The Supreme Court has decided to confirm the nullity of Alcoa’s ERE that the company raised for 524 workers at the San Cibrao plant in Lugo. The judges of the social court have decided to reject the company’s appeal against the sentence of the Galician courts that annulled the collective dismissal sought by the company “because they understood that the company had incurred in bad business faith during the consultation period” .
Alcoa presents an ERE for 524 workers and announces that it will stop production at the San Cibrao plant
At the moment only the ruling has transpired, the full sentence of the high court will be known in the next few days. The Superior Court of Xustiza de Galicia understood in December last year that the ERE was an excuse for the steelmaker to close the factory. His offers to do an ERTE were intended to “dress the same, but in a different way” as it continued to allow the company to “terminate employment contracts.”
The company, according to the ruling of the Galician courts now confirmed by the Supreme Court, artificially delayed the process of consultations with the workers to obtain a sale of the plant. The judges already warned in the first instance that the Xunta itself warned the company “up to ten times” that it should extend this consultation period, but the company only agreed “at the last moment and with resistance.” His argument was “stubbornly” to insist on the high cost of keeping the vats going.
The ERE has not been and will not be executed. The TSX forced the company to paralyze the collective dismissal process until there was a final judgment that, finally, has proved the unions and workers right.
The Supreme Court ruling does not mean the end of Alcoa’s legalized labor disputes in relation to several plants in the north of the country. Last June, the National Court ordered the compensation or relocation of the workers at the Avilés and A Coruña plants after their sale to the investment group Parter Capital. The judges considered that the part of the agreement that obliged to reindustrialize both work centers and keep the jobs opting for a serious, solvent and rigorous buyer was breached. Parter Capital, according to the National Court, does not meet those requirements.
The sale of these two plants is also being investigated by criminal means in the same National Court. Judge María Tardón admitted a complaint to be processed in December last year and has recently forced the directors of Grupo Industrial Riesgo to return 13 million euros to guarantee the viability of both production plants.