2023-11-05 22:52:07
Published: November 5, 2023
Regional Labor Court of the 10th Region (TRT-10) understood that the strike was abusive because it was launched without any regular warning to passengers and without setting minimum operating percentages for the public transport road system.
ADAM BAZANI
Judge Alexandre Nery de Oliveira, president of the Regional Labor Court of the 10th Region (TRT-10), determined that the bus strike in the Federal District will not be carried out this Monday, November 6, 2023, as decided by the workers’ union of transport.
The decision is made this Sunday night (05) and responds to a request from the Attorney General of the Federal District.
If it fails to comply, the workers’ union may be fined R$10,000 per hour of stoppage.
The DF prosecutor’s office filed a Collective Strike Dispute at TRT-10 asking for the movement to be suspended.
The Government of the Federal District understands that the strike is abusive, as it would have been launched without any regular warning and without setting minimum operating percentages for the public transport road system.
A conciliation hearing was scheduled by the judge for 2pm this Monday (06).
POPULATION WAS NOT WARNED:
When analyzing the request, the President of the Court stressed that, although the category has informed the companies about the strike with the 72 hours in advance required by law, it does not appear that the population has been informed. When it comes to essential activity, the rule is not restricted to communication to employers, but above all to users of services declared as such by law, explained judge Alexandre Nery de Oliveira. “The worker category, therefore, advanced in an apparent abuse of the right to strike by not observing the need to launch the strike just 72 hours after communicating it to employers and users of the public transport system in the Federal District”, highlighted.
LACK OF SCALE:
TRT-10 also reported in a note that judge Alexandre Nery de Oliveira highlighted that even though the union indicated in its communication the need to guarantee the minimum public transport service to the population on strike days, it did not consolidate these numbers and necessary scales.
According to the judge, the news published in newspapers and specialized websites this Sunday shows “that the strike has no established limits to guarantee its operation according to the minimum needs of the local population, which also means that an apparent affront to what is contained in article 11 of the Strike Law also emerges, with the worker category also advancing in this area in an apparent abuse of the right to strike, without denoting similar failures of the employer category”.
For the president of TRT-10, according to the note, the crucial flaw in the outbreak of the strike movement, which before class struggle must involve minimum respect for the user population, requires that the strike that has been triggered be suspended, completely, without any bias. , in order to allow the Court, with the support of the Public Prosecutor’s Office, to act in resolving the conflict, enabling the return to the negotiation table between the parties involved or, at least, the authorization to initiate a normative collective dispute or the outbreak of strike with the ultimatums observed in relation to the minimum communication deadlines not only to employers, but above all to users of collective public road transport in the DF.
With these arguments, the judge granted the injunction to determine the immediate suspension of the strike movement triggered by the road workers category and appointed a conciliation hearing between the parties for 2 pm this Monday (6), at the Court’s headquarters. The suspension has immediate effect and must remain in force until otherwise resolved, concluded the president, who called on the categories to await the hearing out of respect for the Court’s actions.
WHY WORKERS DECIDED TO STOP:
The category demands the renewal of the Collective Labor Agreement, which expired since August 1st of this year, in addition to salary replacement and earnings above inflation.
Sinttrater, the union that represents workers, says that the salary adjustment proposal was not presented by the companies, on the grounds that they did not receive support from the DF Government.
On Wednesday (01st), the Legislative Chamber of the Federal District (CLDF) approved supplementary credit of R$ 142.9 million to bus companies in the DF’s public transport system.
Workers expected that with the release of resources there would be a proposal for salary adjustments for bus companies, but the proposal was not popular.
In a statement, CUT reports that bus workers occupied the Conic parking lot, in Brasília, this Sunday (5), to evaluate the proposal presented by the companies after tough negotiations with the Federal District Bus Workers Union. “By a large majority, the category considered the proposal insufficient and approved the start of a strike for salary adjustments this Monday (6).”.
According to the Union, the companies offered an adjustment of 5.33% in salaries, in the health plan and in the dental plan, of 8% in the food ticket, and of 10% in the basic food basket. However, the category considered that the indices presented were not satisfactory.
The board of directors of the DF Road Workers Union informed that it will place directors at strategic points and at the doors of companies to ensure greater support for the strike. The entity also highlighted the importance of the information and updates released by the entity’s directors so that they do not fall into fake news from those who want to demobilize the category and want the mobilization to fail.
“The workers rejected the proposal presented and now we can only fight to meet the wishes of the category. We hope to emerge victorious“, said the president of the Union, João Dão.
Adamo Bazani, journalist specializing in transport
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