Malta Public Transport warned the UHM today that a bus strike it had ordered is illegal.
The UHM said this morning that it has ordered workers of Malta Public transport to strike tomorrow between 6p.m. and 8 p.m.
The issue is over trade union recognition, with the GWU also claiming to represent the majority of the workers.
The UHM said that despite an Industrial Tribunal decision calling for a verification exercise, the workers had to date still not been granted the right to choose their union.
The UHM said it has for months been presenting evidence to show it represents the majority of the workers. Yet the verification process had not been held.
The union will hold a meeting for the workers during the strike.
BUS COMPANY'S REPLY
In a reaction, Spanish-owned Malta Public Transport said the strike would be illegal in terms of Maltese law.
It said that as the UHM was well aware, no verification exercise could take place because of a warrant of prohibitory injunction issued by the Civil Court at the request of the GWU. The court's temporary decision also stopped the company from granting any full or partial recognition to the UHM.
The demand for a verification exercise was therefore a demand to act in contempt of court. A s a consequence, the strike would be illegal.
Furthermore, the company said, the UHM was aware that its attempt to stop it from negotiating with the presently recognised union (the GWU) was quashed by the Civil Court on March 3 on the basis that one could not presume that the UHM effectively held the support of the majority of the workers.
The company also pointed out that it operates an essential service in terms of the law, which limits the extent at which the service may be disrupted on the grounds of any lawful industrial action, let alone an illegal one.
The company asked the UHM to respect the court's order and to withdraw its strike directive. It also held the union responsible for damages should the strike go ahead.
THIRD MAJOR ISSUE OVER UNION RECOGNITION
This is the third major industrial action ordered because of a dispute over trade union recognition.
The GWU over the weekend ordered a work-to-rule and go-slow at Malta Freeport, where it is also locked in a dispute with the UHM over recognition. The industrial action was lifted on Monday while talks continued.
The UHM also delayed the opening of childcare centres on Monday because of a recognition dispute with the MUT.
The Malta Employers' Association has protested over the impact on the economy which such disputes have, saying companies were negatively affected by issues which did not affect them directly. It has called for a legal mechanism for such issues to be resolved.