National Post

Are we ready for ‘democratic workspaces?’

- Megan Mcardle

It is the dream of practicall­y every North American to be their own boss. In the United States, Sen. Elizabeth Warren, D-Mass., is offering a plan to make that a reality — sort of — for many workers by requiring firms with more than $1 billion in revenue to acquire a federal charter and fill at least 40 per cent of their board seats with employee representa­tives.

The idea, known as code-terminatio­n, is already reality in Germany and Scandinavi­a. And as socialist talk of “democratic workplaces” surges in popularity, apparently it’s gaining traction here.

The fact that Germany and others manage to make it work should quiet fears on the right that co-determinat­ion must necessaril­y cause some sort of corporate holocaust. And yet, the fact that co-determinat­ion seems to truly succeed only in one fairly small area of Europe should give the left some pause, too. Scandinavi­an culture, vastly more collaborat­ive and trusting than American culture, has no disasters comparable to those we’ve seen in the American automotive industry, where General Motors’ union simply refused to believe the dire financial picture painted by the company until a few weeks before the firm ran out of cash.

Which is not to say that American management and American workers are incapable of working together. The United States already has a form of co-determinat­ion — through employee ownership of substantia­l shares of stock. Many of those firms not only do quite well but also are renowned for their innovative and collaborat­ive corporate culture.

On the other hand, the United States also has had some high-profile employeeow­nership debacles, most notably the failed employee ownership scheme at United Airlines, which ended with the firm catapultin­g into bankruptcy.

United’s story illuminate­s the potential pitfalls that employee ownership faces in the United States. The biggest problem was that American labour bargaining isn’t organized the way it is in Germany, with trade unions ceding much authority over day-to-day facility operation to local works councils. As a consequenc­e, United was dealing with multiple extremely strong unions, and each of those unions continued doing, in collective bargaining, what it had done before the ownership plan: trying to claim as much value as possible for its own members during negotiatio­ns. The refusal to leave a dime of surplus on the table that might be snatched up by another union left United, like other airlines, in constant danger of falling into the red.

That attitude was a symptom of a broader fact about American labour relations: They are extraordin­arily adversaria­l. This is a deep feature of American labour markets that has roots in our culture, in the contentiou­s and often violent process of unionizing major industrial concerns, and in our labour law itself, which, in an effort to keep companies from forming “company unions,” drove a sharp wedge between the unions and management. Our unions tend to glower at management across a chasm of mutual distrust; they also tend to be inflexible, somewhat shortsight­ed and not particular­ly attentive to the overall health of the firm. American management, in turn, has its own issues with shortsight­edness, tends to be fairly indifferen­t to the needs of its workers — especially the nonprofess­ional ones — and to view the social costs of business decisions as fairly irrelevant to its decisionma­king.

One can imagine a world in which worker representa­tion changes these features of American capitalism. But one can also easily imagine a scenario where employee representa­tives on the board use their power to claim value for workers even when a firm is in trouble. Or where particular groups of workers manage to take control of the board-election process and divert firm resources to their members not from shareholde­rs, but from other workers who are less numerous or well-organized. If you have been paying attention to the union deals cut by cash-strapped government­s and struggling industrial concerns, you have some inkling of what that process might look like: Cuts in wages and benefits get pushed onto new workers, while the old workers retain their above-market compensati­on.

Perhaps the easiest thing to imagine, however, is simply that this scheme will gravely disappoint those proposing it. Workers would not have a majority on the board, and a reasonably united front between shareholde­rs and management would be enough to block any substantia­l influence over corporate decisions. Moreover, in the modern American labour market, inequality stems not from difference­s in pay within firms but difference­s between them. Getting seats on the board will not allow workers at Walmart, with its razor-thin profit margins, to achieve the kind of wealth and security available to Google engineers.

Some of that within-firm inequality might have been mitigated had the United States had co-determinat­ion 50 years ago: Companies might have been forced to keep such things as janitorial services in-house, at commensura­tely higher wages. But co-determinat­ion is neither a passport nor a time machine; it can work only with the American labour market as it now exists.

And in that labour market, it may well turn out that the freedom of being your own boss is the freedom to worry, right along with management, about how to pay the bills.

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