Contenu du sommaire : Les relations sociales dans le secteur public

The Stakes of Institutional Dialogue The functioning of the Superior Council for the Civil Service and that of its trade union section could be improved. The same is true for the State of mind which presides over the dialogue engaged in by ail bodies which comprise representatives of opposing factions. Trade unions have always sought improved dialogue and increased participation but, at the same time, are more reticent about taking part in decision-making. Currently, and in the light of the escalation in recent months of aggressive conduct by trade union representatives, it appears very difficult to create a new structure to replace these bodies. The past weighs heavy in our country and trade unions have not hesitated to construe new structures as a very serious infringement of the rights which, over time, they have acquired.

Engaging in Dialogue About Social Matters Nicole Prud'homme Social actions benefiting civil servants is not widely known about. It has been in operation for a long time in various different ministries, but its interministerial aspect is a relatively recent occurence. It has taken effect in the context of a body called the Interministerial Committee for Social Action and the regional sections of these Committee, the creation of which is very recent. Through theses structures a particular form of equal representation for opposing sides has been introduced. These results have been more than satisfactory, even if further efforts are still needed. They are wedded to the introduction of new mechanisms which overtum current practices or regulations. In the context of State reform it is the Minister for Finance, in particular, who must change his attitude and modify his decisions which, at the end of the day, constitute a saving for no-one.

Making Good Uses of Equal Representation Gérard Aschiéri Bodies which comprise representatives from ail sides allow for the opinions of ail personnel to be expressed, whether it be about career matters (for example the CAP) or about the general organisation of public services and the texts which accompany their operation (for example the CTP and the Superior Council for the Civil Service). Their effectiveness depends upon both the practices adopted by trade unions and those adopted by the govemment. Taking the experiences of a trade union as its starting point, this article offers some reflections upon the conditions which governs efficiency and the problems which arise as a consequence : such as functioning, preliminary discussions and the recognition of the representative character of organisations.

Co-management in German Administration Ulrich Battis The rules which apply to co-management in German administration vary according to the status of the employer : the rules goveming businesses apply to persons regulated by private law, those goveming the representation of personnel apply to public law bodies. Co-management implies the participation of private interests in order to promote the public interests. Laws -both federal and regional- about the representation of personnel govem the co-management regime. Constitutional control over regional laws has led to the formulation of two questions. Do the laws respond to the demands of efficient administration ? Do the measures conceming co-management respond to the demands of democratie legitimacy ?

Interministerial Negociation : a New Means for Social Dialogue ? Marcel Pochard The question has arisen as to whether or not the conclusion of agreements is set to become progressively a normal, and no longer exceptional way of mediating social relations within the civil service. This would be a substantial change because, traditionally, relations have been governed rather more by dialogue or participation, than by negociation. Negociation allows for better consideration to be given to the preoccupations of ail concemed, but it also has limits depending upon the legal regulation to which each participant is subject, upon financial and political uncertainties and also upon the attitude of certain trade unions which systematically contest ail agreements. What is necessary, moreover, it to facilitate the decentralisation of collective bargaining.

The Transformation of the Social Interplay Between Public Services and their Staff Danielle Charles-Le Bihan The opening up in France of the major public services to competition has been accompanied by a sensitive social agenda, which has generated real confusion between public services and the State. Changes in the status of companies charged with carrying out public services and in that of their personnel, are linked to the destiny of the concept of public service. From the point of view of personnel status, this period of transition calls into question the traditional criteria establishing civil servant status and basic concepts such as the "mission" and the "organisation" of public services. Socio-professional relations are tom between the logic of the general interest (which civil servants are charged with pursuing) and the logic of the market place (which strongly imbues the developing contract culture). This change in social relations as the heart of businesses charged with the task of carrying out public services leads us to rethink the notion of public service in order to construct a new social legitimacy.

Strategies Concerning Service Modernisation : How to Overcome the Reservations ? Serge Vallemont No one should be surprised to leam that the announcement of a plan of reforms would be perceived by trade unions as implying a risk of change in the rules of the game. In this respect the unions are right to develop a vigilant stance which will be adopted ail the more nervously given that relations between the administration and the unions remain premised upon mutual suspicion, an absence of freedom of information and an absence of dialogue. Modernisation, yes, but modernisation of social relations is what is first required.

Deregulation of Public Services and the Status of Public Sector Employees Jean-Paul Roux The offensive against the public service has been launched. Neo-liberal thought, under the guise of modemity and under the pretext of Europe, is pursuing its strategy. However, the present social crisis, now more than ever before, is placing our public services at the heart of the struggle against exclusion, in order to reduce divisions in society. Europe itself, if its ambition is not limited to producing a vast area of free movement, needs a strong public policy guaranteeing the public interest in order to maintain its balance and its development. The idea of public service implies also the activities of those men and women who enable the services to fonction. In our country, the particular status of civil servants provide the guarantee for the execution of public service tasks.

Adding Value to the Status of Public Sector Employees in Order to Renovate the Public Service Pierre Avignon Civil servants and public sector employees have the feeeling that no good is to corne from the liberalisation of the public sector which is being encouraged by the European Commission, thus leading to a wide-spread feeling of defiance towards Europe. The question remains, therefore, as to the existence of a real political desire capable of promoting a social conception of Europe which is respectful of the security of employment in the public sector. But this objective cannot be achieved without recognition being given at European level to a distinct legal regime applicable to public services, and without an agreement of ail personnel concemed to demonstrate effectively that their status does not only confer rights upon them but also confers specifie duties towards the collectivity and towards their fellow citizens.

Are Citizens at the Heart of the Public Sector ? Roland Gaillard Our trade union insists upon the fact that administrative reform, passing through renovation of the public service, has now arrived at State reform, without at any stage allowing the citizens of this country to be consulted on the consequences in the area of the institutional organisation of the "unitary and indivisible" Republic and with regard to the mode of operation of our democracy as developed by our culture and our history. Are the govemment's proposais capable of responding better to the aspirations of ail citizens and of reinforcing democracy within our country ? Can they better ensure social cohesion and national solidarity ? Can they better promote the principles of equality and secularism of the Republic ?

State Reform in the Interest of the Nation The General Union of Civil Servant Federations (CGT) Following the demonstrations in november/december 1995, the Government in march/april 1996 entered into a pseudo-dialogue about the State reform. The procedures used are aimed at restricting trade union independence, and transforming consultative bodies into rubber-stamping ones. The time has arrived for an indepth restructuring of public services in order to adapt them to the interests of the major groupings, in accordance with the implementation of European directives and the Treaty of Maastricht. However, the primary criterion for public service intervention must be social effectiveness rather than financial profitability.

The Conditions for the Success of State Reform and the Modernisation of the Administration Jean-Pierre Gualezzi Confronting a question which is eminently political, but the handling of which will rebound upon the future of millions of employées, public sector trade unions must, more so than in other areas, take their full measure of responsibility. But this is subject to two conditions. Reform should put into question neither the very essence of the notions of State and public service, nor the fondamental guarantees from which public sector employees benefit. Reform must be undertaken for, and with, employees and should not represent a form of entrapment for them. Hence the necessity to accompany reform with intense and appropriate social dialogue.

Social Relations and New Public Management Trade Unionism in the British Civil Service from 1973 to 1996 Christopher Clifford In the last few years, profound changes have been made to the civil service which have called into question some of its fondamental concepts such as that of the "model employer" and that of a unified public service. The new techniques of management which have been adopted by agencies short circuit the mechanisms form formai negociation. Trade unionism, which has been widely affected by this fragmentation in the public service, is being required to rethink its organisation.

Social Regulation for Public Enterprises : What Sort of Regulation is Required ? Pierre-Eric Tixier Situating the client at the centre of their activities, public enterprises have recently been looking towards improving their service. The resulting policies have been at the origin of numerous social conflicts. Three examples (EDF, RATP and the postal service) illustrate the problems inherent in the social regulation of public enterprises. In order to find solutions to these problems, it is necessary to take into account the form of any social compromises made, the structures in place for enabling representation, and the question of outcomes.