Company union
A company or "yellow" union is a worker organization which is dominated or unduly influenced by an employer and is therefore not an independent trade union. Company unions are contrary to international labour law. They were outlawed in the United States by the 1935 National Labor Relations Act §8, due to their use as agents for interference with independent unions. However, company unions persist in many countries.
Some labour organizations are accused by rival unions of behaving as "company unions" if they are seen as having too close or congenial a relationship with the employer or with business associations, and even if they may be formally recognized in their respective jurisdictions as bona fide trade unions, they are usually rejected as such by regional and national trade union centres. In a study of one such organisation, this form of company union was observed to rarely or never strike, exert relatively little energy in resolving individual workplace disputes, and undercut other unions by bargaining for well beneath industry-standard terms, and was characterised thus:
" an accommodationist, or 'company,' union—an opportunistic, pariah organization that allows employers who would otherwise face a 'real' union a convenient union-avoidance alternative."
International law
A "company union" is generally recognized as being an organization that is not freely elected by the workforce, and over which an employer exerts some form of control. The International Labour Organization defines a company union as "A union limited to a single company which dominates or strongly influences it, thereby limiting its influence." Under the ILO Right to Organise and Collective Bargaining Convention, 1949 Article 2 effectively prohibits any form of company union. It reads as follows:National laws
France
The first yellow union in France, the Fédération nationale des Jaunes de France was created by Pierre Biétry in 1902. The yellow color was deliberately chosen in opposition to the red color associated with socialism. Yellow unions, in opposition to red unions such as the Confédération Générale du Travail, rejected class struggle and favored the collaboration of capital and labor, and were opposed to strikes. According to Zeev Sternhell, the yellow union of Biétry had a membership of about a third of that of the Confédération Générale du Travail, and was funded by corporate interests. Moreover, also according to Sternhell, there were close relationships between Pierre Biétry and Maurice Barrès and the Action Française, making the yellow union of Biétry a precursor of fascist corporatism. During the Nazi occupation of France, unions were banned and replaced by corporations organized along the fascist model by the Vichy Regime. The labor secretary of Philippe Pétain's administration from 1940 to 1942 was René Belin. After the war, René Belin was involved in 1947 with the creation of the Confédération du Travail indépendant, renamed Confédération Générale des Syndicats Indépendants in 1949 as the original acronym was already used by Confédération des Travailleurs intellectuels. The movement was joined by former members of the Confédération des syndicats professionnels français, a union created by François de La Rocque in 1936. The CGSI declared that it was formed by "des hommes d’origine et de formation différentes se sont trouvés d’accord pour dénoncer la malfaisance de la CGT communisée". CGSI developed mostly in the automobile industry, for instance in the Simca factory of Poissy.In 1959, the CGSI became the Confédération Française du Travail, led by Jacques Simakis. It was declared a representative union on January 7, 1959, but the decision was overturned by the State Council on April 11, 1962, following a lawsuit by the Confédération Française des Travailleurs Chrétiens based on the funding of CFT by companies. In 1968, it organized demonstrations for the "freedom to work" to oppose the strikes organized by the CGT. In September 1975, Simakis resigned and denounced the links of CFT with the Service d'Action Civique. On June 4, 1977, a commando formed by members of the CFT-Citroën opened fire on strikers at the Verreries mécaniques champenoises in Reims in a drive-by shooting, killing Pierre Maître, a member of the CGT. Two other members of the CGT were injured. Following this incident, the CFT changed its name into Confédération des Syndicats Libres. In the continuity of the company union of Biétry, the CSL is in favor of the association of capital and labor, is opposed to Marxism and collectivism, and denounces the French Communist Party as a civil war machine. The number of adherents of CSL was never published, but in professional elections, it obtained from 2% to 4% of the votes. In October 2002, the CSL disappeared as a national union as a result of lack of funds. It called its supporters to join the Force Ouvrière union in the professional elections. In the automobile industry, the CSL remains as the Syndicat Indépendant de l'Automobile.
United States
Company unions were common in the United States during the early twentieth century, but were outlawed under the 1935 National Labor Relations Act § 8 so that trade unions could remain independent of management. All labor organizations would have to be freely elected by the workforce, without interference.In 1914, 16 miners and family members were killed when the Colorado National Guard attacked a tent colony of striking coal miners in Ludlow, Colorado. This event, known as the Ludlow massacre, was a major public relations debacle for mine owners, and one of them—John D. Rockefeller Jr.—hired labor-relations expert and former Canadian Minister of Labour William Lyon Mackenzie King to suggest ways to improve the tarnished image of his company, Colorado Fuel and Iron. One of the elements of the Rockefeller Plan was to form a union, known as the Employee Representation Plan, based inside the company itself. The ERP allowed workers to elect representatives, who would then meet with company officials to discuss grievances.
In 1933 the miners voted to be represented by the UMW, ending the ERP at Colorado Fuel and Iron. Company unions, however, continued to operate at other mines in Pueblo, Colorado and Wyoming, and the ERP model was being used by numerous other companies.
In 1935, the National Labor Relations Act was passed, dramatically changing labor law in the United States. Section 8 of the NLRA makes it illegal for an employer "to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it." Company unions were considered illegal under this code, despite the efforts of some businesses to carry on under the guise of an "Employee Representation Organization".
In the mid-20th century, managers of high-tech industry like Robert Noyce worked to rid their organizations of union interference. "Remaining non-union is an essential for survival for most of our companies," Noyce once said. "If we had the work rules that unionized companies have, we'd all go out of business."
One way of forestalling unions while obeying the Wagner Act was the introduction of "employee involvement programs" and other in-house job-cooperation groups. One company included them in their "Intel values," cited by employees as reasons why they didn't need a union. With workers integrated into the decision-making structure, the independent union is seen by some as an anachronism. Pat Hill-Hubbard, senior vice-president of the American Electronics Association, said in 1994: "Unions as they have existed in the past are no longer relevant. Labor law of 40 years ago is not appropriate to 20th century economics." Author David Bacon calls EI programs "the modern company union".
In 1995, pursuant to a report from the Commission on the Future of Worker-Management Relations, Republicans in the U.S. Congress introduced and voted for the Teamwork for Employees and Managers Act of 1995. The bill would have weakened federal regulations against employer establishment and control of employee involvement programs. Although the bill indicated that EI plans should not be used specifically to discredit or prevent union organization, trade unions in the United States vehemently opposed the bill. Jim Wood, an AFL–CIO leader in Los Angeles, said the "Team Act actually would take us backward to the days of company unions." President Bill Clinton vetoed the bill on 30 July 1996.
Calls to legalize company unions are rare, but New York University law professor Richard Epstein, in an opinion piece published in The Wall Street Journal on September 11, 2018, called for the repeal of Section 8 of the NLRA.