Globalisation and the Right to Strike: The Case for European-Level Protection of Secondary Action

Abstract

This article advocates for the protection of the right to strike, including the right to take secondary action, under EC law. This is based on the premise that, if workers are able to organise and act across national boundaries, they may be able to address challenges to established working conditions often associated with globalisation of investment and production. The suggestion has been made, that the EU's protection of such rights would be consistent with its present recognition of the value of collective bargaining at the national and trans-national level. A strong case also exists for the protection of secondary industrial action under EC law on the basis that the objective for market integration could override objections based on the principles of subsidiarty. Finally, the EU is clearly in a better position to secure an enforceable right to strike than the International Labour Organization and the Council of Europe. In this article, the UK is considered as an example of an EU Member State whose labour laws inhibit transnational bargaining and solidarity between workers. The article also discusses criticism of the UK's stance by the Council of Europe and the ILO, noting that this has had little impact on UK domestic policy. The authors then go on to examine the historical reluctance of the EC to intervene in this field. They conclude by making the case for political change, namely amendment of the EC Treaty, so that such intervention becomes possible.

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