Resisting in an unfavorable context. Legal mobilization by Chilean trade unions (1990-2013)

• In Event: New tendencies in Latin American trade unions

Abstract

Since the neoliberal reforms of the 1980s, Chilean trade unions have faced an unfavorable context for its development and have lost influence in entrepreneurial decisions. Notwithstanding the difficulties, there has been an exaggeration about the passiveness of union organizations in the literature, which ignores the efforts they have made to survive and to improve workers’ conditions. This paper presents an analysis of legal mobilization by trade unions since the reinstatement of democracy in 1990. Based on statistical analysis of the survey ENCLA, interviews with attorneys and with work inspectors, and two focus groups with union leaders, I show that trade unions use courts and the Labor Inspection as a key strategy of resistance. I further discuss why union leaders invoke Courts and Labor Inspection instead of others contention strategies and what the impact of this strategy has been for Chilean workers. Through this analysis, the paper seeks to contribute to the predominant scholarly interpretation of Chilean trade union development since 1990.

Author

• Francisca Gutiérrez Crocco, COES/FEN-U.Alberto Hurtado