Bus operator brands tonight’s UHM strike ‘illegal’
● Warns employees of pay cuts ● Government expresses disappointment
Malta Public Transport said yesterday that a two-hour strike planned by the Union Ħaddiema
Maqgħudin for this evening is illegal and warned that any employees taking part could face disciplinary action, including pay deductions.
The UHM said yesterday it had ordered MPT employees to stop working between 6pm and 8pm this evening. It said that it had ordered the strike because, despite the fact that an industrial tribunal confirmed that a verification process was needed for union recognition, the public transport employees still cannot join a union of their choice. The union has for months been presenting evidence showing that it represents the majority of workers – a claim also made by the General Workers Union – but no verification exercises have been carried out. During the two-hour strike, the employees will be addressed by the union secretary general Josef Vella.
In a letter to the UHM, however, Malta Public Transport said any such strike is illegal. It noted that the Civil Court had upheld a request filed by the GWU to stop MPT, the Registrar of Trade Unions, and the UHM itself from carrying out any verification process whatsoever and which also stops the Company from granting any full or partial recognition to the UHM.
As such, any demand by the UHM for a verification process to occur at this present stage is a demand to act in contempt of a court order. It is also unreasonable and unlawful. Consequently, any industrial action taken on the basis of such an illegal demand would in itself be illegal.
Furthermore, the UHM is aware that its attempt at stopping the company from negotiating with the presently recognised union was quashed by the Civil Court in the decision of 3 March 2015 on the basis that one cannot presume that the UHM effectively holds the majority of members in any category of workers and that in any case, the UHM does not enjoy the right which it claims to have.
The Company further reminded the UHM that it operates an essential service as defined by the law which limits the extent to which such services can be disrupted on the grounds of any lawful industrial action, let alone an illegal one.
MPT called upon the UHM to withdraw the proposed illegal industrial action, which will inevitably result in service disruptions to the detriment of the general public. It said it shall have no option but to hold the UHM responsible for all and any disruptions, damages and financial losses that the company may incur.
It also warned that employees who take part in any illegal industrial action, “shall be deemed to constitute unauthorised abandonment of duties, which will re- sult in automatic deductions from pay and gross misconduct which shall be subjected to disciplinary action.”
The Company reiterates that its priority is for the employees to enjoy their right to choose the trade union of their choice and therefore calls upon the UHM to immediately withdraw its Directive and to cease from the taking of any such disproportionate measure which only serves to aggravate the situation and which does not benefit the employees in any manner whatsoever, not to mention the negative impact on the bus users who depend on our bus service.
Government expresses disappointment
Meanwhile, in a statement, the government expressed disappointment at the decision and said it was a shame that the government’s appeal for such an essential service not to be given undue troubles has fell on deaf ears.
The government said the decision will cause difficulties for a large number of people who make use of the service and depend on it and appealed for the directives to be withdrawn.