The current industrial dispute between the management of the national carrier Air Malta and the Airline Pilots Association, ALPA, is not a storm in a teacup.  Air Malta filed an injunction against ALPA in order to prevent the Association from ordering any industrial action that could impede the Company's operations, compromise its financial position or affect ongoing negotiations with potential partners.  ALPA filed a reply to protect its right to take industrial action.  Earlier, ALPA has resorted to ‘symbolic’ industrial action. I will not delve into the issue but rather state the obvious, which at times may be overlooked.      

Healthy industrial relations cannot be conducted and executed effectively unless a high level of trust exists.  Like in all other human relationships, in conducting healthy relationships there are bound to be ups and downs.    However, having said that, there will be instances when a relationship is put to the test; at times due to circumstances that are beyond the control of the parties directly involved.  This is the time where trust plays a pivotal role.     

In conducting constructive industrial relations the parties involved must take each other in the strictest of confidence and confide in each other.  The aim of any employer/trade union negotiation should be motivated by genuine intentions and purposes.  Admittedly, it may be rather difficult to seek the best possible solutions for all the parties concerned; however, good sense should prevail.  

Collective bargaining is a healthy process which should bring the parties involved together with the sole purpose of gaining improved efficiency on the one side and better conditions of work on the other. But I must stress, the latter is not necessarily a sine qua non.     

The parameters in which industrial relations are conducted are well recognised and enshrined in our employment and industrial legislation, and have been tested on various occasions at our courts of law. In this regard it is pertinent to note that Malta has ratified two ILO conventions, namely the 1948 Freedom of Association and Protection of the Right to Organise Convention (No. 87) and the 1949 Right to Organise and Collective Bargaining Convention (No. 98).  Both Conventions were ratified on 4 January 1965.     

In 1952, the ILO Committee on Freedom of Association declared strike action to be a right, and laid down the basic principle underlying this right from which all others to some extent derive, and which recognises the right to strike to be one of the principal means by which workers and their associations may legitimately promote and defend their economic and social interests.

The ILO does not give a definition of strike action which would permit definitive conclusions to be drawn regarding the legitimacy of the different ways in which the right to strike may be exercised. However, some types of strike action - including occupation of the workplace, go-slow or work-to rule and which are not merely typical work stoppages - have been accepted by the Committee on Freedom of Association, provided that these are conducted in a peaceful manner.  Over the years, in line with this principle, the Committee has recognised that strike action is a right and not simply a social act, and has made it clear that it is a right which workers and their organisations, trade unions, federations and confederations are entitled to enjoy.  

During last Friday’s court hearing, Air Malta’s representative made a serious warning. He cautioned that Air Malta is currently €66 million in the red.  This is an astronomical figure on the balance sheet indeed. If this kind of information was not disclosed to the trade unions engaged in the current tough negotiations then this is a serious short coming.  I believe that this was exactly what this piece of information was meant to impart.  However, industrial action should not be restricted in whole or in part, in line with ILO Conventions.  It is for the trade union to shoulder that responsibility.      

But perhaps more worrying is the fact, also revealed in the Court hearing, that if negotiations between Air Malta and Alitalia are not concluded by end of October then our national carrier will go bust.  This statement has wiped off all Air Malta’s bargaining power at the negotiation table with Alitalia.  

May the cooling off period and the temporary agreement reached between the parties at the eleventh hour be used wisely by all parties to iron out differences

 

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