Thursday, March 28

The Constitutional protects UGT for minimum services of 100%


  • The TC declares that not only was it forced to open all the establishments, but the machines were reinforced

The Constitutional Court has protected the State Federation of Services, Mobility and Consumption of UGT, declaring that his right to strike was violated, by setting the Administration disproportionate minimum services without justification, during the strike that took place in December 2017 in the commercial entity Areas, which manages the hospitality establishments of the Adolfo Suárez Madrid-Barajas International Airport, including 100% of the points of sale to the public located on the air side (the one that begins after the security controls) of terminals T1, T2 and T3 and all of T4.

During the negotiation of the collective agreement, the company and the workers did not reach an agreement on the minimum services, for which the Secretary of State for Infrastructure, Transport and Housing of the Ministry of Public Works established that they should open the 12 establishments managed by the entity with the your entire workforce. The union appealed to the National High Court when it understood that those minimum services accounted for 100% of the workers, which violated their rights. The Contentious Chamber considered the minimum services established to be justified and proportionate, and the Supreme Court did not admit the subsequent appeal for processing.

without providing any information

The Constitutional Court, on the other hand, declares that the contested administrative resolution does not provide any element, data or fact that allows to link the right to strike of workers and the right to health of passengers, and that justifies services of 100% of the establishments of the company and the staff. In addition, the service provided through vending machines was reinforced, which meant that “the provision of the essential service for the community was carried out at a higher level than usual”.

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The sentence criticizes that “the administrative resolution considers without more than the usual level of provision of services coincides in its entirety with what must be considered as a minimum element of provision based on the demands of public health & rdquor ;, which means “no longer limit, but completely deprive the exercise of the right to strike to workers in this sector of activity& rdquor ;, without express motivation.

The TC grants the protection to the union, because “the motivation contained in the decision of the government authority shows that the establishment of the agreed minimum services is not proportionate to the resolution of the conflict of interest that it should resolve & rdquor ;.



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