That turns out Tuesday from a judgment of the district court of Noord-Holland in the summary proceedings that KLM was filed.
The trade unions have the president now, not with the airline continue to negotiate and activists do not have to be in advance with KLM to log in.
KLM was to the right stepped up to enforce the unions of the cabin crew again to sit at the negotiating table instead of that they actievoeren. The company emphasizes that the collective labour agreement states that unions are always a call should enter into before they actions proceed.
But the judge is not in, because the actions of the trade unions is not in conflict with previously made collective agreements.
Also, KLM wanted that activists who work for more than forty minutes will resign, a day in advance to notify the company.
But this is going to the right too far. “The requested registration, in the KLM itself, is for employees intimidating and can have a major impact on the effect. This engages the restriction deeply in in the relationship between activists and KLM.”
Measure
The airline and the unions disagree on a decision of KLM to on some long-haul flights less staff.
Initially wanted the unions further negotiate a new collective bargaining agreement once a dispute over pensions is resolved. Later said the unions that KLM also first the just mentioned measure must revert, before the consultation can proceed.
Although the setup of VNC and FNV Cabin according to the court, as “pretty tough” can be seen to be in violation of any overlegverplichting. In addition, the unions “in principle” be free in the choice of the means to its own goals. Also, according to the court found that the unions not willing to negotiate.
“The court applies restraint in the assessment of the mutual positions in the negotiations and that restraint means that such an intervention is not opportune. The requested provision will for that reason be denied”, in the statement.
Damage
KLM suggested earlier that the actions led to a schadepost of 3.6 million euros. “Financial damage to the employer is, however, almost inherent to collective actions, and will not quickly lead to the opinion that a limitation of the actierecht socially necessary and urgent,” says the judge.
The company has insufficient can demonstrate that such damage disproportionately. Also the court is not convinced that the actions an unacceptable security risk.
KLM
“KLM regrets the decision of the court”, let the company know in a comment. According to KLM takes this decision is disadvantageous for passengers. The company may appeal to the court of appeal and on review.
in Addition, KLM celebrates the importance of a new collective bargaining agreement and a reduction of the costs: “in Order to be able to invest, grow and employment and future prospects to retain, it is necessary that KLM’s costs in accordance with the agreed targets lowers its productivity.”
Associations
“This good news strengthens us in the idea that we have carefully acted. KLM will now really need to go on our requirements in order to prevent worse”, says trade union FNV Cabine in a comment.
The bond reiterates that KLM of the measure must see. “Then can we come to the table to go to the pensioendispuut to resolve collective labour agreement negotiations to be conducted on the basis of equality and without decrees in advance.”
“We’re going to assume that KLM will now see that they are without ex-ante conditionality at the collective bargaining table,” responds VNC.
New actions
earlier on Wednesday announced work stoppages to go through. The participating cabin crew for each flight forty minutes, the work lay.
It comes to KLM flights from amsterdam airport Schiphol, between 5.00 pm and 23: 00. On Tuesday night or Wednesday morning to determine the associations or the actions will then be adjusted.
Since 12 October, the trade unions actions at KLM. The airline has about ten thousand cabinemedewerkers in service.
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