Get back to work, or we’ll hire permanent replacements to take your jobs! That’s what management at Robert Bosch, a German multinational firm with 270,000 employees worldwide, told union members who exercised their right to strike in December 2005.
Bosch’s message might come as a surprise to anyone who reads the company’s website, which promises “respect and support” for international labor standards, especially International Labor Organization (ILO) norms on workers’ freedom of association. Bosch’s threat directly contravened an ILO standard that says threatening or using permanent replacements to break a strike violates workers’ freedom of association. Bosch’s threat also ran counter to labor practices at home in Germany and throughout Europe, where permanent replacements are prohibited or, in the case of Germany, simply unheard of. No employer has ever tried using them there.
The 2005 strike wasn’t taking place in Europe, however, but at Bosch’s packaging equipment plant in New Richmond, Wisconsin, where the company was demanding wage cuts and higher health- insurance payments. Bosch acted legally under U.S. labor law, which uniquely allows employers to permanently replace workers who strike. Most other countries permit only temporary replacements. Some prohibit replacements altogether. Faced with permanent replacement, the Wisconsin workers returned quickly on management’s terms.
If Robert Bosch lived up to its commitment to ILO standards, it would not have exploited weak U.S. labor laws to play the permanent-replacement card. This difference between rhetoric and action is the heart of a new report by Human Rights Watch, which I authored, on violations of workers’ freedom of association in the United States by European multinational firms. The report shows how European corporations claiming commitment to international labor standards have a blind spot when it comes to workers’ rights in the United States.