Mark Micallef
'Illegal' clause in call for expressions of interest
There was a fresh twist to the deadlock between the government and the General Workers' Union over the privatisation of the shipyards yesterday, when the union termed "illegal" a clause in the call for expressions of interest that the government published in international media on Monday.
The freshly hatched dispute concerns a section which states that buyers will not be obliged to take on any of the current employees.
GWU secretary general Tony Zarb said yesterday that the Transfer of Business Act, which was transposed from EU law into the Maltese statue book last year, stipulates that a business changing hands "shall not constitute sufficient grounds for dismissal of employees by both the seller and buyer".
The government reacted later in the day, saying the clause was included because the number of workers on the books still had to be determined once the retirement schemes process was over.
Moreover, the government does not want to have bidders using the fact that they are taking on employees as a bargaining tool, the government added. Yet, theoretically, if no bidder takes any of the workers who do not take up any of the retirement schemes, the government would enter a legal bind.
Addressing shipyard workers outside the yards' main gate in Cospicua in an impromptu meeting which was called in reaction to the call, Mr Zarb insisted that the union would not accept such an outcome.
One of the bones of contention between the government and the union centred precisely over the union's call for the government to give workers an employment guarantee.
But while Finance Minister Tonio Fenech consistently excluded this demand, he said the government would only guarantee a future to the workers if the privatisation process succeeds.
That outcome has been tied, on the government's part, to the reduction of the present workforce, which tops 1,600, to about 700.
Despite the warnings to the government, Mr Zarb was rather placid, unlike union section secretary Sammy Meilaq, who was cheered on by his mates the minute he mouthed the first sentence.
He announced that a manifestation would be held today in Paola for the workers and their sympathisers, yet later the union clarified that the gathering would be a meeting only and not a demonstration.
He insisted that the union was not against the privatisation and was not even trying to dissuade anyone from taking up the early retirement schemes on offer.
"We are just telling workers to wait for the time being, especially seeing that the deadline is in September," he said.
Mr Meilaq, however, took it one step further, saying the union could not be blamed, given that the government was not trustworthy.
"This is a government that says one thing in February and does another in May," he said to a loud cheer, referring to pre-general election statements by the Prime Minister that the government had no plans to downsize the 'yards.
"The government is basically saying, 'I'm now comfortable in Castille, I don't care about you anymore'... what we're being offered is not a choice, it's like being taken to the edge of a cliff and told: Now you either give me everything or you jump. That's no choice," he said.
20 Comments
Post comment
Please sign in or create your Account to post comments.
Jeremy J Camilleri
Aug 13th 2008, 19:58
Joseph Agius...U state your case by quoting a mistruth. I did not agree with the transport strike...what I did say was that they, like many others had been misled. I stand by my point that no government no matter the party should be allowed to promise something, and then back track....be they mlp, ad or PN..Your resorting to lies doesnt help your argument.
As to Joseph muscat..well..to be honest I don't know what this has to do with the dockyard issue, but that just goes to show your true colours....but while you're at it..Joseph Muscat has mentioned the CEO idea WAY before he was even elected. Actually, if you would be decent enough to read all the news, you would realise that the CEO idea was in the 2003 election defeat report commissioned by Labour.
Jfarrugia continues to confirm the hatred in his blessed Catholic heart....without stating ANY facts he just keeps on calling his brothers names, aimed at hurting them as to logic...I suggest you look the word up...I have asked a number of logical questions you have not tried to answer...
and as for J briffa...you tell me...you're the one who stated the FALSE fact
Joseph E Briffa
Aug 13th 2008, 18:20
Jeremy Camilleri; if SM is not a GWU rep then what was his function there?
Joseph Agius
Aug 13th 2008, 17:46
@ r muscat
you raised some interesting points and I agree with most of them. Maybe that is why I desperately need a good alternative government.
R Muscat
Aug 13th 2008, 17:31
@Joseph Agius
And whilst you're fantasizing outside the box, we might start considering electing proper leaders in govt. We're all fed up of pre electoral talk and post electoral excuses. Obviously, TOM's readership only consolation is opening fire on those who oppose. The Flimkien kollox possibli syndrome is (as always) one sided. In typical pn methodology, minions pick on certain issues fomenting discontent and no-noing either MLP or GWU, when things are not going well back in Denmark. Lest we not forget the use of the inevitable catch phrases like "closure is the only solution". J Farrugia answering back is pristine!
The minds have already been set. Govt wants to get rid of MDD (being the historic breeding ground of his opponent). There's no arguing about it. Whoever has anything to say is out of his/her mind. TZ should resign. SM should find another job. Joseph Muscat should go back to Brussells and Jeremy J Camilleri should call it a day ... or buy MDD
Joseph Agius
Aug 13th 2008, 16:54
@ jeremy camilleri
you are only one of the few who agree with the irresponsible actions of the transport association, the whims and gaffes of some of the mlp officials and the suicidal actions of the gwu. What I fnd shameful is that the delegates who elect them do not see beyond their noses. They are out of touch with the civilised moderate majority of people who want peace, harmony and progress (just like Joseph Muscat after all!!!! bet he agrees with me as well!!)....so maybe the answer is educate the delegates!
But then come to think of it, even Joseph Muscat seems to have fallen to your suggestion of ...'Osama bin laden choosing the pope'....cause he is suggesting He would be choosing the CEO!....is he smelling something fishy with the 'delegates choice'?!
J Farrugia
Aug 13th 2008, 16:13
Jeremy J Camilleri you'd better call it a day. If you want to pay through your nose for laziness and bankruptcy then buy MDD. Put your money where your mouth is. Sammy Meilaq was one of the key players when he was Chairman of MDD and he ridiculed all the money that PN Government gave to the MDD> So stop your futile defence. There is no defence left except closure. And the people of Malta has had enough of louts. And there is no Catholicism in this. Only logic.
Jeremy J Camilleri
Aug 13th 2008, 16:11
Maybe Joseph AGius should have his own say in electing an organisations officials....
It is shameful that these officials are elected by the organisation's delegates! how unfair...
what next....Osama Bin Laden choosing the next pope?
Joseph Agius
Aug 13th 2008, 15:45
@alfred farrugia
yep we should start thinking outside the box. How can we make sure that we elect responsible officials on our associations, unions or administrative councils! Aren't we all fed up with the transport association officials, the general workers union officials and the MLP administration?
Alfred Farrugia
Aug 13th 2008, 15:29
Has it occurred to the GWU, and the government, that privatization of the shipyards or their closure need not be the only two options? With a drastic reduction of the labour force and overheads, and the appropriate management, is it not possible for the shipyards to became viable, or at least survive without further subsidies? If a private enterprise can run the shipyards successfully, why cannot a public corporation do the same, all other things being equal?
If there were only two options and a fixed deadline, would not bidders have the upper hand? I believe that the present government has better negotiating skills than it is showing in public.
Has the GWU consulted the Hon. Dr. George Vella to explain to it how could the government negotiate the extension of the deadline beyond 31 December on the basis of EU documents, without re-opening the accession package? Is it not time for the GWU, and maybe the government, to think outside the box?
Jeremy J Camilleri
Aug 13th 2008, 14:14
Karl Abela...lets state facts..and answer questions....
Did the Government promise these workers anything before the election?
The point here is the legality of this issue...
Does the transfer of business act exist? if it does, do you believe that the Government, any government for that matter, has a right to ignore a law it drafted?
Just a yes or no will do..I m not really that demanding......But I guess you''ll do your best to twist it around...
As for Joseph E Briffa..Sammy Meilaq is NOT the union section secretary.....Mark Micallef made a mistake there...so your reasoning is based on false facts....Pity!
As for his keeping the status quo, I suggest you re read ALL the news regarding the docks.....you have understood nothing my friend....
DVella
Aug 13th 2008, 13:49
Huh... Sammy Meilaq and the jokers of the GWU should get a life and realise that with their mentality and sorry antics they are nothing more than a bunch of sad Marxist-pretentionist have-beens . . . . just like their mentor Dom!
Karl Abela
Aug 13th 2008, 13:37
The MLP realised that it needed a reform. When will the GWU realise that it’s their turn? If Sammy Meilaq is trying to take over from Tony Zarb than God help us. They compare the attractive early retirement scheme with a jump from a cliff? I mean seriously ….
The GWU never had a clue of the PN electoral promises. Their allegation of the government breaking promises is a fat lie.
Edwin Formosa
Aug 13th 2008, 12:39
Mr Mejlaq I am starting thinking that Mintoff's description of the MDD workers way back in the 70's was correct then!
albert spiteri
Aug 13th 2008, 11:47
Fomenting rebellion! Is union action and protecting workers interests fomenting rebellion? What do you call what the performance by our own transport louts a month ago?
Joseph Mangani
Aug 13th 2008, 11:45
Instead of quoting Mr Mejlaq for words he never uttered, better taking good note of that phrase expressed the other day by Minister Tonio Fenech in the sense that “ the right of a union was to be informed not to reach an agreement". I'm sure that if the Finance Minister were to sit for SEC Social Studies or more so for Advanced level in Sociology he would fail miserably. Industrial Relations in democratic countries especially EU ones are simply never interpreted that way. Thatcherist bullying in Europe has for years lost all credibility.
C. Borg
Aug 13th 2008, 11:29
PN went back on it's pre-electoral promises to hunters and now to MDD workers ... both groups unpopular with the general public ... but doesn't change the fact that the government went back on it's word.
What happens when the government steam rolls over you??? Who is going to stick up for you??? Wake up people ... this is a mockery of democracy.
Joseph e Briffa
Aug 13th 2008, 11:10
I see the reasoning behind Sammy Meilaq's statements: he is the GWU section secretary and therefore he must be seen to be doing something for the workers. Moreover he is enjoying a hefty salary and it is understandable that he wants to keep the status quo. That said, it must be remembered that SM has contributed immensely to the sorry plight of the MDD. Taxpowers cannot however be expected to keep pumping in more millions in this defunct establishment. More than enough money has been thrown down the drain and the government would be irresponsible not to put an end to the squandering of more public money on this lame duck. The wound has been festering for far too long and needs to be lanceted. The intelligent workers will take the generous retirement schemes; the dead wood will not and listen to the TZ and SM .They will rue the day. Come 2009 they will be on the dole without any form of financial compensation.. The GWU has already shot itself in the foot in the Sea Malta and the Phoenicia cases. Unless it changes its attitude the MDD will be its hat trick.
Jeremy J Camilleri
Aug 13th 2008, 11:04
Either J Farrugia is on wacky backy, he can't comprehend written English, or he has a hidden agenda apart from that of being a modern day Catholic crusader.
The article here is simple. There is a law. Laws should be honoured by both sides.
If this law is fictitous, then the GWU is way out of line.
If not, and this law does exist, than the Government is duty bound, and legally bound, to honour it.
I hope you are not suggesting that the Government is above the law, and, since people like you are as easy to predict as a cuckoo clock, if you want to bring up certain events that occured during the 80's, I'll make it really simple for you...it is ALWAYS despicable when ANY Government thinks that it is above the law....No matter who, no matter when!
As regards to calling people crazy..My oh my, How anti Catholic..I'm shocked...well..not really...but you should get it!
J Farrugia
Aug 13th 2008, 09:42
If Sammy Meilaq thinks that he can foment rebellion and tries to arouse trouble in order to throw out the PN government he is crazy. and he better thinks it twice. It is he who is illegitimate since he ruined the MDD since the 70s. As also during his tenure of office as the craziest Chairman of the MDD. The Government is there to stay and no MDD will bring it down to its knnees. The People is behind the Government. It's about time to put these 'privileged' workers in their proper places. Let's go for it.
Joseph Agius
Aug 13th 2008, 09:25
While we are at it could we have an earthquake also inside the GWU?...if anyone can help it will be greatly appreciated by all Malta!