TelEm takes union to court to block possible industrial action

~Union has 'no clue' what TelEm is talking about ~

PHILIPSBURG--The St. Maarten Communications Union (SMCU) was dragged to court on Wednesday to halt what the TelEm Group of Companies contended were plans by the union and workers to take industrial action.

However, the union contends that it has "no clue" what management is referring to as it had no plans for industrial action among its members at the government-owned TelEm Group.

Union President Ludson Evers said the union was informed by its attorney on Wednesday that TelEm management had filed an injunction to block an industrial action the union had planned.

Evers said the union had to write a letter to the court indicating that it has not planned any action. The letter was delivered to the judge by the union's attorney. The union may have to appear in court by next Wednesday when the case is called.

Asked whether the court action could have been linked to a call by the workers to meet with management on Wednesday, Evers said probably.

The union President said he had received a letter signed by about 100 workers who were calling for a meeting with management for Wednesday at 7:30am. Workers calling for a meeting, he said, should not be perceived as industrial action as the workers wanted information on management's interpretation of a clause in the company's social plan that deals with the voluntary redundancy of workers in the company's ongoing restructuring process.

While the union says the clause is pretty straightforward, Evers says management is trying to push through a different interpretation as a delay tactic. Evers said the clause in question ? Article 9 ? states that workers should be given the right for voluntary leave before the company embarks on its restructuring process. However, he said TelEm official Helma Etnel says this is not how the clause should be interpreted and she refuses to open up voluntary leave before starting the restructuring process.

Evers said this is a clear case of delaying tactics on the part of management.

Evers told reporters on Thursday that the union attended the meeting between management and the workers on Wednesday. He said the differences of opinion over the clause still exist and the union's members are irked because they believe that Etnel is "playing a game."

He said the union has invited an adviser from Cura�ao to explain to Etnel in a meeting that had been scheduled for Thursday, the meaning of the clause in question.

Evers had told reporters at a press conference last week that the clause was inserted in the social plan so that workers such as those nearing retirement or those who want to leave to possibly get into business with the restructured TelEm or otherwise, can do so. Workers who go on voluntary leave will be entitled to 70 per cent of their salaries for two years as well as one year medical insurance. This money, Evers said, can be used by the workers to establish themselves as entrepreneurs or otherwise.

The union President spoke about the court case at a joint press conference held with other unions under the Windward Islands Chamber of Unions (WICLU) on Thursday. Also present were representatives of the Workers Institute for Organised Labour (WIFOL), St. Maarten Communications Union (SMCU) and the Association of Staff Employees of GEBE ASEWI.

Source: http://www.thedailyherald.com/islands/1-islands-news/23301-telem-takes-union-to-court-to-block-possible-industrial-action-.html

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