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ETF writes to CANSO about industrial actions

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To Graham Lake
CANSO Director General

To Guenter Martis
CANSO Director European Affairs

Dear Directors,
In the Graham Lake's CANSO Blog, dated on 8 August 2011, it is written “How much longer must society continue to tolerate these selfish, irresponsible characteristics that blight the professional reputation of Air Traffic Control in Europe" (the text is referring to recent Air Traffic Management strikes) and “to preserve or improve the already privileged employment terms and conditions enjoyed by air traffic control staff within the context of a monopoly service environment”.

The ETF regrets that Graham Lake does not give the social dimension a primary role in its vision for the next decades and ignores the importance of issues such as working conditions.
The philosophy that seems to emerge is one of absolute trust in the market forces (“The right to strike may be sacrosanct, but the right to monopoly should not be”).

It looks like Graham Lake considers industrial actions as a barrier to be removed in a way or in another. In its White Paper, repeatedly the Commission refers to removing barriers, minimum services, “preserving the mobility of passengers and goods in crisis situations” (are strikes to be considered as crisis situations in Graham Lake’s eyes?), prevention of conflicts and disturbance of minimum services.

Graham Lake elaborates on a mystification over industrial disputes ignoring that the right to strike is a fundamental social right to which trade unions turn as a last resort instead of elaborating on how effective social dialogue and participation of social partners to find common solutions can be strengthened that would in fact help to prevent such situations from happening.

It is the ETF view that the Commission’s proposal to “establish Europe-wide minimum service for workers” goes against Article 153 of the TFEU, which leaves the right to strike as something that is outside of the EU competences. Therefore, the ETF has strongly demanded the Commission to withdraw this proposal, which is in excess of its competences and is an attempt to reduce the right of transport workers to hold industrial actions and strikes and to limit the benefits of meaningful social dialogue and consultation to find socially balanced solutions.

While admitting that conflicts exist, the ETF would like to point out that industrial unrest is a legitimate expression of labour dissatisfaction and long term frustration rather than the cause of disruption in what is called "a sustainable" economy. Measures that ignore the human factor are inadequate and can only lead to further social conflicts.

In addition, Graham Lake wishes to develop the ATCO mobility in order the supply of qualified air traffic controllers be greater than the demand, maybe to introduce competition among workers. Speaking about the right of strikes and the will of Graham Lake to take action, the ETF is suspicious about the intentions of Graham Lake on the mobility of ATCOs.

However social aspects should be considered if mobility of workers has to become a reality in Europe, notably within the framework of the FABs. ETF claims for voluntary mobility only and urges ANSPs involved not using mobility as a tool for social dumping. In line with our policy regarding mobility aspects with the licensing scheme (particularly ATCO license), we call for an equal social treatment between staff. Mobility must not lead to circumvention of existing applicable national provisions governing the rights and obligations applicable to employment relationship between employer and employees. In addition, mobility should not be used against the right of strike.

Furthermore, ETF believes it's mainly the responsibility of CANSO members that, in so many countries, social tensions created social conflicts. Too many CANSO members don't consider consultation and dialogue with unions as a good way to manage social relationships. The usual lack of consultation of our national members around SES related issues like implementation of FABs or SES performance scheme clearly demonstrates this matter of fact.

In a period in which the social partners are joining forces to find the best solutions to implement the SES, integrating a maximum of social dimensions, the ETF considers that the text of Graham Lake is inappropriate and risks to disturb the preparation of the Conference planned later on November 2011.
Inside of this conference, it is foreseen to discuss on the conditions for a constructive social dialogue that benefits the sector and the employees, the social impacts, the joint answers and the management of change.

Finally, at the last SD meeting in Brussels and on behalf of the CANSO delegation, Chris Hutchins has asked the other social partners to inform each other prior to any important declaration or statement, which may affect the other social partners. The ETF finds that the Graham Lake’s letter goes totally against this request.

For all these reasons, the ETF wishes to ask both of you for a meeting soon in order to clarify the various points mentioned in the Graham Lake’s letter.

Thanking you in advance.
Best regards,

François Ballestero
Political Secretary

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