Strike hits flight services at Frankfurt
Berlin, Feb 18, 2012: A small group of airfield traffic controllers caused severe disruptions to the flight operations at Germany’s Frankfurt airport for the second day as they stepped up their strike demanding shorter working hours and higher salaries.
Around 200 traffic controllers guiding the taxiing of aircraft on the tarmac, who struck work between 8 pm and 10 pm local time , forced the cancellation of around 300 flights at Germany’s largest airport. “Airfield traffic controllers are determined to continue our strike until our demands are met,” GdF management board member, Mr Markus Siebers, told a German TV channel.
A seven-hour warning strike held on 14-2-2012 afternoon led to the cancellation of more than 170 flights and severe disruption to the flight operations.
They have been demanding between 40 and 50 per cent increase in their average annual salary of €45,000 and around ten per cent cut in their working hours to compensate for what they claim a “sharp increase in their workload” since the airport opened its fourth runway. Cancellation of flights for the first two days of the strike, Fraport expects a loss of €4 million, the spokesman said.
https://www.thehindubusinessline.com/economy/logistics/strike-hits-flight-services-in-frankfurt/article23069121.ece
8) All-out strike:
A strike that embraces all workers involved in a dispute and that will continue for ‘as long as it takes’ to secure a settlement. All-out strikes can be contrasted with selective strikes that involve only a proportion of the workforce and protest strikes that may last for only a day or two.
Legal provisions on strikes in India
According to Industrial Disputes Act 1947, a strike is “a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment”.
This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer.
In a strike, a group of workers agree to stop working to protest against something they think is unfair where they work. Labors withhold their services in order to pressurize their employment or government to meet their demands. Demands made by strikers can range from asking for higher wages or better benefits to seeking changes in the workplace environment. Strikes sometimes occur so that employers listen more carefully to the workers and address their problems.
Procedure of strikes in India
Proposal to go on strike should be intimated to management by way of prior notice, that is 14 days stipulated time period should be given to the management to respond or react so as to avoid strike . During this 14 days time no workmen should go on strike. Only after expiry of the that 14 days and management fails to respond or resolve issues within that 14 days, workers can go on strike on fixed date by giving notice of strike. Such strike should be done before the expiry of that six weeks only.
Briefly; Strike should be only after the expiry of 14 days of prior notice given to the management.
According to Sec. 22(1)
No person employed in a public utility service shall go on strike in breach of contract-
(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
Commentary
Subsection 1 is applicable to the workmen employed in public utility services and lays down that "no person employed in a public utility service shall go on without following below said steps
Notice of strike (with or without the date of strike) to the employer by their employees is mandatory.
If the date of strike by the employees is not mentioned in the notice such notice is valid for six weeks only.
If the date of strike is mentioned in the notice, the date of strike should not be before the expiry of 14 days from the date of notice of strike according to the clause (b).
Therefore employees should not go on strike before the expiry of 14 days from the date of issue of notice of strike to the employer.
Notice of strike without the date of strike is valid for six weeks only, if employees do not go on strike within six weeks, again a fresh notice of strike by employees is necessary if they want to go on strike.
Employees should not go on strike during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
Significance of "within fourteen days & within six weeks":
The clauses 'a' and 'b' appearing in sub-section (1) of Section 22 are significantly incorporated to prohibit the workmen from going on strike without giving a minimum of 14 days' notice to the employer, a copy of which is also served on the Conciliation Officer. The purpose is quite obvious. It intends to give some time for the employer to consider. over the demands of the workers who are now appeared to be more serious to go on strike in furtherance of their . demand. It also imposes statutory obligation on the Conciliation Officer to commence conciliation proceedings immediately so that the strife between the workmen and employer shall not result in stoppage of work and production.
The sub-section(l) also prohibits the workers from going on strike before the expiry of the date mentioned in the strike (clause (c)). It necessarily follows that such date can be fixed after the period of fourteen days during which workers cannot go on strike (clause b). Now in clause (a) the phrase “within six weeks before striking” is incorporated to determine the effectiveness of the notice given by the workmen. In other words the notice of strike given by the workmen in accordance with Section 22 will be effective only for a period of six weeks, after the expiry of which, another fresh notice would be required. This can be explained more clearly by an example. Suppose workmen give a notice of strike under Section 22 on 1.1.2001 and fix the date to go on strike as 20.1.2001. Now they cannot go on strike before 20.1.2001 as is required under clause c. They cannot fix any date in the notice in this case before 14.1.2001 as they are prevented from going on strike “within 14 days” of giving such notice by virtue of clause (b). Thus the requirements of both the clauses (b) and (c) arc complied with. Now suppose workmen do not go on strike on or after 20.1.2001, the date fixed by them in the notice of strike and kept quite for several months. Then suddenly they go on strike on any day after several months. This situation would defeat the very purpose of the I.D. Act to avert stoppage of work.
Therefore to avoid such situation it is laid down in clause (a) that the workmen cannot go on strike “without giving to the employer notice of strike within six weeks before striking”. It means that, in this example, the workmen cannot go on strike in consequence to their notice given on 1.1.2001 after the expiry of six weeks i.e. 15.2.2001, thus the effect of the notice is confined to a period of six weeks requiring the notice “within six weeks before striking”.
Lastly the workmen cannot go on strike during the period of pendency of any conciliation proceeding before the Conciliation Officer and seven days after the conclusion of such proceedings (clause d).
Same conditions are incorporated under sub-section (2) relating to the employers who, too, cannot declare lockout without following the requirements laid down in clauses (a) to (d) of sub-section 2.
It must be noted .hat Section 2? of the I.D. Act does not totally prohibit the strike or lockout, but requires the parties engaged in Public Utility Service to give notice before resorting to the double-edged weapon of strike or lockout. This was also clarified by Court in State of Bihar v. Deodhar Jha
Facts [+]
New Delhi,2012: Air India pilots was called for strike on May 7 and continued till July 3, is the second longest strike Indian aviation history, has caused loss of Rs. 600 crores to Air India Management. The reasons behind commencement of strike by Air India pilots were irregularities and non-payment of salaries to pilots by Air India management. On this reason 101 pilots were dismissed from the services for not attending their duties to run flights and for causing loss to the management and Air India management approached the Delhi High Court requesting it to consider as illegal strike by pilots. Delhi High Court supported Air India management and declared it as illegal strike on the grounds of not following the procedure of strike. On July 4 Delhi High Court gave them 48 hours to join duty and asked the management to consider their grievances. Pilots on strike have agreed to join duties and also demanded to reinstate dismissed pilots into the services.
Air India management is believed to have offered to withdraw legal proceedings on 11-july-2012 related to the pilots' strike during negotiations before the Deputy Labour Commissioner but little headway was made on the issue of reinstatement of 101 sacked pilots.
On day two of the conciliation (mediation) proceedings, it is understood that there was some amount of cooling off from both sides which had remained adamant on their respective stands on key issues.
General prohibition of strikes and lock- outs [Section 23] of The Industrial Disputes Act, 1947,
General prohibition of strikes and lock- outs.- No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock- out--
(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;
(b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings;
(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub- section (3A) of section 10A; or] [10A. Voluntary reference of disputes to arbitration]
(c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
legal strikes and Lockouts [Section 24 of ID Act 1947]
A strike or a lockout shall be illegal, if employers or worker who ever disobeys or fails to follow [Sec 22, 23, 10(3), 10-A (4-A)] for commencing strikes or lockout, those strikes and lockout are said to illegal.
Section
22 Prohibition of strikes and Lockouts (Notice is mandatory in public utility services)
23 General prohibition of strikes and Lockouts (if said matter is pending before board, a Labour Court, Tribunal or national tribunal or arbitrator as mention under Sec 10 & 10A or settlement or about is in operation)
10 Reference of disputes to Boards, courts or Tribunals
10A Voluntary reference of disputes to arbitration
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
Penalty for illegal strikes and lock-outs. [Section 26] of the Industrial Dispute Act 1947.
Penalty for illegal strikes and lock-outs.- (1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Labour Department of Karnataka declares Toyota Kirloskar workers' strike and company lockout as illegal.
Toyota Kirloskar had suspended 39 members of the workers union, alleging that they were involved in acts of misconduct and indiscipline. A source close to the development said there was merely an 'ego clash' between the workers and management at factory and there are no labour law violations. Consequently, said workers were placed under suspension, pending enquiry. In the earlier occasion, Toyota had declared a lockout at both its plants, located in Bidadi, Karnataka, after that its workers called a strike following the suspension of the union’s treasurer early in November 2020.
Toyota Kirloskar lifted the factory lockout on November 19, 2020 on the Karnataka State government orders but four days later the company recommenced the lockout after members of the union prevented workers from resuming duty.
https://www.moneycontrol.com/news/technology/auto/karnataka-labour-department-declares-toyota-kirloskar-worker-strike-and-company-lockout-illegal-6225931.html
In the People's Republic of China and the Former Soviet Union
In some "Marxist-Leninist" regimes, such as the former USSR or the People's Republic of China, striking is illegal and viewed as counter-revolutionary (see Trade unions in the Soviet Union, All-China Federation of Trade Unions). Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary. In 1976, China signed the International Covenant on Economic, Social and Cultural Rights, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. (In June 2008, however, the municipal government in Shenzhen in southern China introduced draft labour regulations, which labour rights advocacy groups say would, if implemented, virtually restore Chinese workers' right to strike.). Trade unions in the Soviet Union served in part as a means to educate workers about the country's economic system. Lenin referred to trade unions as "Schools of Communism." They were essentially state propaganda and control organs to regulate the workforce, also providing them with social activities.
In France, the right to strike is recognized and guaranteed by the Constitution.
A "minimum service" during strikes in public transport was a promise of Nicolas Sarkozy during his campaign for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on August 12, 2007, and it took effect on 1 January 2008.
This law, amongst other measures, forces certain categories of public transport workers (such as train and bus drivers) to declare to their employer 48 hours in advance if they intend to go on strike. Should they go on strike without having declared their intention to do so beforehand, they leave themselves open to sanctions.
The unions did and still do oppose this law and argue these 48 hours are used not only to pressure the workers but also to keep files on the more militant workers, who will more easily be undermined in their careers by the employers. Most importantly, they argue this law prevents the more hesitant workers from making the decision to join the strike the day before, once they've been convinced to do so by their colleagues and more particularly the union militants, who maximise their efforts in building the strike (by handing out leaflets, organising meetings, discussing the demands with their colleagues) in the last few days preceding the strike. This law makes it also more difficult for the strike to spread rapidly to other workers, as they are required to wait at least 48 hours before joining the strike.
This law also makes it easier for the employers to organise the production as it may use its human resources more effectively, knowing beforehand who is going to be at work and not, thus undermining, albeit not that much, the effects of the strike.
However, this law has not had much effect as strikes in public transports still occur in France and at times, the workers refuse to comply by the rules of this law. The public transport industry - public or privately owned - remains very militant in France and keen on taking strike action when their interests are threatened by the employers or the government.
The public transport workers in France, in particular the "Cheminots" (employees of the national French railway company) are often seen as the most radical "vanguard" of the French working class. This law has not, in the eyes of many, changed this fact.
In the United Kingdom
The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982.
The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005.
Legislation was enacted in the aftermath of the 1919 police strikes, forbidding British police from both taking industrial action, and discussing the possibility with colleagues. The Police Federation which was created at the time to deal with employment grievances, and provide representation to police officers, has increasingly put pressure on the government, and repeatedly threatened strike action.
In the United States
The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circ*mstances. The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin strikes in industries in which a strike would create a national emergency. The federal government most recently invoked these statutory provisions to obtain an injunction requiring the International Longshore and Warehouse Union return to work in 2002 after having been locked out by the employer group, the Pacific Maritime Association.
Some jurisdictions prohibit all strikes by public employees, under laws such as the "Taylor Law" in New York. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society: police and firefighters are among the groups commonly barred from striking in these jurisdictions. Some states, such as Michigan, Iowa or Florida, do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illness — this is sometimes called a "sickout" or "blue flu", the latter receiving its name from the uniforms worn by police officers, who are traditionally prohibited from striking. The term "red flu" has sometimes been used to describe this action when undertaken by firefighters.
Postal workers involved in 1978 wildcat strikes in Jersey City, Kearny, New Jersey, San Francisco, and Washington, D.C. were fired under the presidency of Jimmy Carter, and President Ronald Reagan fired air traffic controllers and the PATCO union after the air traffic controllers' strike of 1981.
PICKETING
When workers are dissuaded from work by stationing certain men at the factory gates, such a step is known as picketing. If picketing does not involve any violence, it is perfectly legal. Pickets are workers who are on strike that stand at the entrance to their workplace. It is basically a method of drawing public attention towards the fact that there is a dispute between the management and employees.
The purpose of picketing is:to stop or persuade workers not to go to work
to tell the public about the strike
to persuade workers to take their union's side
GHERAO
Gherao in Hindi means to surround. It denotes a collective action initiated by a group of workers under which members of the management are prohibited from leaving the industrial establishment premises by workers who block the exit gates by forming human barricades. The workers may gherao the members of the management by blocking their exits and forcing them to stay inside their cabins. The main object of gherao is to inflict physical and mental torture to the person being gherao and hence this weapon disturbs the industrial peace to a great extent.
