2 Booklet
2 Booklet
PROMOTING BOOKLET 2
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TA B L E O F C O N T E N T S
2 . 2 . H O W TO U S E T H E R E S O U R C E K I T 8
ANNEX
S O M E B A S I C C O N C E P T S R E L AT I N G TO G E N D E R E Q U A L I T Y 29
5
v to assist and enhance the efforts of trade unions to promote gender equality
and protect vulnerable women workers; and
v to improve the understanding and appreciation of the role of trade unions.
The main target audience is trade unionists, especially officials, both women and
men. But it is hoped that the information will also be of interest and use to all
trade union members and to individual workers who are currently not organized.
The resource kit is also more broadly addressed to those concerned with the
elimination of discrimination or interested in the role of unions and the potential
for collaboration or joint action with unions including non-governmental
organizations and other civil groups (importantly, womens organizations and
women activists), government agencies, employers and employers organizations,
research and academic institutions and the media.
Booklets 1 to 6 cover different areas of trade union activities and interactions for
the promotion of gender equality and the protection of vulnerable workers. There
are, necessarily, some areas of overlap or repetition in the different booklets.
Where issues are dealt with in more than one section or booklet, cross-references
are provided.
1
International Labour Office. 2001. The Role of Trade Unions in Promoting Gender Equality Report of the ILO-ICFTU Survey.
Geneva: ILO Gender Promotion Programme.
BOOKLET 2 PROMOTING GENDER EQUALITY AIMS AND STRUCTURE OF THE RESOURCE KIT
THROUGH COLLECTIVE BARGAINING
6
v highlight the issues and concerns relating to the promotion of gender equal-
ity and the protection of vulnerable workers, so as to stimulate and inform the
thinking of trade unions and other social actors, identify the tasks and challenges
facing trade unions and present the case why their role is critical;
v present guidelines and practical tools for action. The how to information is
especially addressed to trade unions and is presented in various forms: as ideas,
issues, checklists, guidelines, examples of what might be possible or effective,
international instruments, etc. But the information is not intended to represent
best practices or even necessarily good practices that should be adopted in all
situations or be used in any definitive manner.
v indicate the scope for, and the advantages of, cooperation and collabora-
tion between trade unions and employers organizations, governmental and non-
governmental organizations and other groups in civil society.
BOOKLET 2 PROMOTING GENDER EQUALITY
THROUGH COLLECTIVE BARGAINING
8
2 . 2 . H O W TO U S E T H E R E S O U R C E K I T
It is very important to emphasize that the booklets do not form a modular train-
ing package. They are not intended to be used in total for any step-by-step, how-
to-do training programme. Rather, the various booklets are intended to serve as an
information resource to be used flexibly by a range of users.
Institutional or individual users can select particular booklets and topics and uti-
lize or adapt the materials according to their specific needs and contexts. The
resource kit can serve for:
The Kit has also been incorporated into an Information Base on Equal
Employment Opportunities for Women and Men available on CD-ROM and
Internet website: http://www.ilo.org/genprom/eeo
9
In many countries, the key means of action promoting gender equality in the
world of work is through collective bargaining as a process of negotiation
between workers representatives and employers. This process may result in a col-
lective agreement which outlines the terms and conditions of employment or any
other matter of mutual interest to the workers and employer.
The role of trade unions in promoting gender equality through collective bargain-
ing is especially important in the context of the current inadequacies of equality
legislation and its enforcement in many countries3. The role of trade unions is
acknowledged in the Platform for Action of the Fourth World Conference on
Women (Beijing, September 1995, paragraph 178h, p.106), which calls on gov-
ernments and all social actors to recognize collective bargaining as a right and an
important mechanism for the promotion of gender equality. This role is reaf-
firmed in both the Beijing+5 and the Copenhagen+5 final outcome documents
[ b Introduction Booklet].
2
Canadian Labour Congress, 1998. CLC-Women Bargaining for Equality CLC Womens Symposium November 1-3, 1998.
See CLC Website: http://clc.ctc.ca/woman/bargain.html
3
In Canada, for instance, a greater part of the collective bargaining agenda of unions seeks to strengthen and, wherever possible,
expand upon legislative protections and norms of equality.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
10
v Women are accounting for a growing proportion of the workforce, and unions
should represent and defend the rights of all workers;
v Stereotypes and misconceptions persist about the role and contributions of women
workers;
v The elimination of discrimination with respect to employment and occupation and
equal pay for work of equal value are basic workers rights - and are therefore union
issues;
v Collective bargaining is a critical means of improving the terms and conditions of
employment and safe and healthy work environments for both women and men;
v Gender equality and womens issues have traditionally been neglected in collective
bargaining;
v Womens concerns may be inadequately covered by labour legislation or inade-
quately enforced;
v Where there is equal employment opportunity legislation, unions can help to ensure
that it is effectively implemented and monitored;
v Bargaining equality measures means that resolution for complaints can be accessed
through the grievance procedure, a quicker and less costly process;
v Action on behalf of women workers would demonstrate the commitment of unions,
and encourage women to join unions;
v Promoting gender equality through collective bargaining would show that unions
are keeping up with the times and adapting and adjusting their goals and strategies
to social concerns and the changing needs of workers.
Collective bargaining can take place at different levels, from the individual work-
place level to the company, sectoral or industry, national or international level. For
example, where collective bargaining is centralized at the national or sectoral level,
minimum standards relating to the promotion of gender equality could be estab-
lished that cover a wide range of workers. But before embarking on collective bar-
gaining for the promotion of gender equality at the national level, unions should
be aware of and take into account other forms of social agreements that have been
developed and adopted with the direct participation of union representatives.
For example, there could be national tripartite agreements on the promotion of
gender equality; such agreements in some cases can have a similar impact to
national law and cover all workers in a country.
At the sectoral level, it should be noted that many International Trade Secretariats
(ITSs) have negotiated framework agreements with multinational companies con-
cerning the international operations of the company. Such framework agreements
are often based on ILO standards, including standards relating to the promotion
of gender equality. The international nature of these framework agreements means
that international trade unions must cooperate and have the capacity to effectively
engage multinational companies in negotiations at the international level
[ b Booklets 3 and 6].
11 GENDER EQUALITY BARGAINING
At the company level, some companies have unilaterally adopted codes of con-
duct, often in response to negative publicity generated by reports of poor,
exploitative or dangerous working conditions [ b Booklet 6]. These codes could
be used by companies to avoid dealing with trade unions. In such cases, national
or local trade unions should not accept the codes where they could otherwise
negotiate collective agreements for the workers they represent.4
Therefore, before beginning any bargaining process, trade unions should analyse
the particular context where the bargaining is to take place so as to be able to
articulate appropriate action and to be more effective in achieving desired results.
For example, unions should not forget that agreements at company, national or
international levels that cover gender issues can have considerable impact in terms
of establishing minimum standards. Unions negotiating at the individual work-
place or local level should then seek to improve on these minimum standards.
Article 4
Measures appropriate to national conditions shall be taken, where necessary, to
encourage and promote the full development and utilisation of machinery for vol-
untary negotiation between employers or employers organisations and workers
organisations, with a view to the regulation of terms and conditions of employ-
ment by means of collective agreements.
Article 2
For the purpose of this Convention the term collective bargaining extends to all
negotiations which take place between an employer, a group of employers or one
or more employers organizations, on the one hand, and one or more workers
organizations, on the other, for
(1) determining working conditions and terms of employment; and/or
(2) regulating relations between employers and workers; and/or
(3) regulating relations between employers or their organizations and a workers
organization or workers organizations.
4
See N. Kearney and D.W. Justice, The new codes of conduct some questions and answers for trade unionists,
http://www2.icftu.org.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
12
y The negotiations (the gender issues that could be raised at the bargaining table are
discussed in Booklet 3); and
5
Kumar, P. 1993. Collective bargaining and womens workplace concerns. In L. Briskin and P. McDermott (eds.), Women Challenging
Unions. Toronto: University of Toronto Press. p.224.
13
y Ensure the active participation of women, seek their views and make sure their
voices are heard;
y Promote awareness and appreciation of gender issues among the union member-
ship and also among employers;
y Select the negotiating team;
y Develop the gender equality bargaining agenda;
y Be well prepared for negotiations: gather all relevant facts, draft the agenda for
bargaining, develop a clear strategy.
y Ensure the active participation of women, seek their views and make sure
their voices are heard
As with preparation for any collective bargaining negotiation, the union must
identify its constituents and their interests. First and foremost, this requires the
involvement of informed, educated and active members. Without the significant
involvement of women it is likely that unions will lack much of the information
necessary or the motivation to persuade employers to provide fair working condi-
tions for women and for all workers with family responsibilities.
6
See, for example, Bercusson, B. and L. Dickens. 1998. Equal Opportunities and Collective Bargaining in Europe Defining the Issues.
Dublin: European Foundation for the Improvement of Living and Working Conditions.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
14 P R E PA R I N G F O R N E G O T I AT I O N S
Womens concerns about work are often inseparable from their domestic lives. But
they may not be aware of how to translate their day-to-day problems or difficulties
on the job or in combining work and family responsibilities into remedial action
that can be taken by their union. Unions must therefore educate their women
members in order that they fully understand the role of unions in their lives and
how practically they can get their concerns into the collective bargaining agenda.
To identify what womens constraints, needs and priorities are, both male and
female union representatives must ask questions of them and listen attentively to
their answers. Traditional union methods to ask members for their views may not
always get results with women members. Unions should, therefore, be innovative
in seeking the views of women. In preparing for negotiations, unions ought to:
Checklist:
x Recruit women members and promote their active participation in all union
structures and activities;
x Ensure that all workers, especially women workers, understand and are able to
make their concerns known to union representatives;
x Educate members so that they are able to recognize different forms of discrimina-
tion that may be occurring in the workplace;
x Widely publicize upcoming negotiations, for example, through sending out circu-
lars to all workers, and provide ample time for workers to submit their views and
demands;
x Conduct research: Fund the womens unit or equality unit to enable it to research
womens concerns, such as tracking promotions by sex, cataloguing sexual dis-
crimination cases, etc.;
x Send out simple questionnaires to all workers, and allow them to fill out the ques-
tionnaire in the language of their choice;
x Obtain information on what is happening at the various levels of social dialogue;
x Examine what happened in earlier negotiations;
x Hold consultation on issues for collective bargaining and, if draft policy available,
circulate among all workers for comments and suggestions;
x Provide specific opportunities for women workers to make their voices heard:
x Devise innovative ways of obtaining the views of those who are absent or silent at
meetings, for example:
v get women shop stewards and those close to the women workers to explain to
them the collective bargaining process and to determine their views;
v hold special women-only meetings, forums, study groups to give women who
are less self-confident opportunities to express their views.
15 GENDER EQUALITY BARGAINING
P R E PA R I N G F O R N E G O T I AT I O N S
At its 82nd. Meeting, the ICFTU Womens Committee was of the firm opinion
that if the Millennium Review was to have real meaning and relevance, it was
important that voices at the grassroots be heard. Towards this end, the Committee
decided to conduct a survey similar to the AFL-CIOs Ask A Working Woman
Survey. Although a pilot exercise, by February 2001 13,572 women had respond-
ed, of whom some 27.1 per cent were non-unionized The regional distribution
was as follows: Africa: 15.7 per cent, Americas 18.0 per cent, Asia/Pacific 19.6 per
cent, Central and Eastern Europe 26.7 per cent, other Europe 20.1 per cent. Each
respondent was asked to check 3 out of 15 issues of priority to them. Their list of
priorities is indicated below:
When asked whether unions were addressing these issues, the responses were:
Frequently 35.0 per cent
Occasionally 34.1
All the time 14.5
Rarely 13.3
Never 3.0
The most important reasons given by non-unionized women for not joining
unions were:
1. Do not understand how union can help me 71.7 per cent
2. Have no time because of family responsibilities 58.4
3. No one has approached me 57.6
4. Negative image of union 50.8
5. Union not sensitive to my needs 42.4
6. Union male dominated 38.0
These survey findings were mainly confirmed by the AFL-CIO surveys and the responses received
on the ICFTU website.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
16 P R E PA R I N G F O R N E G O T I AT I O N S
Success at gender collective bargaining hinges greatly on the mutual support and
activism of both women and men. All workers, female and male, must be aware of
why they should have a stake in bettering the lot of women workers. They must
understand the language and meaning of the gender equality agenda for bargain-
ing and what it means to them. It is therefore important that there is a strong edu-
cational component and advocacy materials to accompany the key bargaining
proposals to help build support among the rank and file members. It is also
important to promote gender awareness of employers.
Guidelines:
x Ensure that union education and training materials incorporate gender issues:
The Unio Geral de Trabalhadores of Portugal (UGT-P) has held meetings and
seminars for male and female trade unionists on a wide range of issues including
new forms of work organization, social protection and womens rights. As a mem-
ber of the Equality Observatory, the UGT has applied the principle of main-
streaming to the analysis of collective agreements, with a view to raising awareness
among negotiators on both sides, and encouraging innovative measures to pro-
mote equal opportunities.
Choosing the best negotiating team is critical to ensuring success at the negotiat-
ing table. The people on the team should reflect union membership and the needs
and interests of the membership. Team members should be good negotiators, with
clear ideas of the interests of the workers. Strong and articulate women will always
make an invaluable contribution in any negotiating team. Every organization has
such women.
Many unions have adopted a specific policy of including women on the negotiat-
ing team: by establishing percentage or numerical quotas or by stipulating that
certain office bearers (notably the head of the equality/womens committee,
department or unit or a female executive member) on the negotiation team. Such
17 GENDER EQUALITY BARGAINING
P R E PA R I N G F O R N E G O T I AT I O N S
a policy of ensuring that women are always represented on the team is more effec-
tive and equitable than one of including women only when there are issues to be
raised in collective bargaining that are deemed to be of particular concern to
women.
However, without properly educating the female representatives about the negoti-
ating process and negotiation techniques, their presence on the teams becomes an
act of tokenism. Unions must provide education and training for women dele-
gates in negotiation techniques and the preparation and review of negotiation
documents. Such education and training should convince the women that raising
gender issues in collective bargaining is valid and important and also equip them
with the information and arguments they need to be able to successfully raise gen-
der issues in negotiations.
Guidelines:
x Adopt a policy of including women on the negotiation team, so that they can play
a key role in formulating demands and examining proposed clauses of the collec-
tive agreement for discrimination:
Remember:
Women are used to negotiating and balancing the tight demands of family and
work;
Many people with disabilities, minorities, gays and lesbians are used to working
as activists, fighting for their rights and could make good negotiators, used to not
taking no for an answer;
c Do not only include women on the negotiation team when there are issues
deemed to concern women;
x Ensure that male members of the negotiating team are also sensitive to gender
equality concerns:
Remember:
It could be highly effective to have a male negotiator present the case for a gender
equality or womens issue.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
18 P R E PA R I N G F O R N E G O T I AT I O N S
Union members will prioritize all union proposals, including gender equality pro-
posals, for collective bargaining. At this time, it will be necessary to ensure that
gender demands are not subsumed under more general, but no doubt important,
union demands. They must remember that women are often more than half the
workforce with equal rights to have their issues on the collective bargaining agen-
da and, from this perspective, should not be treated as a special group with special
demands. The negotiating team will carry out the priorities determined by the
union members.
Sometimes, getting an item on the collective bargaining agenda may be more dif-
ficult than bargaining with the employer. The negotiating team members often
have to juggle competing demands by different groups of workers, and are com-
pelled to make difficult decisions. Female members of the union can use the same
compelling arguments with the negotiating team as they expect the negotiating
team to use with employers. Also, the presence of strong, vocal women on the
negotiating team would help ensure that womens issues are not sidelined.
Likewise, if women members know that their women representatives are looking
out for their concerns they are more likely to trust the team to represent ade-
quately their interests and accept the final collective agreement package.
The draft collective agreement should be circulated to all members for their
approval and support. It is important to educate and inform all members of what
the provisions for gender equality or womens concerns are and what these imply.
Women members might have to lobby for the acceptance of these provisions.
19 GENDER EQUALITY BARGAINING
P R E PA R I N G F O R N E G O T I AT I O N S
Checklist:
x Do their homework, in particular gather all the facts and statistics on the rela-
tive position of women and men in the workplace. For example, if unions are to
negotiate for equal pay, then they must have all the figures on the number of
workers in different job categories and the pay differential between women and
men. They should also collect information from other unions, workplaces, etc. for
comparisons to substantiate their claims;
x Ensure that the overall bargaining strategy includes alliance building with equali-
ty seeking groups [ b Booklet 6];
x Make use of national and international information networks to gather and
exchange information to prepare negotiating positions. Make use of information
communications technology, including the growing number of Internet Websites.
For example, b :
http://www.clc-ctc.ca/woman/bargaining6
http://www.aflcio.org/women/exec99.htm
http://www2.icftu.org/english/equality
http://laborproject.berkeley.edu
x Be well versed with the existing gender equality provisions and women workers
rights under current government legislation, company policies and regulations,
existing contracts, work rules, collective agreements, etc.:
x Determine how collective bargaining can be used to ensure that existing rights are
extended or secured. With reference to a number of areas of gender equality, a
countrys legislation may already provide particular rights, but these may not be
applied or enforced. Unions should therefore consider how they could repeat the
terms of the legislation in the collective agreements so as to help ensure more
effective and accessible enforcement;
x Have arguments to show employers and union members that promoting gender
equality is not only the right thing but also the smart thing to do. The benefits of
gender equality provisions in the collective agreement should be clearly explained,
not merely in monetary terms, but also with regard to such organizational factors
as [ b also box below]:
v a progressive and positive image for the company;
v more efficient use of human resources;
v increased productivity;
v higher staff morale and loyalty to the company;
v lower staff turnover;
v less absenteeism, etc.
x Identify and prioritize the demands to be submitted for negotiation. This may
require an assessment of the relative costs and benefits of particular demands or
collective agreement clauses. Unions may find this a useful exercise since it is more
likely that an employer can be convinced to accept a proposal if it can be shown
that a certain benefit is relatively cheap compared to the large tangible organiza-
tional benefits that it may bring, such as increased productivity.
Remember:
In difficult economic times, unions may decide to give higher priority to non-wage,
low-cost equality benefits. They may decide to push for a general equal opportuni-
ties clause, non-discrimination against workers with family responsibilities in par-
ticular in respect of promotion or advancement or for paternity leave which
would have no or little cost implications or affect a small percentage of workers,
while substantially enhancing the image of the company.
21 GENDER EQUALITY BARGAINING
P R E PA R I N G F O R N E G O T I AT I O N S
v flexible working time, family leave arrangements and other family friendly policies
can reduce absenteeism and even staff turnover;
v provisions for safe work environments benefit both male and female workers,
ensure a healthy and productive workforce and may reduce the costs of health
insurance premiums as well as legal liability for accidents;
v gender equality and non-discrimination provisions would enhance the positive and
progressive image of the company more and more companies today are proud to
be able to label themselves equal opportunity employers;
v in todays global economy where consumers are more aware and sensitive to the
labour conditions in which their products are produced, a companys public image
would be enhanced by demonstrating a commitment to gender equality and work-
place ethics.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
22
Changes at work which matter to women will only happen if the union
accepts womens priorities and does not drop them when discussing the
overall collective agreement.7
The active support of the male leadership is also critical for establishing the legiti-
macy of the women negotiators. When entering a bargaining scenario, each nego-
tiator, male and female, should be introduced to the management as equally
qualified representatives of the union.
In the course of bargaining, it must be ensured that women negotiators are given
an equal opportunity to speak and contribute to the proceedings. If a situation
transpires in which this does not occur, female representatives should be directly
asked for their views and encouraged to contribute their perspectives. When
female negotiators do present a gender issue for bargaining, other male represen-
tatives should express their complete support for the demand. A divided bargain-
ing team is a weak bargaining team. It would be even more impressive if the male
representatives could be the ones to raise the gender equality demands and this
can very easily happen if all members have been well gender sensitized.
7
IFBWW. 1997. Bargaining for Equality. Education Materials for Women at the Workplace. Geneva IFBWW. p. 20.
23 GENDER EQUALITY BARGAINING
AT T H E N E G O T I AT I O N TA B L E
Guidelines:
To effectively include gender issues in collective bargaining, unions should:
x Promote the active participation of women on the negotiation teams;
x Establish the legitimacy of the female negotiators and strengthen their voice at the
bargaining table by ensuring that:
v they have been properly trained not only in negotiation techniques and proce-
dures but also in gender equality issues;
v they have been able through surveys, meetings, dialogue sessions, etc. to
gather evidence of the concerns of the members and their support for gender
issues;
v they have access to solidarity networks for exchanging information and data
and gathering support;
v the support of the male leadership is evident to the female negotiators, the
management and the rank and file membership;
x Ensure that each negotiator, male and female, has equal status as a qualified repre-
sentative at the bargaining table;
x Ensure that female negotiators are given ample opportunities to present their
demands and make their views heard at the bargaining table;
x Ensure that any gender equality demand presented is fully supported by all
members, male and female, of the negotiating team.
Remember:
Divide and conquer is one of the oldest battle tactics. Do not fall for it;
Promoting gender equality in employment does not end once the collective agree-
ment is signed. Following up the collective bargaining process is essential, other-
wise the gains for women workers might exist on paper only.
Firstly, unions and companies must ensure that employees rights and privileges
under the new agreement are widely publicized. Including gender issues in collec-
tive bargaining produces little change if workers are not aware. Such victories at
the bargaining table may also be used by unions to further publicize their com-
mitment to promoting the interests of their whole constituency, male and female.
Additionally, they may be used by union organizers as a way of attracting new
members.
It is essential to ensure that there are mechanisms for achieving and monitoring
implementation of the agreement and for collecting and disseminating informa-
tion on the impact and outcomes of the agreement in practice. Monitoring may
be conducted through independent ad-hoc committees, joint ad-hoc committees,
as a function of permanent equal opportunity committees, as a function of union
womens committees, etc. Affiliated unions should report to the national centre
on progress on equality bargaining. Unions are also recognizing the benefits of
joint partnerships with other local human rights and non-governmental organiza-
tions in helping to monitor workplace practices based on collective agreements or
self-stated corporate codes of conduct [ b Booklet 6].
The observations and statistics gathered from such monitoring committees could
be used to analyse what workplace provisions need to be reviewed and revised to
increase their effectiveness, as well as to identify the issues that may be of priority
in the next round of negotiations.
A critical aspect is the setting up of a dispute resolution procedure which has the
adequate resources and capacity to justly and efficiently address any breach of the
collective agreement. The dispute resolution procedure (which may include
conciliation, arbitration, reference to labour court, etc.) must be able to deal with
sensitive issues such as sexual harassment, discrimination, denials of family leave,
unfair dismissals, etc. As such, formal statements ensuring the highest degree of
confidentiality possible for the complainant is necessary. Without such assurances,
many employees, especially women, making claims on gender provisions might be
dissuaded from bringing their claims forward for fear of workplace isolation,
ridicule, reprisals, etc. When informing employees of their rights under the collec-
tive agreement, they should simultaneously be informed of the proper methods of
handling grievances and be assured that confidentiality will be a top priority.
25 GENDER EQUALITY BARGAINING
F O L L O W - U P A F T E R T H E N E G O T I AT I O N
Guidelines:
x Make sure the negotiated policies, rights and benefits are communicated to all
workers on a regular basis (including those with non-permanent or atypical sta-
tus). Such information dissemination should be through various methods: posted
at the workplace, made available in lay language through the newsletters, semi-
nars, lunchtime meetings, role play, etc.;
x Establish methods for regularly monitoring the proper implementation and the
overall effects of the collectively bargained policies, rights and benefits. Ad-hoc
monitoring/research committees, which include female union members could
effectively work toward this end;
x Establish grievance procedures to deal with any abrogation of the workplace
contract, discrimination or sexual harassment;
x Inform all workers of the proper methods of handling grievances and assure them
that their complaints will be treated confidentially and fairly;
x Increase the presence of women in the collective bargaining process through pro-
moting their participation on monitoring committees and grievance boards. In
addition, the presence of women may make it easier to bring claims related to dis-
crimination or sexual harassment to the attention of the union and the company;
x Regularly gather statistics. Keep a close eye on the number of women and men
who are hired, promoted and dismissed, as well as the numbers in all job cate-
gories, salary levels and human resource development programmes. Keep a special
eye on equal pay provisions by collecting wage data;
x Always think ahead. Evaluate what workplace provisions need to be improved or
reviewed to improve their effectiveness. Such issues could be introduced during
the next round of collective bargaining;
x Publicize the work done by the union on behalf of women as an organizing
strategy. It is important for unions to publicize their new bargaining objectives
and the strategies they have used or intend to use to achieve them.
BOOKLET 2 PROMOTING GENDER EQUALITY GENDER EQUALITY BARGAINING
THROUGH COLLECTIVE BARGAINING
26 F O L L O W - U P A F T E R T H E N E G O T I AT I O N
Belgium:
there is an obligation to submit an annual report on equality measures to the
Enterprise Council;
France:
reporting to a Superior Council of Professional Equality;
Finland:
the Central Organisation of Finnish Trade Unions (SAK), together with the other
social partners, makes a joint report on the impact of the equality policy;
Ghana:
the Ghana Trade Union Congress (GTUC) collects all collective bargaining agree-
ments from national unions to study them and provide advice and also obtains
verbal feedback from women members during quarterly meetings;
Israel:
Histadrut conducts regular visits to workplaces to check implementation and to
distribute information so that all negotiated policies, rights and benefits are com-
municated to all workers;
Kenya:
the Womens Affairs Coordinator of the Kenya Railway Workers Union monitors
and reports to the Secretary-General on implementation of the collective agree-
ment provisions;
Italy:
the Office of Equal Opportunities of CGIL monitors progress in equality by fol-
lowing a mainstreaming policy of collecting information, informing and coordi-
nating with other departments, unions, womens associations, etc.
Honduras:
An independent monitoring team, composed of several local human rights groups,
monitors working conditions in a clothing factory. The monitoring agreement was
the product of negotiations after workers were unsuccessful in organizing. The
agreement allows for unannounced factory visits by the monitoring team, which
also holds monthly meetings with management and worker representatives;
NACTU:
Requires affiliates to provide quarterly progress reports on equality bargaining and
implementation.
27 GENDER EQUALITY BARGAINING
F O L L O W - U P A F T E R T H E N E G O T I AT I O N
Research has identified a number of factors that are likely to encourage or discour-
age gender equality bargaining:
Source: Bercusson, B. and L. Dickens. 1998. Equal Opportunities and Collective Bargaining in
Europe Defining the Issues. Dublin: European Foundation for the Improvement of Living and
Working Conditions, p.40.
BOOKLET 2 PROMOTING GENDER EQUALITY
THROUGH COLLECTIVE BARGAINING
28
Bercusson, B. and L. Dickens. 1998. Equal Opportunities and Collective Bargaining in Europe
Defining the Issues. Dublin: European Foundation for the Improvement of Living and Working
Conditions.
Canadian Labour Congress, 1998. CLC-Women Bargaining for Equality CLC Womens
Symposium November 1-3, 1998.
Colling, T. and L. Dickens. 1989. Equality Bargaining: Why Not. London: HMSO.
Kumar, P. 1993. Collective bargaining and womens workplace concerns. In Briskin, L. and P.
McDermott (eds.), Women Challenging Unions. Toronto: University of Toronto Press.
International Confederation of Free Trade Unions.1996. The Global Market Trade Unionisms
Greatest Challenge. Brussels: ICFTU.
International Federation of Building and Wood Workers. 1997. Bargaining for Equality. Education
Materials for Women at the Workplace. Geneva: IFBWW.
International Labour Office Gender Promotion Programme. 2000. More and Better Jobs for Women
and Men. Geneva: ILO GENPROM.
Olney, S., E.Goodson, K. Maloba-Caines and F.ONeill. 1998. Gender Equality: a Guide to
Collective Bargaining. Geneva: ILO.
Websites:
http://www.clc-ctc.ca/woman/bargaining6
http://www.aflcio.org/women/exec99.htm
http://www2.icftu.org/english/equality
http://laborproject.berkeley.edu
http://www.tuc.org.uk
29
ANNEX
S O M E B A S I C C O N C E P T S R E L AT I N G TO G E N D E R E Q U A L I T Y
Gender: refers to the socially determined differences between women and men such
as roles, attitudes, behaviours and values.
Sex: identifies the biological differences between women and men. While sex is
genetically determined, gender roles are learned, vary widely within and between
cultures, and are thus amenable to change over time.
Sameness or difference: Gender equality does not mean same treatment. If gen-
der equality is seen as requiring men and women to be treated the same, this may
lead to women being offered equality only on male terms (eg. only if they can con-
form to male-centred norms or requirements) and may reinforce the notion that
difference = disadvantage. It is also important to address changes in male-gendered
(but often taken as neutral) organizational and occupational structures, practices,
cultures, norms, value systems, etc. Such changes may require women-friendly
provisions to help women adapt to, or get on within structures as they currently are,
or, alternatively, call for changes in those structures, cultures, etc. to accommodate
women.
Gender analysis
The systematic effort to identify and understand the roles and needs of women and
men in a given socio-economic context. To carry out gender analysis, it is necessary
to collect statistics by sex, identify gender differentials in the division of labour and
the access to and control over resources, identify the practical and strategic gender
needs of women and men, identify the constraints and opportunities facing women
and men and assess the institutional capacities to promote gender equality.
Gender planning
Gender planning consists of developing and implementing specific measures and
organizational arrangements for the promotion of gender equality, identifying how
to incorporate gender concerns into mainstream activities and ensuring that ade-
quate resources are earmarked.
Gender mainstreaming
A strategy for making the concerns and experiences of women as well as of men an
integral part of the design, implementation, monitoring and evaluation of policies
and programmes in all political, economic and societal spheres and at all levels, so
that women and men benefit equally and inequality is not perpetuated. The ulti-
mate goal of mainstreaming is to achieve gender equality.
To ensure that their policies and programmes are gender-sensitive and responsive,
unions may wish to conduct gender analysis by:
3. Gathering information:
v what types of gender-specific data are available? Is there information on other des-
ignated equity groups of workers?
v how is the union enabling women to express their needs and concerns?
v how will the research you consult or conduct address the differential experiences of
gender and diversity?
5. Making recommendations:
v in what ways is gender equality a significant element in weighing and deciding
upon options?
v how can the policy be implemented in an equitable manner?
Adapted from: Status of Women Canada, Gender-based analysis: a guide for policy making.
Website: http ://www.swc-cfc.gc.ca/
ISBN 92-2-112754-0