Photo de Martin Wilhelm
Demonstration in front of the Mulhouse judicial court
The inter-union CGT / FO / UNSA / CFTC / CFDT) called this Monday, September 13 for a rally in front of the courthouse in Mulhouse, at 9:30 a.m., to denounce the proceedings initiated by the public carrier Solea, against the unions Force Ouvrière and CGT for strike notices deemed obsolete.
According to information obtained by the newspaper Alsace, the management lawyer allegedly accused the CGT strike notice of being “imprecise”, and said of the FO notice that it would involve a “Endangering users, at the time of the disengagement time and when the striking staff find themselves in the middle of their service”.
The balance of power thus seems to be stretched even more between employees and their management during this social movement.
Questioned by our colleagues from France Blue, the intersyndicale indicated that it “No intention of releasing the pressure and getting organized to intensify the movement”.
The union’s determination seems obvious, and it takes place in a context where the management has frozen wages, and only wishes to dialogue on a few points related to working conditions. As illustrated by the letter sent by theWHAT to the general management of the company, on September 9:
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A social orientation that is hardly audible for the representatives of the employees, as much social anger and frustrations have accumulated throughout the months of epidemic exposure, during which the Mulhouse public transport company has never ceased to operate, thanks to the commitment of the “second line”Made up of its drivers.
We could not reach the management of the transport company. However, it is rumored that, in addition to a possible lapse of strike notices, the management would also reproach the inter-union for the choice of a questionable form, otherwise “beaded“, of strike.
Back to the concept of strike
The strike is a collective cessation of work. It is an individual right, exercised collectively. It is not necessary that the work stoppage was triggered at the appeal of a union, it can be triggered spontaneously, in reaction to a decision of the employer.
The aim of the strikers is to bring (or remind) their employer of unfulfilled professional demands.
Surprising as it sounds, there is no legal definition of a strike. Also, most of the applicable law during a work stoppage has been defined by case law. That is to say by all the assessments left on the occasion of a judgment by the courts having had to deal with disputed cases on the practical exercise of the right to strike.
Case law, in the “silence” of the law, therefore defines a strike as a collective and concerted cessation of work in order to support professional demands.
The strike therefore implies a total cessation of work. This is not the case with the “pearl strike”, some of which improperly accuse drivers of. Solea to want to practice.
The courts have defined the “pearl strike” (or slowdowm in English) as a deliberate slowdown in production or the pace of work. It is no longer a question of claiming, but of harming.
The “pearly strike” therefore does not constitute a valid method of exercising the right to strike. It is assimilated by the judge to a culpable non-performance of the employment contract, which in theory authorizes the employer to sanction the employee.
However, the striking drivers of Solea cease their work altogether, for short and repeated periods (whether several days a week, in the morning or in the afternoon), after filing a notice (that the management of Solea formally contests besides). With regard to the definition of a strike, this method of action is therefore perfectly legal.
In addition, the judgments of the courts may change after some time. We then speak of “reversal of jurisprudence“.
Hence the fact that employees and employers often find themselves in court to seek arbitration from a judge.
The fact remains that the social movement within the company is taking root and is probably not about to end. The lines Solea will therefore still be impacted on Wednesday September 15 by the strike movement, this time between 6.30 am and 8.30 am.
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