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AIAS Paper Series on the Labour Market and Industrial Relations in the Netherlands

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Page 1: AIAS Paper Series on the Labour Market and …archive.uva-aias.net/uploaded_files/publications/AIASWP...Canadian Helicopter Cooperation). This CLA - 2005 - 2009 - concerns 80 pilots

AIAS Paper Series on the Labour Market and Industrial Relations in the Netherlands

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Reprint December 2013 © Marianne Grunell, Amsterdam

Bibliographic information Grunell, M. (2013). The Representativeness of Trade Unions and Employer Associations in the Civil Aviation Sector. AIAS ‘Labour markets and industrial relations in the Netherlands’ series, no. 2013-20. Information may be quoted provided the source is stated accurately and clearly. Reproduction for own/internal use is permitted. The original document can be downloaded at www.eurofound.europa.eu This paper can be downloaded from our website www.uva-aias.net under the section: Publications/NL Industrial Relations series.

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Civil aviation is an important and expanding sector of the Dutch economy.

A part of the sector is characterised by a dense organisation on employee side. Six unions are active

and have a role in the collective bargaining process. On employer side it is notable that the companies are not

organised into an employer organisation at sector level; they are member of the national association. Collective

company agreements are dominant in the sector.

Number of employers

175 250*

Aggregate employment* n.a. n.a.

Male employment*

Female employment*

Aggregate employees not public Not public

Male employees

Female employees

Aggregate sectoral employment as a % of total

employment in the economy

Aggregate sectoral employees as a % of the total

number of employees in the economy

* employees plus self-employed persons and agency workers

** or most recent data

Source: Central Bureau for Statistics. Figures on the total number of employees in the sector are not made public.

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This section includes the following trade unions and employer associations:

1. trade unions which are party to sector-related collective bargaining (In line with the conceptual

remarks outlined in the accompanying briefing note, we understand sector-related collective bargaining as any

kind of collective bargaining within the sector, i.e. single-employer bargaining as well as multi-employer

bargaining. For the definition of single- and multi-employer bargaining, see 4.2)

2. trade unions which are a member of the sector-related European Union Federations (i.e. ETF-Civil

Aviation Section – European Transport Workers’ Federation-Civil Aviation Section, ECA – European Cockpit

Association, ATCEUC – Air Traffic Controllers European Unions Coordination)

3. employer associations which are a party to sector-related collective bargaining

4. employer associations (business associations) which are a member of the sector-related European

Business Federations (i.e. AEA – Association of European Airlines, ERA – European Regions Airline

Association, IACA – International Air Carrier Association, CANSO – Civil Air Navigation Services

Organisation, ACI-Europe – Airports Council International-European Region, IAHA – International Aviation

Handlers’ Association, ELFAA – European Low Fares Airline Association)

2a.1 Type of membership (voluntary vs. compulsory)

Voluntary.

2a.2 Formal demarcation of membership domain (e.g. blue-collar workers, private-sector workers,

board staff, etc.)

The national unions are active for cabin and ground employees. That is FNV Bondgenoten, CNV

Bedrijvenbond and De Unie.

Cabin personnel is also represented by non-affiliated, craft union, the Association for Dutch cabin

personnel, Vereniging van Nederlands Cabinepersoneel (VNC)

Cockpit staff is almost solely represented by the Association for Dutch Pilots, Vereniging van

Nederlandse Verkeersvliegers (VNV). There is one more small pilot union, the Dutch Independent Pilot

Association, Onafhankelijke Vliegers Vereniging Nederland (OVN) which is active in only one helicopter

airline.

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The union can be seen as a competitor of VNV. Its potential are all pilots, but the large majority is

organised in VNV.

One company, KLM, has a company union for its higher personnel, the Association for higher KLM

Personnel, Vereniging voor Hoger KLM Personeel (VHKP).

Furthermore, union FNV and De Unie are active in the six ground service companies.

On behalf of air traffic controllers the professional association LVNL is active. It co-operates on

concluding collective agreements with the national union CMF.

The membership of Trade Union Eurocontrol Maastricht (TUEM) is mostly comprised of controllers

while FFPE Eurocontrol is more focused on technical staff. Both unions are, however, also open to all other

staff. (The EUROCONTROL staff has the status of European civil servants.)

2a.3 Number of union members (i.e. the total number of members of the union as a whole)

FNV Bondgenoten union is associated with the Dutch Federation of Trade Unions (Federatie

Nederlandse Vakbeweging, FNV). FNV Bondgenoten’s total membership is around 470.000 in 2007.

CNV Bedrijvenbond, affiliated to the Christian Trade Union Federation (Christelijk Nationaal

Vakverbond, CNV) is also active in the sector. CNV Bedrijvenbond’s total membership is around 90.000 in

2007.

De Unie is affiliated to the MHP; De Unie has a membership of around 85.000 in 2007.

CMHF has a membership of 61.000 in 2007. This union, for middle and higher civil servants, is

affiliated to the association MHP, which has a membership of 160.000.

2a.4 Number of union members in the sector

Not available.

LVLN had 410 members in 2007.

Union OVN has 20 members in 2008.

Union TEUM has 460 members in 2007.

Union FFPE has around 500 members, of which 80 at Masuac.

2a.5 Female union members as a percentage of total union membership

With the exception of LVLN, having 25% female members, the figure is unknown.

2a.6 Domain density: total number of members of the union in relation to the number of potential

members as demarcated by the union domain (see 2a.2)

Of the ground employees 30% is organised. (E) Of the cabin personnel around 80% is organised. (E)

Of the cockpit 90% is organised (E).

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Of the employees in the ground handling companies 30% is organised (E).

LVLN has a density of 90% among air traffic controllers.

The unions TEUM and European FFPE organize 540 employees (out of a total of circa 650 staff

members at Masuac). That gives a density of around 85%.

2a.7 Sectoral density: total number of members of the union in the sector in relation to the number of

employees in the sector, as demarcated by the NACE definition

The potential number of members in the sector is unknown, see question1.

2a.8 Sectoral domain density: total number of members of the union in the sector in relation to the

number of employees which work in that part of the sector as covered by the union domain

Note: 2a.7 and 2a.8 differ if the union organises only a particular part of the sector.

2a.9 Does the union conclude collective agreements?

All unions mentioned above conclude collective agreements.

In cooperation with association CMHF the LVLN concludes agreements. (CMHF is part of MHP, the

Association for Middle and Higher Personnel.)

OVN has concluded (together with VNV) one collective agreement at CHC Nederland (part of the

Canadian Helicopter Cooperation). This CLA - 2005 - 2009 - concerns 80 pilots.

TUEM, and FFPE-EUROCONTROL are consulted on an legal framework (that is in EU context the

structure for renumeration). The governance structure at EUROCONTROL is rather complex but the unions

play a vital role in the set up. Changes to working conditions are to ultimateley approved by the member states

of EUROCONTROL but only after prior consultation of the trade unions.

2a.10 For each association, list their affiliation to higher-level national, European and international

interest associations (including cross-sectoral associations)

Please document these data union by union.

Of the national unions FNV Bondgenoten, affiliated to the FNV at national level, is member of ETF

and ITF.

VNV, at national level affiliated to the MHP, is on international level member of ECA and IFALPA.

Union OVN does not participate at European level. VNV participates in ECA, and ECA only admits

one member per country.

CNV Bedrijvenbond, affiliated to the CNV at national level, is probably not active at European level.

De Unie, at national level affiliated to the MHP, is probably not active at European level.

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LVLN is member of ATCEUC at European level; the organisation is member of IFAFVA at

international level.

TUEM is a member of ATCEUC.

FFPE EUROCONTROL is member of the European FFPE (Fédération de la Fonction Publique

Européenne).

2b.1 Type of membership (voluntary vs. compulsory)

Voluntary.

2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, civil

aviation enterprises, etc.)

There is no formal demarcation. There exists no sector organisation. Companies are member of the

national employer organisation, VNO-NCW. Via this membership they are member of the AWVN, a VNO-

NCW affiliated organisation that assists companies in concluding collective agreements.

2b.3 Number of member companies (i.e. the total number of members of the association as a whole)

Employer organisationVNO-NCW has in total around 850 member companies and around 80

branch/sector memberships.

2b.4 Number of member companies in the sector

In the sector around 14 companies are member, 4 airline companies, 6 ground handling companies and

4 other companies in the sector ‘other supporting air transport activities’.

2b.5 Number of employees working in member companies (i.e. the total number of the association as

a whole)

2b.6 Number of employees working in member companies in the sector

There are around 25.000 employees working in the member companies in the sector. (E)

2b.7 Domain density in terms of companies: total number of member companies of the association in

relation to the number of potential member companies as demarcated by the association’s domain

(see 2b.2)

2b.8 Sectoral density in terms of companies: total number of member companies of the association in

the sector in relation to the number of companies in the sector, as demarcated by the NACE

definition

There is a huge difference between the 250 companies, reported by the Central Bureau for Statistics

and the 10 to 14 enterprises the social partners report on. Confering with the respondents, a conclusion may be

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that the CBS has a broader definition of the sector than the social partners. They have a narrow definition of

other supporting air transport activities, taking into account the so-called first line of ground handling and not

the second line, expidition and distribution (where other collective agreements apply).

2b.9 Sectoral domain density in terms of companies: total number of member companies of the

association in the sector in relation to the number of companies which operate in that part of the

sector as covered by the association’s domain

Note: 2b.8 and 2b.9 differ if the employer association organises only a particular part of the sector.

2b.10 Domain density in terms of employees represented: total number of employees working in the

association’s member companies in relation to the number of employees working in potential member

companies, as demarcated by the association’s domain (see 2b.2)

Unknown, see question 1.

2b.11 Sectoral density in terms of employees represented: total number of employees working in the

association’s member companies in the sector in relation to the number of employees in the sector, as

demarcated by the NACE definition

Unknown, see question 1.

2b.12 Sectoral domain density in terms of employees represented: total number of employees working

in the association’s member companies in the sector in relation to the number of employees working

in companies which operate in that part of the sector as covered by the association’s domain

Note: 2b.11 and 2b.12 differ if the employer association organises only a particular part of the sector.

2b.13 Does the employer association conclude collective agreements?

No, the companies conclude collective agreements

2b.14 For each association, list their affiliation to higher-level national, European and international

interest associations (including the cross-sectoral associations).

There is no employer organisation in the sector. Companies are member of VNO-NCW, the national

employer organisation, and the VNO-NCW affiliated AWVN.

The airline companies are active in ATCEUC.

Air traffic control is member of ETF – Civil Aviation.

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The domains of FNV Bondgenoten, CNV Bedrijvenbond and De Unie overlap. Depending on the

profession, the domain of VNC and VNV overlap with the three unions mentioned. At KLM the domain of

the VHKP overlaps with the other unions in sofar as they negotiate for the higher personnel. The domains of

VNV and OVN overlap.

No, there exist no rivalries among the unions.

No.

The national employer association VNO-NCW covers the sector; there is no sector organisation.

AWVN, affiliated to VNO-NCW, assists companies in the collective bargaining process.

Not applicable.

Not applicable

According to our FNV Bondgenoten respondent, there is one airline company – Arke Fly – which has

refused to confer on collective agreements.

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Collective agreements are defined in line with national labour law regardless of whether they are

negotiated under a peace obligation.

Estimate the sector’s rate of collective bargaining coverage (i.e. the ratio of the number of

employees covered by any kind of collective agreement to the total number of employees in the

sector).

The collective bargaining coverage at the airlines is 95% (E).

Around 5% of the personnel is employed ‘above’ the concluded collective agreements. Of the four

airline companies, one company has refused to negotiate over and to conclude on a collective agreement.

With regard to the sector ‘other supporting air transport activities’ my respondents restricted

themselves to the ground handling companies and some other, presumably air traffic control, companies.

Each of the six ground handling agents has its own company collective agreement, a coverage of

100%.

Estimate the relative importance of multi-employer agreements and of single-employer

agreements as a percentage of the total number of employees covered. (Multi-employer bargaining is

defined as being conducted by an employer association on behalf of the employer side. In the case of

single-employer bargaining, it is the company or its subunit(s) which is the party to the agreement.

This includes the cases where two or more companies jointly negotiate an agreement.)

There are only single employer agreements. To be more precise: at every airline company there are

three agreements, one for cockpit staff, one for cabine personnel and one for ground employees. The leading

collective agreement at KLM – 2007 – 2009, a two year period - is listed under 4.4.

4.2.1 Is there a practice of extending multi-employer agreements to employers who are not affiliated

to the signatory employer associations?

Not applicable.

4.2.2 If there is a practice of extending collective agreements, is this practice pervasive or rather

limited and exceptional?

Not applicable.

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List all sector-related multi-employer wage agreements* valid in 2006 (or most recent data),

including for each agreement information on the signatory parties and the purview of the agreement

in terms of branches, types of employees and territory covered.

* Only wage agreements which are (re)negotiated on a reiterated basis.

For the notion of ‘sector-related’, see the conceptual remarks in the accompanying briefing note.

Please be reminded that agreements should be excluded where their purview covers, for instance, only space

transport activities according to NACE 62.30, but not any part of civil aviation activities according to NACE

62.10, 62.20 and 63.23. In case of regionally differentiated, parallel agreements, an aggregate answer explaining

the pattern may be given.

Not applicable.

List the sector’s four most important collective agreements (single-employer or multi-

employer agreements) valid in 2006 (or most recent data), including for each agreement information

on the signatory parties and the purview of the agreement in terms of branches, types of employees

and territory covered. Importance is measured in terms of employees covered.

Bargaining parties Purview of the agreements

Sectoral Type of employees Territorial

Company KLM Yes Three typres no

Unions: FNV, CNV, De

Unie, VHKP; VNV; VNC

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Employer associations and trade unions are usually consulted on sector-specific matters. A recent

example is the consultation on the new working hours Act.

The organisation LVLN is usually not consulted by the authorities in sector specific matters.

There are no triparte bodies. Twopartite, employers and employee representatives govern

pensionfunds and trainingfunds.

The OVN is partner in government consultation on technical subjects. (The Ministry of Traffic and

Watercontrol invited OVN into consultation on the restructuring of the Airtraffic above the Nordsea.)

In the case of the trade unions, do statutory regulations exist which establish criteria of

representativeness which a union must meet, so as to be entitled to conclude collective agreements? If

yes, please briefly illustrate these rules and list the organisations which meet them.

There are no statutory regulations with regard to representativeness.

In the case of the unions, do statutory regulations exist which establish criteria of

representativeness which a union must meet, so as to be entitled to be consulted in matters of public

policy and to participate in tripartite bodies? If yes, please briefly illustrate these rules and list the

organisations which meet them.

There are rules on representativeness with regard to participation in the tripartite Social and Economic

Council (Sociaal Economische Raad, SER) and in the bipartite Labour Foundation (Stichting van de Arbeid,

STAR). As a result, in these bodies three union federations are represented: Federations of Dutch Trade

Unions (Federatie Nederlandse Vakbeweging, FNV), Christian Trade Union Federation (Christelijk Nationaal

Vakverbond, CNV) and MHP, the national union federation for middle and higher personnel.

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Are elections for a certain representational body (e.g. works councils) established as

criteria for union representativeness? If yes, please report the most recent electoral outcome for the

sector.

No.

In the case of the employer organiations, do statutory regulations exist which establish criteria

of representativeness which a organisation must meet, so as to be entitled to conclude collective

agreements? If yes, please briefly illustrate these rules and list the organisations which meet them.

There are no statutory regulations with regard to representativeness.

In the case of the employer organisations, do statutory regulations exist which establish

criteria of representativeness which a organisation must meet, so as to be entitled to be consulted in

matters of public policy and to participate in tripartite bodies? If yes, please briefly illustrate these

rules and list the organisations which meet them.

There are rules on representativeness with regard to participation in the tripartite Social and Economic

Council (Sociaal-Economische Raad, SER) and in the bipartite Labour Foundation (Stichting van de Arbeid,

STAR). As a result, in these bodies three employer associations are represented: VNO-NCW, MKB-Nederland,

the employer association for SME’s and LTO-Nederland, the organisation for the agricultural sector.

Are elections for a certain representational body established as criteria for the representativeness of

employer associations? If yes, please report the most recent outcome for the sector.

No.

There are no jurisdictional disputes or recognition problems in the sector.

With regards to representativeness employees are well organised. Six unions are active and play their

part in the collective bargaining process. Of these employee organisations two are craft unions and one is a

company union. It is estimated that around 30 % of ground handling employees and ground employees are

organised. Around 80% of the cabin staf and 90% of the cockpit personnel are organised. Employers are not

organised into an association at sector level. In collective bargaining, companies are assisted by employer

organisation AWVN, which is associated to the national association VNO-NCW.

There are no sector agreements, only company agreements, whereby the KLM agreement is the leading

agreement. The airlines conclude different agreements for the three types of personnel, ground, cabin and

cockpit.

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The social partners are occasionally consulted by the authorities on specific issues; but collective

bargaining remains their core business.

Figures on the total of employees in the sector are not made public. Regarding density we have to rely

on the estimates made by the respondents. Furthermore, with respect to the total of companies it is noteble

that while the CBS counts 250 companies in the sector, the respondents restrict their definition of the sector to

4 airlines, 6 ground handling companies and 4 other, presumably air traffic control, companies. The ground

handling agents are percieved as ‘the first line’ of assisting civil aviation. It is assumed that the CBS has a

broader definition and includes the so-called second line of other supporting activities, expidition and

distribution. The 14 companies reported are a domain in the sector.

Central Bureau for Statistics

Mr. J. van den Brink (union FNV Bondgenoten)

Mr D. Liu (Masuac: TEUM, FFPE)

Mr N. Meyer (union OVN)

Mr. A. Schouten (professional association air traffic controllers, LVLN)

Mr J. Paauw (employer association AWVN, VNO-NCW)

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2013-19 The Representativeness of Trade Unions and Employer

Associations in the Personal Services.

Marianne Grunell December 2013

2013-18 Eiro Annual Review 2008

Marianne Grunell November 2013

2013-17 The Representativeness of Trade Unions and Employer

associations in the footwear sector

Marianne Grunell November 2013

2013-16 The representativeness of trade unions and employer

associations in the catering sector

Marianne Grunell November 2013

2013-15 Developments in social partner organisations:

employer organisations

Marianne Grunell an Frank Tros November 2013

2013-14 The representativeness of trade unions and employer

associations in the inland water transport sector

Marianne Grunell November 2013

2013-13 Representativeness study of the European social partner

organisations: Metal sector

Marianne Grunell November 2013

2013-12 Eiro Annual Review 2009

Marianne Grunell October 2013

2013-11 Industrial Relations in the Health Care sector

Marian Schaapman October 2013

2013-10 Representativeness study of the

European social partners organisations: Education

sector

Marian Schaapman October 2013

2013-9 Representativeness of the European social partner

organisations: Commerce October 2013

Marianne Grunell

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2013-8 Representativeness study of the

European social partners organisations: Public

administration sector

Marian Schaapman October 2013

2013-7 EIRO CAR on “SMEs in the crisis:

Employment, Industrial Relations and Local Partnership”

Marianne Grunell October 2013

2013-6 The Representativeness of Trade

Unions and Employer Associations in the Banking

Sector

Marian Schaapman October 2013

2013-5 Employment and Industrial

Relations in the Hotels and Restaurants

Marianne Grunell October 2013

2013-4 The Representativeness of Trade

Unions and Employer Associations in the sea fisheries

Sector

Marianne Grunell October 2013

2013-3 The Representativeness of Trade

Unions and Employer Associations in the paper

Sector

Marianne Grunell October 2013

2013-2 The Representativeness of Trade

Unions and Employer Associations in the Insurance

Sector

Marianne Grunell September 2013

2013-1 Employment and Industrial Relations in

The railways sector

Marianne Grunell August 2013

2011-1 Collective Bargaining in the Dutch metal and electrical engineering industry

Maarten van Klaveren and Kea Tijdens August 2012

2005-1 Quality standards of work in the Netherlands Kea Tijdens July 2012