Industrial Tribunal asked to stop Enemalta action

Enemalta Corporation has filed an application at the Industrial Tribunal requesting a solution to the ongoing industrial dispute with the General Workers' Union.

The corporation has asked the tribunal to order the GWU to immediately halt the industrial action.

Enemalta said the industrial dispute with the GWU came into effect after discussions between the parties had failed. The dispute, according to the declaration made by the union in the conciliation phase, was about the staff complement that was required in the aviation and generation sectors.

When the union and Enemalta's management failed to reach agreement on the terms requested by the union, the GWU had immediately given notice of industrial action without observing the terms and conditions of the collective agreement between the parties. Furthermore, the union had adversely affected essential services, again in violation of the collective agreement between the parties, Enemalta said.

When the industrial action affected Enemalta's ability to provide the essential service of refuelling aircraft at the airport, the corporation had ruled that those workers who were refusing to carry out their duties would not be allowed to attend work as they were not providing essential services for the country.

In terms of the collective agreement, it was decided that those workers who did not accept to carry out their duties, and who were observing an illegal union directive, were to be considered as not entitled to attend for work. The workers were therefore suspended from work until they indicated that they were ready to perform their duties.

The union had objected to this measure, even though it had refused to discuss the issues at stake with Enemalta and had insisted upon the reinstatement of the suspended workers. As a result, a deadlock subsisted between the parties.

In yesterday's application, Enemalta and the government (as shareholder in the corporation) declared that they firmly believed in the right of a union to order legitimate industrial action. They also firmly believed that workers were entitled to protection when observing legitimate directives.

The crux of the matter, however, was whether the action taken by the union in this case was to be considered as legitimate. Enemalta further submitted that the collective agreement was a contract between itself and the union and the two parties were expected to adhere to the terms and conditions of this contract. The GWU could not, therefore, expect the corporation to scrupulously observe the terms and conditions of the collective agreement while the union could violate the agreement with impunity.

Enemalta submitted that the union had acted illegitimately when it had ordered industrial action in the aviation sector. The union, it added, had failed to give notice of industrial action and had also clearly indicated it had no intention of so doing. The corporation further submitted that the industrial action ordered by the union was in violation of the specific provisions of the collective agreement and also in violation of the spirit of such agreement. As a result, when industrial action was in violation of the agreement those who participated in the action were not granted immunity at law.

Enemalta added that the abusive action on the part of the GWU was not an isolated incident but it was the third time that the union had acted abusively in the space of a few weeks. The GWU, Enemalta said, had ignored the provisions of the collective agreement at Malta Shipyards and had even ordered industrial action at Maltapost when it was not even the recognised union in that enterprise.

Enemalta asked the tribunal to declare that the corporation's stand was reasonable and that there was, therefore, no basis for the industrial dispute to continue. The tribunal was also asked to order the GWU to immediately halt the industrial action in connection with the dispute and to order the union to immediately continue discussing the matter with the corporation in good faith and with the use of the conciliation process.

Enemalta further asked the tribunal to recommend that no industrial action be taken save as a means of last resort and that if conciliation was not successful then any dispute had to be referred to the tribunal.

Dr Andrew Borg Cardona signed the application.