The UK impact
The Balpa Case - A UK
company, British Airways, has already used these judgements against
lawful industrial action. The British Airline Pilots’ Association
objected to BA’s plan to set up Open Skies – a new airline
subsidiary that the union thought could act as a “Trojan horse” to
drive down conditions throughout the airline. An overwhelming
majority of BA’s 3,200 pilots voted in favour of a strike over BA’s
plans. However, BA maintained that even if the strike is lawful
under UK law (having surmounted all the anti-union hurdles) the
union could still be stopped or sued successfully for every penny
in lost business, because – on the back of the ECJ cases - the
strike would breach the EU’s right to business to provide
services.
The union felt obliged to apply to check with
the court that its action is lawful under EU law and ask the Judge
to say if he thinks it is “proportionate”. Balpa withdrew
their case on the third day of a hearing that started on 18 May
2008 at enormous cost. Understandably they decided the
prospect of a long drawn out case and series of appeals might be
too costly and the result may still put them in the position where
they have no protection from being sued for BA’s losses in the
event of a strike. The union have confirmed they will not now
go ahead with the intention to take legal action.
Action to be taken
Unite is building a website that specifically addressing the
problem of these cases. The main focus of the website will be
an online petition for action change the law but there will also be
information on the cases, news bulletins, a list of supportive
unions, the ETUC and European Parliamentary Labour Party’s (EPLP)
position as well as legal documents and a forum for
discussion. This website will be widely publicised to ensure
the maximum amount of signatures are received. If one million
signatures are reached then there is an obligation on the European
Commission to deliberate on the issue.
As the treaties and directives are at a
European level the reversal of these decisions will also need to
take place at a European level. The union will work with
other unions, the ETUC, the EPLP and the European left grouping of
Parliamentarians (which the EPLP belong to) and the Party of
European Socialists (PES).
At this stage the ETUC has drafted a Social
Progress Protocol that makes it clear that the Freedom of Movement
principle does not undermine the established fundamental
rights. The European Parliament’s Committee on Employment and
Social Affairs has also put a motion forward on the same point for
the European Parliament to support.
Unite is considering particular options for
changing the law to deal with the fundamental problems that the
cases have caused and will take action to ensure their
implementation.
For any of the actions taken in support of
reasserting the primacy of fundamental rights at a European level
the union will work to publicise the issue, lobby and campaign
vigorously both domestically and at the European level.
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