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August 2009 What has Postal Liberalisation delivered ? A Compilation of Case Studies on the Liberalisation of the Postal Sector What has Postal Liberalisation delivered? A Compilation of Case Studies on the Liberalisation of the Postal Sector A report compiled by UNI Global Union August 2009 Contents 1. ARGENTINA. ...........................................................................................................................................7 2. CANADA - CUPW..................................................................................................................................67 3. GERMANY - VER.DI .............................................................................................................................71 4. JAPAN - JPGU.......................................................................................................................................81 5. MOROCCO - FNPT UMT......................................................................................................................87 6. THE NETHERLANDS - ABVAKABO FNV............................................................................................93 7. NEW ZEALAND - EPMU.....................................................................................................................101 8. SWEDEN - SEKO................................................................................................................................121 9. SWIITZERLAND - SYNDICAT DE LA COMMUNICATION................................................................139 10. TUNISIA - FG-PTT ............................................................................................................................143 11. UNITED KINGDOM - CWU...............................................................................................................147 12. UNITED KINGDOM - UNITE. ...........................................................................................................149 13. USA - NALC.......................................................................................................................................155 4 Foreword s we see the wages and working conditions of workers in the postal sector deteriorating following the liberalisation process in this sector of the industry, UNI Post & Logistics wanted to under- stand how this could happen. It was thus decided to undertake a global study on the liberalisa- tion of postal services and its impact on workers, in order to as- sist our members in preventing such situations from happening. The research is based on case studies from countries that have undergone liberalisation and some that are in the process of pre- venting it. They include: Argentina, Canada, Germany, Japan, Morocco, the Netherlands, New Zealand, Sweden, Switzerland, Tunisia, the United Kingdom and the USA. We have also looked into available material on this topic. You will find here a compilation of all these case studies. The study would not have been possible without the assistance of the following UNI affiliates: CUPW (Canada), ver.di (Germany), JPGU (Japan), FNPT-UMT (Morocco), AbvaKabo FNV (the Nether- lands), FNV Bondgenoten (The Netherlands), EPMU (New Zealand), SEKO (Sweden), Syndicat de la Communication (Switzerland), FG-PTT (Tunisia), NALC (USA), CWU (UK) and Unite The Union (UK). We would thus like to thank them here for providing us with reports and information, as well as the support that was indispensable for compiling the study and making it a valuable resource for our readers and UNI Post & Logistics Global Union. UNI Post & Logistics Global Union Title of the publication 5 6 Argentina By Daniel Azpiazu, Federico Basualdo, Pablo Manzanelli Introduction Although the initial steps towards liberalizing the Argentine postal market were taken during the ‘70s under a military government, it was not until the ‘90s that this process began to strongly accelerate and blend in with the official post office privatization process. The concession of the main market operator—the longstanding historical and monopolistic service pro- vider—to private hands lasted a little over five years. Despite this fact, while non-compliance by the consortium that took over service provision resulted in contract termination and subsequent undertaking of the activity by a state-owned company, this was not coupled with a substantive change in the legisla- tive or regulatory status quo that was consolidating at the same pace as the ups and downs of the pri- vatization process. It is in this setting that the first Chapter of this paper analytically reviews, on the one hand, the charac- teristics historically adopted by these postal market liberalization, demonopolization, and deregulation processes, and, on the other, their articulation with the official post office privatization and subsequent renationalization. Furthermore, under that new operating environment, especially as from 1993, the Ar- gentine postal market evolution is examined considering the growing presence of private operators. Chapter II looks into the main effects of liberalization and privatization processes on the labor market, highlighting postal labor composition according to operator type and mobility within the business. Chapter III deals with the analysis of working conditions, wage and functional heterogeneity within the sector (without losing sight of the changes in the market’s regulatory and institutional context), and, lastly, how it was all expressed in the collective bargaining agreements, with the subsequent deteriora- tion of postal employee working conditions, leading to casualization and outsourcing, among other prac- tices. Following some of the core aspects of the analytical approaches presented in Chapter I, Chapter IV ex- amines and assesses the main features of the sector’s regulatory framework and the characteristics of the Universal Postal Service in Argentina, and, as a paramount part of government presence in this business, this chapter also considers public supervision exercised over the postal market. Finally, Chapter V thoroughly and rigorously examines the role that different trade union organizations played—and still play—in the postal sector, where the convergence of several trade unions and the di- versity of positions displayed by them emerge as features of the utmost importance. Title of the publication 7 I. POSTAL MARKET LIBERALIZATION AND OFFICIAL POST OFFICE PRIVATIZATION AND RENATIONALI- ZATION I.1. Postal Market Demonopolization and Liberalization Though the beginnings of the postal market liberalization process can be traced back to the last military dictatorship (March 1976 to December 1983), with a few minor yet initial steps taken by the previous dictatorship administration (June 1966 to May 1973 (1)), it was only from Menem’s (democratic) admini- stration on (July 1989 to December 1999), when such process converged with privatization and deregu- lation, that circumstances were radically altered to set the stage for postal market performance in Ar- gentina. Later on, at the turn of the century—more precisely in November 2003—with the termination of the concession contract of the private company that had taken over service provision at the end of 1997, the sector entered a new—and somewhat uncertain—development stage marked, once again, by the coexistence of a large public player (Correo Argentino S.A. - CORASA) with several heterogeneous private economic agents. In this regard, we would later see a few private players taking on an increas- ingly leading role. The postal service was historically the oldest public service to be regulated in the country. Since its in- ception, its performance (and regulation) had always been exclusively in public hands. The first records of this can be traced down to the Constitution of 1853 (2) and to the passing of the General Post Office Act in October 1876 (Law No. 816). This law set forth the public nature of postal services and entrusted service provision and oversight to the National Bureau of Postal and Telegraph Services reporting to the Ministry of the Interior (see Annex listing the main regulations relating to market liberalization and privatization, and subsequent official post office renationalization). The latter name and institutional inclusion of the public postal service went through several changes from the ‘40s onwards. Consequently, in 1944 it was named Bureau of Postal and Communications Services, with organizational autarchy. In 1949, the Postal and Telecommunications Secretariat was created, which, shortly after that year, became the Ministry of Communications. Towards the end of the ‘50s (1958), it changed yet again to become the Office of the Secretary of State for Communications, and began to report directly to the Executive Branch. Lastly, in 1971, before the initial and very shy at- tempts to demonopolize service provision were outlined, the institutional inclusion of postal administra- tion was placed under the scope of the Office of the Undersecretary of Communications. In the early ‘70s, two relevant events took place: on the one hand, the creation of Empresa Nacional de Correos y Telégrafos (National Postal and Telegraph Services Company), in 1972, as a single, public and monopolistic company responsible for postal services provision; on the other, in 1973, the passing of Law No. 20216 amending the existing law that had been effective for almost a century (Law No. 816) and specifying a number of key characteristics that service provision