The ratification of the Maastricht Treaty, with its opt out provision on social policy, made the adoption of the Works Council Directive a certainty. In that new era, American managers in the EU apparently changed their strategy. They did not openly oppose the proposal but rather left the initiative to UNICE, the European employers association. They rightly determined that UNICE would be able to gain concessions in the final version of the directive even if they could not block it.
Since the adoption of the directive, the American managers have been quiet. More importantly they appear to be doing little to take advantage of the three year period in which they may negotiate voluntary agreements. Officials from both the Commission and the American Chamber of Commerce in Brussels agree on this point. Consequently American firms will have to institute works councils as directed by law in 1999.