New terms for collective action in the public sector in Denmark: Lessons learned from the teacher lock-out in 2013

Abstract

This article investigates the use of collective action in the public sector by analysing the Danish teacher lock-out in 2013. The social partners in the public sector in Denmark (and the other Nordic countries) engage in negotiations and reach agreements regarding wages and working conditions in accordance with an institutional set-up developed in the private sector. This also applies to the use of the so-called weapons of conflict – strikes/blockades and lock-outs/boycotts – in connection with labour disputes if the parties are unable to reach agreement through negotiations or mediation. But there is a big difference in the premises and conditions upon which collective industrial conflict as an institutionalised form of collective action proceeds when comparing the public and private sectors in Denmark. The article shows how the use of collective industrial conflicts in the public sector has a number of built-in systemic institutional flaws, as the public employers are the budgetary authority and legislators at the same time. This is not a new finding; however, these multiple roles become problematic when public employers use the lock-out weapon offensively in combination with state intervention to end the dispute, which was the case during the teacher lock-out in 2013 in Denmark. The article concludes with the presentation of a number of proposed institutional adjustments for bringing the public bargaining model into balance.