interconnected in the Netherlands. Firstly, Dutch legal conditions under which industrial relations affect or may affect environmental issues and vice versa have been presented. On the one hand this concerns environmental legislation in general and in particular the development towards (government sponsored) self-regulation by means of company environmental protection systems. On the other hand it concerns Dutch legislation on the working environment, particularly the Working Environment Act (WEA). This is primarily an enabling act, defining the role of the parties involved and their respective rights and duties. It can be noted that the legal means for co-determination are slowly being extended towards the environmental realm. However some qualifying remarks have been made about both the uncertainty of actual workers' involvement in environmental protection at company level, and the still limited extent to which co-determination rights can be applied to environmental issues. Next, voluntary agreements at the national, branch and company level have been reviewed. At national level existing structures like the Social Economic Council have been used for consultation on environmental issues. As a result of a national agreement between social partners, special structures have been created, in which, however, negotiations seem to have come to a deadlock. A dominant power perspective on assessing one anothers' motives and differences in style concerning the approach of environmental issues, appear to present obstacles for the further development of a common approach on environmental problems by social partners. At branch and company level collective bargaining, which is among the principle areas in which union policies on the environment are being developed, has led to a growing amount of collective agreements on the environment. At company level workers' involvement is definitely increasing, although valid data on the exact contents and intensity of involvement are difficult to find. The starting points of involvement and co-determination practices appear to be working conditions and everyday practice, whereas the agreements seem to so far present more a codification of practices than a modification. However it is far too early for a comprehensive evaluation. Finally, the programmatic statements, demands and campaigns, both from employers' and workers' side, have been described. From employers' side, the most important issue at stake has been the introduction of Company Environmental Protection Systems and its acceptance by 113 government as an alternative to direct regulation (from 1986). Here the employers' environmental bureau, the BMRO, played a proactive and successful role. The result so far can however be considered to be rather paradoxical, as the postponement of direct regulation legitimates stronger public attention to what is actually happening inside companies. The unions also show a "greening" tendency, with the major environmental policy push dating from 1987. It is noticeable that in taking position in public increasingly common cause is made with environmental organisations. A special point of interest from the union side (and in part from the side of the employers' organisations, government and environmental organisations too) concerns the involvement and co-determination of workers in company environmental policy. The FNV is even arguing that this should be made a criterion for the evaluation of the state of corporate environmental policies in 1992. In part these cases are argued from a workers' perspective. What matters from this perspective is the influence of environmental protection on health and safety, the general work situation of the worker, or the aspects for which the worker is partly responsible. From an environmental perspective involvement of workers is advocated because it would have a motivating effect on their environmental behaviour, would enable them to play a useful role in supervising the environmental behaviour of the employer and because they have valuable knowledge and experience. From a functional perspective workers' involvement is advocated because it motivates them to behave in accordance with company environmental policy, because it enables knowledge and expertise at the shopfloor to become available for management and because workers contribute to the organisation's outward image. Practical co-determination based on the coincidence of the workers', the company's and environmental interests applies above all at the macroeconomic level. At the micro level, frictions can occur. Those mentioned here are term effects, cost allocations, cumulative effects and interest allocation. In cases where these conflicts arise the involvement of workers may have a counterproductive effect in environmental terms. Problematic co-determination, possibly insufficient socialisation and conflict between workers' and environmental interests may stand in the way of a meaningful workers' involvement in the development of company environmental policy. So far too little is known about the extent and form of this involvement and more research in this area is needed. On the one hand the question arises: under which conditions may treatment of environmental issues within industrial relations serve the interests of the environment? When the implementation of company environmental policy becomes the 121 INDUSTRIAL RELATIONS AND THE ENVIRONMENT: SPAIN. by Ernest Garcia (Coordinator) Rafael Gadea Ignacio Lerma Maria Luisa Lopez Alicia Marcos Jose Maria Ramirez Antonio Santos Ortega 123 TABLE OF CONTENTS: Page 1. INTRODUCTION 126 2. THE LEGAL FRAMEWORK 126 2.1 Introduction 2.2 Environmental legislation 128 2 . 3 Legislation on the working environment 130 2.4 Health Legislation 131 2 . 5 Summary 132 3. COLLECTIVE AGREEMENTS IN HEALTH AND ENVIRONMENTAL ISSUES , 133 4. POLICY STATEMENTS, CAMPAIGNS AND DEMANDS BY UNIONS AND EMPLOYERS 142 4.1 Introduction 4.2 Employers' organisation 4.2.1 Chamber of Commerce initiatives 145 4.2.2 Policy versus practice 146 4 .3 Union organisations 147 4.3.1 Comisiones Obreras (Workers' Commissions 149 4.3.2 General Workers' Union (UGT) 151 4.3.3 The Environment in the Priority Union Proposal (PSP) 152 4 . 4 Summary 153 5 ATTITUDES OF INDUSTRIAL RELATIONS ACTORS TOWARDS THE ENVIRONMENT 154 5.1 Introduction and methodological clarifications 5.2 Attitudes of employers towards the environment 155 5.3 Union attitudes towards environmental issues 162 5 . 4 Summary 166 6 SUMMARY AND CONCLUSIONS 167 APPENDIX 1 172 124 INDEX OF TABLES: TABLE 1: TREATMENT OF HEALTH AND ENVIRONMENT IN COLLECTIVE AGREEMENTS VALENCIA REGION AND CATALONIA 1987 TABLE 2: TREATMENT OF HEALTH AND ENVIRONMENT IN COLLECTIVE AGREEMENTS. STATE AND VALENCIA REGION 1991 TABLE 3: SUMMARY OF BUSINESS ATTITUDES TOWARDS THE ENVIRONMENT 125 1. INTRODUCTION The environment and industrial relations: a strange sounding combination within a Spanish context. In the public's perception, "environment" conjures up images of ecologists, wide open spaces and consumption. Of course, industry has something to do with all this, being a source of pollution; but references made here are to technology, materials, products. The co-operation - conflict dynamic between the social actors of industrial relations is considered apart. "Industrial relations", for its part, is considered to be simply to do with jobs and wages; and at most involves health and safety at work. The line where the two meet appears somewhat blurred. This situation has given rise to numerous difficulties in the composition of this report. Firstly, in relation to obtaining significant information, reference to previous studies has proved difficult, even more difficult as far as published studies are concerned, and virtually impossible with respect to any with a sociological focus. Revision of environmental and occupational legislation has revealed a uniting of the two, both relevant to our aim but a lack of specific guidelines. The review of a wide sample of collective agreements (chapter 3), at state and regional level, indicates the relatively frequent presence of matters associated with the internal environment (ie health and safety), but the absence of references to the external environment. Programmes and claims of company and workers' organisations (chapter 4) show there is evidence, on both sides, of an environmental discussion which is emerging as much more than just embryonic; but these also demonstrate that the issue is not considered to be one which overlaps into their mutual social relations. The attitude analysis (chapter 5) adds two more difficulties. Even the most open ideology is notably cynical, and preaches - at least as an objective - conciliation between protecting the environment and the continuation of the prevailing growth model. This makes the idea tend towards minimising conflict, and therefore, reduces the frequency and intensity of expression in the argument. On the other hand, attitudes tend towards the paradoxical. The criteria of widespread environmentalism are easily accepted, unless they reduce profits (in the case of employers) and apart from when they affect wages or jobs in a negative way (in the case of workers). Of course, the slightly confusing presence of the object of the study surrounded by structured public arguments (collective agreements, programmes, congressional statements etc.) does not mean to say that this is always the case. There is a substantial amount of clear industrial practices in this field. However, an explanation of this characteristic would have meant having to recourse to studying cases, a task which would have led us away from the general focus of this 126 report but an indepth explanation of these would require case studies. We have basically used four types of sources: legislation, collective agreements, documents from union and employers conferences and meetings and last but not least, published documents. The few existing and available surveys on environmental issues opinion have been examined and several consultations have taken place with people in significant posts in the field of industrial relations. We end this introductory note by acknowledging the cooperation of many people and organisations. We are grateful to Inés Ayala and Winni Woischnik, from the Social Action Secretariat of U.G.T (General Workers Union), to the Valencia Regional Confederation of CC.OO. (Workers Commission), to Angel Cárcoba and Joaquín Nieto from the Confederal Department of Environment and Ecology at CC.OO.; to the 1st of May Foundation, to Rafael Luengo, from the CEOE Secretariat for the Environment, the Valencia Cámara de Comercio (Chamber of Commerce). All the persons mentioned have kindly answered our questions and have given us access to many significant documents. Also to the documents service of the General Environmental Secretariat from the Public Works Ministry, for all the facilities provided in order to consult their archives. Finally to Sarah Whyte, for her patient and careful work in preparing the English version of this report. 2. THE LEGAL FRAMEWORK 2.1 Introduction The Spanish Constitution recognises in article 37.1 the right to collective agreements, entrusting the Law with the task of guaranteeing this right in a free and autonomous way. This constitutional mandate is instituted by Law 8/80 of 10th March in the Workers' Statute in which Title III (articles 82 to 92) regulates bargaining and collective agreements. The Statute recognises in article 82 its legal status as a regulation, as does article 37.1 of the Constitution which recognises the binding force of collective agreements "which signifies the recognition of them not only as a simple contract, but as a legal standard" (Sala, Τ; 1990). At the same time, the content of agreements depends to some extent on the character of collective occupational bargaining, according to article 37.1 of the Constitution. This allows the inclusion in bargaining of all those issues affecting industrial relations. The only material limit to the content of bargaining is "with respect to and coordination of those other rights protected by the Constitution with the same or greater intensity as the right to collective bargaining" (Sala, Τ; 1990). Both texts, Constitutional and Statutory, leave the way open for protagonists of the conflict to project their interests on 127 regulated specifications in the agreement, within the scope of valid laws. On the other hand, the development of the environmental collective agreement is restricted by the nonexistence of a general environmental law and the consideration of the environment only as "the internal environment within the factory". This regulatory delay and restricted perspective are important since they cause difficulties in the regulation and delegation of duties and responsibilities to different Ministries (Public Works, General Environment Secretariat; Health and Employment), Public Organisations, Autonomous Communities1 or Environment Agencies and Local Authorities. The end result is that the regulatory framework becomes more complex and the participation of the latter in prevention, correction, followup, intervention and negotiation in environmental issues is much more complicated. Adhering to this restriction which links the environment with occupational health, limits the actions of employers' organisations and trades unions and takes away a great part of the content of the agreements. It is worthwhile pointing out that the "national occupational health legislation is taken from a model inherited from the previous system. It continues to be deemed as health and safety legislation, occupational as a consequence, and destined to eliminate points of conflict in companies" (Alfonso Mellado, C; 1989) and therefore stands out as a double restriction. The constitutional mandate with regard to the environment "the right of citizens to enjoy an environment suitable to personal development" (article 45 C.E.) and occupational health which obliges public powers to guard "health and safety at work" (article 40.2.C.E.) within the "general right to health protection (article 43.1) and the right to life and physical and moral wellbeing" (article 15 C.E.) is developed by means of three regulatory channels occupational, health, and environmental. These three regulatory frameworks present aspects which from their fields of duty allow employers' organisations and trades unions to project a global environmental consideration onto the content of collective agreements, as obviously certain responsibilities should be extended or specified. The Spanish State is composed of 17 Autonomous Communities, each comprising the former province or regions according to cultural identity. For example, the Autonomous Community of Catalonia is made up of 4 provinces (Barcelona, Girona, Lleida and Tarragona). Each Autonomous Community has its own Parliament and Government with administrative powers covering its whole area but with responsibilities which vary from one community to the next. Certain communities possess legislative powers, apart from those who depend exclusively on the Spanish State. 128 2.2 Environmental legislation The establishment of the Spanish Constitution in 1978 contains a number of essential issues as far as environmental legislation are concerned: a) The "constitutionalisation" of the right of citizens to "enjoy an environment suitable for personal development", as well as the duty of preserving it (article 45 of the Constitutional Text). b) The obligation of public authorities from the date of the constitutional order onwards "to guard the rational utilisation of natural resources, with the aim of protecting and improving quality of life and defending and restoring the environment with the support of indispensable collective solidarity". This obligation involves, amongst other things, the State exercising a policing role in environmental matters which includes the power to impose administrative and penal sanctions. c) The inclusion of this order in Chapter 3 of Title 1 of the Spanish Constitution "Guiding Principles of Social and Economic Policy", implies that, as this right is not considered fundamental (as it would be if it was included in Section 1 Chapter 2 Title 1: "Fundamental Rights and Public Liberties") it cannot be directly invoked but (article 53.3 of the Constitution) "must be preceded by action taken by means of positive legislation, legal practice, and public powers"2d) The introduction into the political-administrative system of the Autonomous Community and, above all, the possibility that these Communities take on certain responsibilities in environmental matters. Effectively article 149.1.23 establishes that the state has exclusive responsibility over the "basic legislation on environmental protection, without the danger of Autonomous Communities establishing additional standards. For its part, article 148.1., in reference to other matters where Autonomous Communities can assume responsibilities, includes, "management in matters of environmental protection" (article 148.1.9). Autonomous Communities have started developing laws and carrying out basic State legislation. e) In relation to section b of article 45 of the Constitution referring to the possibility of imposing penal sanctions for failure to comply with environmental standards, it is essential to mention the nature law 8/86 of 25th June, which adds a new article to the Penal Code: 347 bis. This punishes "anyone who contravenes laws or environmental regulations, causes emissions or spillages of any type directly or indirectly into air, land, fresh or sea water, places peoples' health in serious danger or seriously endangers animal, wood, natural species or plant life". 2 An example of this is that no one can demand in court that, on the basis of Article 45, a green zone be protected, the procedure is that legislative powers create a law which protects the green zone. 129 By means of this inclusion a new type of offence is created, "the ecological offence", which according to the above article, is punished with up to six months imprisonment and fines from between 175.000 to 5 million pesetas. Sentences are more severe where an industry is operating secretly, an order from the enforcing authority to correct or suspend a polluting activity has been disobeyed, if false documents have been presented regarding environmental aspects or if inspection has been obstructed. All these reasons could result ' in the temporary or permanent closure of the company and the Courts would propose that the local administration intervene in the company with the aim of safeguarding workers'rights. Penal and legal doctrine define the environment as "maintenance of properties... and the developing conditions of species, in such a way that the ecosystem maintains its subordinate systems and does not suffer harmful changes". f) Local authorities (in particular Town Halls) are responsible for granting and supervising licenses for companies and industries, whose activities acquire "graded" status, that is to say those of unhealthy, harmful or a dangerous nature. Of all the above, it is worth positively assessing the innovations which the Constitutional Text has brought about, one of which is the inclusion of "Ecological Offence". But it is paradoxical that responsibilities are dispersed, increasing the complexity of the regulatory system on environmental matters. A number of environmental regulations are analysed below: Environmental Impact Regulation. This regulation (Royal Decree 1302/86, 26th June on Evaluation of Environmental Impact and Royal Decree 1131/88, 30th September originates from recommendations made by a number of international organisations and from the 1985 "Seveso" directive 85/377/EEC. It establishes a procedure for assessing certain activities with the potential for pollution. Under the procedure a study to accompany the project must be carried out in certain sites, containing data relating to use of land and other natural resources by industry. This includes an assessment of the possible effects of this activity on the population, wildlife, air and so on, and the measures necessary to reduce or eliminate these effects and suggestions for possible alternatives. The relevant details of whether the project is public or private are set out in Royal Decree 1131/88 Chapter II, S section 2, articles 7 to 12. The procedure is set out in section 3 (articles 13 to 22) and includes initiation, information, publicity, environmental impact declaration (which determines the advantages or disadvantages of carrying out the project on environmental effects), and solution of possible discrepancies etc. 136 collective agreements in Spain. It establishes a periodical register of environmental data with the aim of assuring the maintenance of threshold limits of chemical substances and physical agents; it declares all work which is arduous, poisonous, dangerous or unhealthy as temporary and exceptional, emphasising substitution of safer alternatives it introduces controls for introducing new technology; it formulates workers' information rights and risk supervision and so on. Situation analysis. The level of workers' participation in risk prevention in Spain is still very low, despite improvements (Carcoba, A; 1987) . Using the data from table 1 as a basis, several relevant characteristics can be used as indicators of the situation, in order to see developements over.the years. 137 TABLE 1 TREATMENT OF HEALTH AND ENVIRONMENT IN COLLECTIVE AGREEMENTS Valencia Region and Catalonia 1987. * (1)(2). % of Agreements Valencia Catalonia Aspects dealt with: Knowledge Data records 3.1 Hazard maps Training Occupational health 4.1 Right to information 10.2 Remuneration Danger money 24.5 Explicit rejection of danger money 3 .1 Participation Health & Safety Committee 31.6 Company committee 5.1 Specific health committee 8.2 Prevention No preventative measures 83.7 Vague general measures 7.1 Concrete measures 4.1 Medical checkups 3 5.7 Compliance with legislation Legally recognised guidelines 30.6 Wide legal field 6.1 1.5 2.4 6.4 19.6 20 .4 21.0 10.2 22.0 16.0 1.3 Number of agreements analyzed 98.0 382 (1) Own elaboration from work of Unzeta Lopez, M. (2) Data for 1987 taken from Boix y Ferrando, Ρ 1987, 138 Characteristics of collective agreements in issues of occupational health and the working environment, taken from the data analysis in table 1: a) The agreements reflect very little concern on the part of the employees in questions of their subjection to risk. b) Compensation for dangerous work is widespread only in a few cases are these types of bonuses explicitly rejected. c) Workers' participation is centred around health and safety, committees to the detriment of company committees which are autonomous institutions with greater negotiating capacities. d) The majority of agreements in the Valencia Region, over 80%, do not include preventive measures. The situation in Catalonia is likely to be similar. e) Culture prioritises médicalisation reflected in the fact that 3 6% and 22% respectively of agreements, propose health surveillance. f) Collective agreements have very little use in widening the legal field which workers and their representatives have already recognised. The evolution of these characteristics over time can be established comparing the data referring to the Valencia region and the years 1987 and 1991, tables 1 and 2. The above comparison, shows that in general things have not improved greatly from 1987 to 1991. It is worth pointing out, however, the small advance concerning knowledge of risk. There is a greater difference in the situation if the data relating to the State is compared to that for the Valencia region for 1991, table 2. In nation-wide agreements a substantial advance can be seen for the following: a) Knowledge of risk and especially recognition of rights to training and information. b) Workers' participation through health and safety committees and the creation of specific health committees. c) The introduction of preventative measures, 35% of agreements include concrete preventative measures. d) Negotiation is also being used to widen and improve recognised legal responsibilities. This indicates that it is the greater negotiating capacity amongst unions on a nation wide basis and in large companies, which gives rise to workers' concern for occupational health and the working environment being reflected in the text of the agreements. 139 TABLE TWO TREATMENT OF HEALTH AND ENVIRONMENT IN COLLECTIVE AGREEMENTS. STATE AND VALENCIA REGION 1991.(*) of Agreements State Valencia Aspects dealt with: Knowledge Data records Hazard maps Training in ocupational Health Right to information 5 11 29 41. .8 .8 .5 .0 2.8 2.8 10.6 12.5 Remuneration Danger money 41.0 Participation Health & Safety committee 41.0 Company committee Specific health committee 17.0 Prevention No preventative measures 64.7 Vague general measures 11.8 Concrete measures 3 5.0 Medical checkups 47.0 Compliance with legislation Legally recognised questions 29.5 Wide legal field 35.0 26.0 23 .0 4.8 10.6 82.7 6.7 5.7 49.0 24 .0 2.8 Number of Agreements (*) own work. 17 104 140 Table 3 Employer attitudes to environmental issues. Ideal positions. Eco-reticent: Process of awareness. * very low - nature = storage/rubbish dump - business predator - rejection and negligence of information Technology: * obsolete and polluting technology - conflict between industrial and social ends. The state and EEC: * exclusive responsibility for the environment held by the state - protection against impunity due to lack of state control. Regulations and guidelines. * premeditated disregard - reticence towards auxliting and payment of levies for dumping - non-fulfilment under the threat of closure. Environmental industry. * Unnecessary for company' working as percieved by these businessmen - not considered a genuine concern - domestic operation. Eco-resigned. Process of awareness: * sliight openess - low awareness and acheivement level - pessimistic perception of changes in the improvement of the environment - passive attitude. Technology. * confidence in technology innovation - corrective technology - predominance of productive ends - strong depenence on the exterior The State and EEC. * victimist attitude - complaints due to lack of facilities - request for more subsidies in order to deal with State demands. Regulations and guidelines * begrudging acceptance of environmental costs - fear of rules and regulations - critical of State for not having agreed a moratorium on the fulfilment of European regulations - pessimism about not overstepping the pollution boundaries - fulfilment of regulations puts the financial workings of the company in danger and in many cases it continuation. Environmental Industry * resticted use - introduction in Spain in order to reduce foreign dependency - scarce involvement in initiatives. Eco-receptive Process of awareness: * much discussion - high level of information - search for business initiatives - over optermistic perception of the environment issue - active position although the environment is not included in the busness organisation. Technology. * technology as a solution for the environment - as a means of strengthening business innovation on the theme of the environment - first steps towards technical research and application guided by foreign companies. The State and EEC. * environmental decree between State and companies - recognition of State interest - positive assessment of State contributions (1+ D, global willingness, sanctions) - request for positive action. Regulations and guidelines * inclusion of environmental costs within the company accounts - need for flexibilty within the regulations. Specific attention to cases - worry about costs - recognition of Spanish industry as opposed to European. Optimism in fulfilment. Environmental Industry * use of the services as an ideolgical alibi: make the company image green - environmental reforms disguised as investments initiated by the company - promising sector for new gains. Eco Active. Process of awareness: * inte mal iza tio n of the issue - complex perception of the environmental question - fuision of external and occupational environment - environment another rank of ¿Se business system - committed business. Technology. * concept of prevention - research and development in the application of innovative and non-contaminating technology. The State and EEC. * critical assessment of scarce organisation and framework of a State environmental policy - critique of the lack of infrastructure. Regulations and guidelines * high preoccupation with legislation - inclusion of the environment in the company's code of conduct. Environmental Industry. * complement to required system of non-polluting technology - habitual use of consultancies, technical studies. 141 Methodological notes on tables 1 and 2 The report is limited to occupational health and the working environment taken from a sample of collective agreements using previously published studies (Boix; 1987, Unzeta; 1987) the authors own work which refers to available agreements, valid in 1991 and agreed both at State and Valencian Community levels. Methodological and presentational differences in existing data between the Catalonian study and the remainder have made manipulating the data unavoidable so they are comparable with the others. The meaning of the concepts which appear in tables 1 and 2 is the following: Knowledge of risk data (e.g. levels and types of pollution) and data on the effects on workers' health (e.g. accident statistics and sick leave) is imperative for preventive action. Workers can improve their knowledge by negotiation with employers on the use of certain learning tools such as records on noise levels of different jobs, over successive years or on accidents or illness produced in different fields of work. Hazard maps, this is an Italian methodology for studying and improving work conditions relating to health. They are studies which aim to determine what type of risks exist, where they happen, who they affect etc. and what relation they have with the dangers to health observed. In this way, it is possible to evaluate their relative importance and design a priority plan for preventive intervention. Risk monetarisation implies the possibility of exchanging health and safety for money, accepting bonuses for dangerous work conditions. Summary: Collective agreements on environmental issues are practically non-existent and in health and safety there has been only a slight improvement compared to previous years. This relative incapacity on the part of unions to empower preventative activities in health and environmental issues in companies, using collective agreements has social, political and cultural causes. The above is documented with data taken from surveys conducted on employers and employees and based on the analysis of collective agreements signed in recent years. 142 4. POLICY STATEMENTS, CAMPAIGNS AND DEMANDS BY UNIONS AND EMPLOYERS 4.1 Introduction For some years, employers' organisations have been putting together the rudiments of an environmental argument. For the most part, it is still a general, unspecific argument, which has emerged as a response to external pressures and conditions. This has likewise occurred within the main trades unions. In both cases, the argument seems to be maturing and acquiring more complexity and depth since 1990. However whenever the environment is discussed, employers and employees are mutually ignorant of each other. The environment only marginally emerges as an issue in industrial relations. Employers aim their arguments at the state administration, at other employers and at consumers. It is exceptional for them to consider that workers and their unions could intervene in this type of issue. Trades' unions in turn, direct their criticisms towards the state administration and, although the blame for the state of the environment is often placed on employers, it is very rare that this type of general grievance leads to concrete initiatives against ecological dangers or pollution generated by one particular company or another. Only very recently have environmental approaches in trades union initiatives appeared concerning collective agreements and tripartite negotiations between the government, employers' organisations and trades unions. 4.2 Employers' organisations. Although there have been statements, study delegations and so on during the 1980's, employers' concerns on environmental issues are recent. The most significant documents date from 1992. Beforehand the greatest concern was the high cost of adapting Spanish industry. The Spanish Industry Summit, held in January 1990 in Zaragoza, with the participation of the CEOE (Spanish Confederation of Business Organisations) and the CEPYME (Spanish Confederation of Small and Medium-sized Businesses), calculated the investments needed to be more than one billion, three hundred thousand million pesetas. A CEV document (Valencian Business Confederation) from June 1990 maintained that "the new (environmental) legislation compels industry to adapt, the cost' of which, on a national level, is estimated at two billion pesetas. The PITMA (Technological and Industrial Environment Plan) from the Industry Ministry, calculates the above investment cost to be 1.2 billion pesetas. According to estimates made public in 1992 by the CEOE, the above investment corresponds to 6.5% of annual earnings of the sector involved. Thirty nine per cent of this amount corresponds to the chemical sector, 31% to the energy sector, 9% to the car industry and the rest to other 143 sectors. Nearly 3 6% of this investment will have to be made in water treatment, 18% in emission treatment, 15.5% in fuel reduction processes, 11% in dust arrestment, 9% in the development of catalytic converters and the remainder to other activities. Confirmation of these costs, in company statements, is usually accompanied by a claim for economic help (direct subsidies, financial exemptions, etc.) directed at central and autonomous management. The Zaragoza summit (considered tc be highly significant in this area, according to a paper written by the CEOE Environmental Commission's Secretary, Rafael Luengo), demanded the Government provide environmental management with "adequate budgetary resources" in order to "establish every kind of environmental economic support", by means of agreements, either directly with large companies at national level, or with territorial or sectoral business organisations. The CEV document cited that "only with determined participation and financial support from the state, whose responsibilty is unquestionable, can the adjustment be brought about without endangering the viability and very existence of Valencian businesses". Up until a short time ago, the Government and business organisations had agreed to delay both the adaptation of Spanish environmental legislation to conform with European Community (EC) legislation and their effective and practical application, in the hope that the delay would bring about a marginal competitive advantage for a time. Whilst this delay becomes politically untenable, business organisations increase the pressure on the Government to assume the greater part of investments and costs necessary for the change. This is fundamentally a question posed in the area of relations between employers and the Government, and not between employers and the unions. However, governmental sources have pointed out the convenience of including this item in three-way negotiations focusing on conciliation. The PSOE (Spanish Socialist Party) paper known as Programa 2000 says "...all the processes described, both the high amount of investment needed to overcome environmental damage and the social importance this issue has in our country, force us .to recognise the deterioration of the environment as a state problem. As such, it will only be resolved within the framework of a wide political debate and social accord which involves the whole of Spanish society. In conciliation processes, therefore, it is necessary for this issue to be considered along with its economic implications as a priority problem". Besides economic help, other claims directed at the State by employers' organisations represented in Zaragoza are the following: a) although not explicitly, the creation of an Environment Ministry is demanded, by considering necessary "management unity through a medium with an administrative 144 range similar to that which exists in other EC countries, capable of integrating environmental policy with state, economy, and social policy as is advocated in the EC's Fourth Programme for Environmental Action and the Acta Unica Europea" (Single European Act); b) the state create infrastructures to clean up rubbish dumps and industrial waste treatment plants, "since competition could become distorted if Spanish industries are subject to the same regulations without the means necessary to comply with them"; c) the state create a pollution control network capable of determining the exact amount of harmful emissions and of establishing a data base for mandatory environmental studies; d) participation in the initiative established by the emerging "non-polluting industry" sector, defending the existence of companies which include sanitation and industrial waste treatment, along with collaboration between public and private sectors in developing byproduct exchanges and re-cycling plants and e) policy and a legislative framework which empowers the development of the generation of heat from the burning of industrial waste to produce electricity and favours natural gas consumption. As regards the internal business arena, the guidelines outlined out in the Zaragoza summit were mainly: To include environmental management in general management duties (along with production, commercial and financial duties). It is proposed that a specific managerial post in charge of environmental matters be created in large firms with advisory committees for smaller companies. To carry out specific environmental audits, oriented towards improving the company's image, increasing its productivity and improving staff training. To establish an "innovation triangle" in companies, involving executives responsible for the environment, technical planning and marketing. The conclusions of the 1990 summit and other employers' organisation papers which have been analysed, the environmental problem appears to be a factor on one hand of state relations, and on the other, although very rarely, as a factor of worker and union relations. This goes some way to explaining the scarce presence of questions concerning the external environment in collective agreements, as has previously been indicated in this report. So, if in collective agreements, external environmental problems are notable by their absence, in generally termed "green" declarations, exactly the opposite occurs. The bridge between external and internal is seldom crossed, not even when the crossing point is obvious: handling of dangerous substances, noise levels etc. Things like this do not appear to be "environmental problems" in business theory. 145 4.2.1. Chamber of Commerce Initiatives. The Chamber of Commerce and Industry (a traditional institution providing services for and co-ordination between employers) has developed a series of initiatives on the theme we are dealing with. They offer consultations to companies by means of expert committees who work for the Chamber. These offices possess a data base on State, Autonomous and Community regulations, they facilitate information about different subsidies and grants, carry out environmental studies, organise meetings and conferences and so on. One of the most relevant activities has been the development of the so-called Plan Cameral (Chamber Plan) covering: educational policy, training, help and advice to the PYME, state-chamber of commerce working groups, data bank, byproduct exchange and dissemination and adoption of initial guidelines on environment for industry. In educational policy two activity channels are proposed. On the danger of certain products and production techniques, and close collaboration with the State to negotiate of financial support and an adjustment period to new needs in environmental matters. The training stage is mainly centred on disseminating activities aimed at training environmental experts, establishing alternative technology for each industrial sector and encouraging the inclusion of environmental specialisation as a University discipline. It is expected that this training programme will be carried out in collaboration with the state and the universities. As far as advice and help for small and medium-sized businesses (PYME) is concerned two aspects can be distinguished, one of a legislative nature including offering advice to companies on matters of environmental regulations, and another financial aspect informing company executives on matters of subsidies and credit that allow development of new investments. State collaboration can be found specifically in the Plan Cameral, which proposes a working group consisting of two representatives designated by the high chamber council and others, and two representatives from the Public Works and Town Planning Ministry. The working group would be responsible for developing regulations, finding out the costs of new investments into "clean" technology, creating funds to deal with EC legislation and developing a follow-up to the adaptation of different industrial sectors to EC legislation. The previously cited stages will be preceded by the establishment of a data bank on financial and legislative matters, allowing the private sector to -find the level of investment in environmental control, the cost involved and information on new technology. Such information will be