How to Shut Down an Independent Trade Union
The reason for the rapid dissolution of Alexei Etmanov’s union was a complaint about what it does: defending the rights of workers
January 12, 2018
The St. Petersburg City Court’s decision to dissolve the Interregional Trade Union Workers Association (MPRA) at the request of the prosecutor’s office has not yet come into force. But the case itself clearly illustrates the current regime’s suspicious attitude towards independent trade unions that do not restrict their activities to handing out discounted holiday packages and tickets to children’s New Year’s celebrations.
MPRA was registered in February 2007. Its core consisted of the trade union of autoworkers at the Ford plant in the Petersburg suburb of Vsevolozhsk, famous for its pay rise demands and defense of workers’ rights. The emergence of a trade union that vigorously and effectively defended workers at foreign-owned plants was no accident. There is no legacy at such plants of servile, Soviet-era trade unions, which were once part of the management machine. Foreign companies have been forced to deal with the right of workers to go on strike and other means of self-defense against overtime and layoffs.
According to MPRA chair Alexei Etmanov, his career as a trade union activist kicked off randomly, in part. In 2001, soon after the Ford plant went on line, as one of the leaders of the Federation of Independent Trade Unions of Russia (FNPR) local at the plant, Etmanov was invited to a congress of Ford trade union workers in North and South America. According to Etmanov, it was then he realized a real trade union not only handed out benefits and formally coordinated management’s decisions but also consistently defended the rights of employees from groundless redundancies, unpaid overtime, and other forms of managerial tyranny.
MPRA never concealed its membership in the IndustriALL Global Union, which has fifty million members in 140 countries worldwide, nor did its activities previously trouble the Russian authorities. MPRA’s troubles began after a pro-regime blogger, who saw signs of political activity in the trade union’s work and accused it of hiding its status as a “foreign agent,” filed a complaint with the prosecutor’s office. The complaint led to an audit, and later, in December 2017, the prosecutor’s office filed suit with the court, asking it to dissolve MPRA.
The prosecutor’s key claim against MPRA (Vedomosti has obtained a copy of the lawsuit) was that it received financing from abroad and had not registered as a “foreign agent.” MPRA’s crusade to amend labor laws and its solidarity with protests by Russian truckers against the introduction of the Plato road tolls system in 2015—the ordinary work of a normal trade union in a country with a market economy—have been depicted as “political activity” by the prosecutor’s office. The lawsuit also includes claims that appear to be pettifogging, in particular, that MPRA incorrectly listed its official address, that it originally registered in a manner not stipulated by law, and so on.
Yet the lawsuit does not contain any mention of demands by the prosecutor’s office to eliminate the shortcomings it has, allegedly, identified. For example, in 2015, after such demands were voiced and corresponding changes made, the Supreme Court dismissed the Justice Ministry’s suit asking that Memorial be dissolved. In Petersburg, the prosecutor petitioned the court to dissolve the trade union, no more, no less. According to Yulia Ostrovskaya, a lawyer at the Center for Social and Labor Rights, this is excessive punishment. The judgment for the plaintiff is tantamount to calling into question Russia’s observance of the International Labour Organization’s Convention No. 87 on Freedom of Association and Protection of the Right to Organize, signed by the Soviet Union in 1956. The convention’s third article guarantees the right of workers and employers to draw up their own constitutions and rules, freely elect their representatives, and formulate their own programs, while the fourth article states that professional organizations shall not be liable to be dissolved or suspended by administrative authority.
The circumstances reflect the regime’s growing suspicion toward independent trade unions that have not joined the Russian People’s Front (the FNPR joined the Front in 2011, for example) and insist on defending the rights of workers, notes Pavel Kudyukin, a council member at the Confederation of Labor of Russia. Authorities in some regions have accused the MPRA that they scare away investors, while courts have ruled that IndustriALL’s brochures are “extremist.” If, however, the Petersburg court’s decision is upheld by the Russian Supreme Court, it would be a terrible precedent, argues Kudyukin. All trade unions could declared “foreign agents,” include pro-regime trade unions, since many of them of belong to international trade union associations, from which they receive funding for training activists and making trips abroad.
Labor protests in Russia in terms of percentages of those involved, 2008–first half of 2017. Red = spontaneous; pink = trade union locals; dark blue = national trade unions; gray = workers’ committees; light blue = political parties and grassroots organizations; pale blue = other. The percentage may exceed 100% if several actors were involved in the same protest. Courtesy of the Center for Social and Labor Rights