The reform of the labor union
structure, one of President Lula's
electoral campaign commitments is
taking shape, and there are
already warning signals. It all
points out a liberal view of
democracy that is going to frame
this proposal, and thus give rise
to a brutal hecatomb for the
existing 11,354 workers union
trades all over the country -
according to last IBGE Census.
Following the new government
schedule, the project will be
discussed by the National Council
for Social and Economical
Development - CNDES and the future
National Labor Forum. Afterwards
it will be submitted to the
approval of the National Congress
within this year.
There are real reasons for
concern. Differently from the
heavy pension reform that caused
society to be surprised by PT's
sudden change of positions, in the
case of the unionist structure PT
has always defended deep
modifications, such as putting an
end to the unity , to the
compulsory contributions and to
the ruing power of Labor Justice.
Soon after the electoral
victory, João Felício, president
of the Unique Central of Workers
(CUT), has even foreseen that the
current structure would have short
life in Lula's government.
"The labor union movement has
to be detonated, imploded. It
doesn't matter if this may create
a certain anarchy at first, but I
believe it will be a positive
anarchy", he said in a
seminar attended by the of São
Paulo Industries Federation
businessmen.
The unfortunate statement has
provoked a strong resistance among
unionists - within and out of CUT
- which has made President Lula
himself take over the task to put
out the fire. Aware of the weight
(to his ballot success) of being
supported by a large union basis,
Lula announced during a meeting
with 650 leaderships that he would
not impose unionism any
prejudicial measure. "My only
conviction is that you won't be
caught by surprise ", he
guaranteed. At the same meeting,
last November, he formalized his
proposal to create the National
Labor Forum, a tripartite instance
which will "spend many hours
of debate" to find mechanisms
to labor valorization and the
strengthening of union trades.
Attack fronts
However, after dust downs,
disturbing signs are rising on
various fronts. A document issued
by the Ministry of Labor on March
16, entitled "Diagnosis on
union and labor reform"
preaches again "the necessity
of overcoming nowadays' model of
union trade organization - which
has been being criticized for
years due to its authoritarian and
corporative origin, to its low
representative nature and also for
being little permeable to social
control". He lists new
government priorities; "to
foster the constitution of free
and autonomous union -
entities"; "to grant
more effectiveness to labor
legislation"; and "to
stimulate the self-composition of
conflicts and their settlement by
means of new mechanisms for
conciliation, mediation and
arbitration.
In the sequence, on March 18,
in the first meeting of the
committee on labor and union labor
reform held by CNDES, the tendency
to "implode" the
existing union structure was
confirmed. According to the report
released by Diap (Inter-union
Department for Parliamentarian
Advisory), two work groups have
approved the labor union autonomy
model agreed by ILO (International
Labor Organization) an only one
group voted for keeping unique.
There was also disagreement
regarding the union trade
financial support, and the
majority defended the end of union
trade contributions. The only
positive consensus was favorable
to the acknowledgement of the
labor union centrals juridical
personality.
But the most destructive petard
against the current structure was
by thrown two PT Deputies in
key-positions at the Special
Committee on Labor Reform in the
Chamber of Deputies. The Proposal
of Amendment to the Constitution -
PEC number 29, whose authors are
Vicente Paulo da Silva, aka
'Vicentinho', a former president
of CUT, and Maurício Rands, a
labor lawyer from Pernambuco, has
the merit to express very clearly
the liberal vision of unionism of
today's hegemonic political
segment within this central, at PT
and in Palácio do Planalto.
Coming straight to the point, the
PEC defends the end of unite as
well as the end of the concept of
category, the gradual extinction
of union trade contribution and
the collection of compulsory
contributions paid only by union
trade registered workers.
On the PEC statement of reason,
its wide-open shown the labor
union model dreamed by that
hegemonic stream. To its authors
the criterion of representation by
professional or economic
categories would be authoritarian
since it prevents the
establishment of the
"political union trade,
linked to an ideology". If
this criterion is kept "it is
not possible founding a union
trade for company either, for the
minimum area is a county. Neither
it is possible the creation of
more than one union trade for
category", say the Deputies
in straight-forward criticism.
Following the liberalizing rules
of ILO's Convention 87, they argue
in defense of plural unionism:
"In a labor union system,
there can be many union trades to
represent workers".
Unionism pulverization
To a reader less familiar with the
issue, this discourse may even
seem an appeal for democracy, the
search for the ancient oasis of
union trade autonomy and freedom.
But in fact it contains serious
risks for the workers'
organization. Not for least though
for other reasons the same
discourse is made by renowned
ideologists of capitalism.
Sociologist Leôncio Martins
Rodrigues, one of the mentors of
the unionism elite, does not cease
to repeat that the country
"must put an end to union
trade contribution and to the
monopoly of representation unity.
Both measures would make a storm
over the union trade movement.
Fernando Henrique Cardoso's
government has tried to achieve
this goal several times. FHC's
last shot, the PEC 623, only
failed due to the unitary unionism
contraposition. At that time, even
PT's bloc technical advisory board
was astonished. "The PEC
removes from the Constitution text
any limit to plurality. If it is
adopted, more union trades would
be founded at first, and then
there would occur predictable
'bankruptcy' of big part of the
Brazilian union trades", he
warned at end of last year. Maybe
that would be the case of deputies
Vicentinho and Rands, both in
their first legislature, consult
again that wise advisory.
In practical terms, PEC 29 -
which counts on CNDES' and
Ministry of Labor' support -
follows the same path towards that
'bankruptcy'. In case there will
be no reaction from CNDES, at the
National Labor Forum, in
Parliament and in the unionism as
a whole, that will really cause a
radical change in the labor union
structure... to worse! The
medicine to cure the distortions
and vices in unionism will end up
causing contrary effects, as if it
were poison. That explains the
enthusiastic compliments on the
PT's parliamentarians proposal
made by influent business leaders
and bourgeois media.
A close analysis on the PEC,
divided into parts, enlightens
this apparent nonsense. In the
case of the end of unity, which
would extinguish the current
constitutional rule that
establishes a county as the
minimum basis to found a union
trade, it would result a total
fragmentation of workers'
organization. Since we still live
in a capitalist society, marked by
conflicts among classes, not only
the workers would have the right
to organize new entities.
Businessmen would also take
advantage of this legal gap to set
up hundreds of fragile and tamed
union trades, fostering the
division of the exploited people.
In Japan, where OIT's
Convention 87 has been in force
since the 50's , the patronage has
assembled various entities for
companies, called 'union trade
home'. Nowadays there are more
than 78,000 'labor union
organizations' in that small
country; in most part of the great
corporations, there are at least
two organizations disputing a
position ... for the joy of the
capital!! Besides allowing this
kind of pulverization, the PEC
also admits the creation of
entities guided by political and
ideological orientation. Thus,
Brazil would live the tragic
experience of Europe's partisan
union trade - exactly when those
countries struggle for labor union
reunification. Furthermore, the
many religious sects would be free
to set up their confessional
entities.
Devastated land
Considering the elimination of the
concept of economic and
professional category, it effects
are even more destroyer. At first,
this change would make possible
setting up various entities in the
same company, assembling the
different occupations. But, what
is worst, that would provoke a
brutal distinction among the
workers themselves. By this
proposal, union trades would
represent only their associates
and no longer the categories. This
way, the agreements and collective
wages increase would not benefit
the whole basis. As Antônio
Augusto de Queiroz, Diap's
technical director warns, this
"will mean the end of
collective convention, because if
the company is not affiliated to
the owner's association, then its
workers will not be benefited by
the convention's clauses, even if
they are affiliated to the
workers' union trade.
Last, regarding the financing
system support of unionism, the
risks are also huge. The problem
is not the gradual extinction of
union trade contribution, the
former union trade tax. Studies
indicate this item doesn't burden
too much most union trade's
finances. Due to its evident
distortions, progressive sectors
of society have long defended its
gradual extinction. The graveness
about the PEC is establishing the
contribution only by the
associates while revoking the
concept of category. This measure
will reduce drastically the union
trades incomes, overburdening even
more the worst financial crisis
ever faced by unionism - arising
out of unemployment boom and wage
shrinkage.
As it may be observed, deputies
Vicentinho's and Rands' PEC, with
the sympathy of Minister Jacques
Wagner and the CNDES, will have
devastating effects on unionism.
In despite of the alleged good
intentions - which hell is full of
- this "autonomy and
freedom" proposal will weaken
even more the already staggered
Brazilian unionism.
The PEC is so inconsequent that
doesn't even include transition
rules that protect the existing
entities ant their associates'
rights. In this case, it is worthy
mentioning some of the inciting
questions made by Edésio Passos,
lawyer and former PT's federal
deputy :
"If the constitutional
amendment is approved, the
entities registered by the
Ministry of Labor cease to be
representatives of the economic or
professional category and become
only their associates'
representatives, regardless of
their statutes dispositions? Will
these entities still be granted
the right to collect compulsory
union trade contribution within
the four years following the
amendment promulgation? Will the
rules in agreements and labor
collective conventions that
sanction rights and benefits to
professional categories keep
prevailing?
|