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Millsy

UNIONS: Current Industrial Relations Issues

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During a merging operation the system decided to lose both the New Years Cancellations thread and one about the imposition of new terms and conditions of service. While we attempt to rescue this material I have managed to rescue the main materials submitted by Corsaire (first) and Neilcfx with a translation by me. Apologies for any inconvenience.

 

Corsaire

 

Happy New Year but not between BF and the unions! Yesterday, 19:37

 

BF has decided to introduce New working practices unilaterally from January the first.

From the Le Telegramme 29th December:

Le comité d'entreprise de la Brittany Ferries a voté en faveur de l'assignation en justice de la compagnie ce mardi. Comme nous l’annoncions dans notre édition de samedi, un comité d’entreprise (CE) extraordinaire s’est tenu ce mardi après-midi au siège de la Brittany Ferries, à Roscoff (29). Par huit votes pour, quatre contre et une abstention, le CE a voté en faveur de l’assignation en justice de la compagnie maritime. Un recours en référé va être déposé d’ici à la fin de la semaine auprès du tribunal administratif de Rennes. Les syndicats contestent l’application du code du travail décidée par la direction Alors que l’accord sur le temps de travail n’a pas été signé pour la partie pont et machines de l’entreprise, les syndicats contestent l’application du code du travail de manière unilatérale décidée par la direction à partir du 1er janvier. Globalement, cela signifie que le rythme va passer de sept jours en mer, sept jours à terre, à quatre jours en mer, quatre jours à terre. "Le CHSCT a été saisi début décembre. Il a trois mois pour rendre un avis. En attendant, le CE ne peut pas se prononcer sur la proposition d’accord", souligne Michel Le Cavorzin (CGT), pour qui Brittany Ferries "veut passer en force". Jointe mardi soir, la direction n’a pas voulu faire de commentaires.

 

© Le Télégramme - Plus d’information sur http://www.letelegramme.fr/local/edi...5-10904578.php

 

which roughly translates via Google as:

 

The works council of Brittany Ferries voted in favor of the legal proceedings against the company on Tuesday. As we announced in our Saturday edition, a works council (EC) Extraordinary held Tuesday afternoon at the headquarters of the Brittany Ferries, Roscoff (29). By eight votes in favor, four against and one abstention, the EC voted in favor of the legal proceedings against the shipping company. An urgent application will be filed by the end of the week with the Administrative Court of Rennes. The unions are challenging the application of the labor code decided by the direction While the agreement on working time has not been signed for the part of the bridge crew and the engineers, unions are challenging the application of the code Working unilaterally decided by the direction from 1 January. Overall, this means that the rythme of work will increase from seven days at sea /seven days at land, at sea four days, four days on land. "The HSC was seized in early December. He has three months to give an opinion. Meanwhile, the EC can not decide on the proposed agreement," said Michel Le Cavorzin (SGC), for which Brittany Ferries' wants push through ". Reached Tuesday night, management did not want to comment.

 

© The Telegram - More information http://www.letelegramme.fr/local/edi...5-10904578.php

 

I'm surprised there isn't unanimity amongst the union reps as above, 8 votes for 4 against and 1 abstention to take the matter to court.

 

More reported from France 3 today:

 

Ce mardi arpès-midi, à Roscoff, l'entreprise Brittany Ferries a tenu un Comité d'entreprise extraordinaire à la demande des représentants du personnel.

 

À partir de janvier, la direction veut imposer une nouvelle organisation des rythmes de travail. Le traditionnel "7 jours sur terre / 7 jours en mer" va disparaître, laissant place à une organisation que certains salariés jugent moins avantageuse. "Pour les navigants, ça va tout changer", affirme Stéphane Leverger, de la CGT des Marins du Grand-Ouest.

 

Services ponts et machines

Autre point de discorde : l'organisation du travail pour les services ponts et machines. "La direction veut augmenter le temps de travail de quatre heures par semaine. Ça correspond à 9 à 10 jours de travail supplémentaire par an, avec seulement trois jours de congés en plus", se plaint Ronan Le Guen, de la CFDT.

 

Ni la CFDT, ni la CGT n’ont paraphé l’accord pour les agents travaillant aux ponts et aux machines. Sans ces signatures, la direction passerait le Normandie Express, qui navigue entre Cherbourg, Portsmouth et Caen, sous pavillon anglais.

 

La direction n'a pas souhaité répondre à nos questions. Cependant, il est déjà connu que ces nouveaux rythmes entreront en vigueur au 1er janvier 2016, avec ou sans l'accord des syndicats.

 

which roughly translates via Google as:

 

On Tuesday afternoon, in Roscoff, Brittany Ferries company held an extraordinary works council at the request of the employee representatives.

Starting in January, the management wants to impose a new organization of work patterns. The traditional "seven days on earth / seven days at sea" will disappear, giving way to an organization that some employees feel less advantageous. "For the sailors, it will change everything," says Stéphane Leverger, CGT of the Great West Marine.

Services bridges and machinery

Another point of contention: the organization of work for bridges and service machines. "Management wants to increase the working time of four hours per week. This corresponds to 9-10 extra days of work per year, with only three days off and more," complained Ronan Le Guen, of the CFDT.

Neither the CFDT nor the CGT did not initial the agreement to agents working bridges and machines. Without these signatures, the owners would pass the Normandie Express, which sails between Cherbourg, Portsmouth and Caen, under the British flag.

Management did not wish to answer our questions. However, it is already known that the new rates will take effect on 1 January 2016, with or without the agreement of the unions.

 

What chances of disharmony in the weeks and months to come?

 

Neilcvx

 

Google Translation of Document linked by neilcvx

 

At the request of certain members of the works council elected an extraordinary works committee held 29 December 2015. The agenda was as follows: 1. Point on the project "organization of weekly browsing of staff time to conduct enforcement on 1 January 2016": Issues of elected officials and management responses. 2. Decision of the Committee of Company to take legal action. 3. Other. Management has provided answers to questions. In particular, it was recalled once again that without collective agreement, unilateral measures already presented by the EC last December 1 will be applied to January 1, 2016 for cabin staff conduct. The Works Committee voted (8 votes in favor, 4 against white [abstentions?] 1) a motion allowing the Works Council to bring an action against the Company and has appointed an agent for the purpose.

 

Side Direction [management statement?], responsibly, our position is clear, even a court decision suspending the unilateral device does not lead us to reopen negotiations and extend the transition agreement, even if this leads us to no longer able to operate ships [my bold]. After three years of negotiations, we all need a stable social foundation, sustainable, ensuring fairness between services and the professions, and economic future for the company. This agreement exists, it has been signed for hotel staff. The works council brought an action against the Company is a very serious decision, unprecedented in BAI. Mrs Jourdren pointed out at the meeting: "We are at a crossroads. If the EC is committed to this litigation, nothing will ever be the same again and I will not be calm on

 

Annex

Declarations Martine Jourdren at the Works Council of December 29, 2015 The first opening of the EC declaration A Corporate Committee met this day, at the request of a majority of its elected members. The agenda of this set by EC Staff representatives includes a point as the wording read: "Decision of the Committee of Company to take legal action." The debate on this point has not occurred since this decision may be noted that a vote the instance. However, side direction, we have a great awareness that this entry covers. It indicates that the Works Committee of which I am the President may decide to act Justice against Brittany Ferries, a company of which he is one of the instances. For, are not mistaken, such a decision may be for the Department and this is probably what you say to employees, but basically it is the Company since it is this that will designated justice. Before arriving at this end which would result in a prosecution relations Working Brittany Ferries, I want to remind the steps that have marked the past three years. Following the denunciation of the agreement negotiated annualization of working time in the plan return to competitiveness in 2012, numerous bargaining meetings took place from the end of 2013. To speak only of what happened in 2015, after many meetings and negotiations inconclusive, transitional arrangements have been found. This allowed sufficient time necessary to conduct negotiations with the aim of indefinite agreements base of a desired social stability both by employees and by the management of the Company. These transitional arrangements expire December 31, 2015. Side Branch, we have always said what we would do and did what we announced.

 

Further negotiations then took place between mid-September and end of October 2015, on a property subject.These negotiations resulted in a draft agreement, at the time envisaged and announced formally. This text is the result, as with any negotiation, a balance between the social and economic, between the claims and the possibilities that gives the Directorate, whose mission is to prudently manage the common good, c ' is to say the activity and costs of the company. The agreement was signed for hoteliers seafarers and of course it is a very significant advance.

However, the conduct of the representatives would not sign the agreement. Therefore, management has no choice to allow the continued operation of the business, but to apply all legal provisions, regulations and agreements concerning the organization of working time in the absence of collective agreement. As I have already indicated, the transitional arrangements expire on 31 December 2015 and are not intended to be extended since they are not stable social and economic base that we need to best prepare for the future our company.

The application of unilateral measures is not a management choice and we do not know anything about the consequences of this decision on the daily conduct of employees. You just have to remember that at some point, because these are the rules that apply in negotiation, we indicated that the equilibrium point was reached and that management could not go further, both issues of equity between services but also for economic reasons.

I make no apology for ensuring the economic balance of our social measures over time.I do not want to have to redo a plan to return to competitiveness because we have collectively failed to take reasonable and sustainable measures.

The unilateral device has an additional cost compared to the agreement that we offer. To balance this additional cost, we took the difficult decision to consider reflagging of NX.

This decision will have consequences on promotions for seafarers and in employment for our seasonal.

Again, this is not our choice but we draw the consequence of a lack of collective agreement for driving.

 

I reaffirm here that our priority is to have collective agreements because we believe that this is the only sustainable social foundation that will allow us to approach serenely as possible the great changes that we will have to drive for our company. However, an agreement can not be obtained at any price and the negotiation is complete. The door is not closed for it to be signed in the state by the representatives of the pipe. [My bold]

The Committee of the Company and HSC are consulted on the implementation of the unilateral device that relies solely on the legal texts, regulations and agreements.

The EC resorting to using the expertise and time limits laid down by law, Management proposed to combine all conditions, including phasing of expertise, so that the EC could decide as soon as possible.

The question is asked by elected officials to know what we will do in terms of working time for steering on 01/01/2016. In fact, this is not the question to be asked but this: The BAI should it suspend its operations for several weeks, pending an opinion of the works council?

I repeat, and the Directorate has issued a consistent message about it, we no longer agree applicable to 01/01/2016, the transitional arrangements expire and negotiations are completed.

Rather than judicialize social relations, is it not time to look at where the real issues are both social and economic?

For me, everything is clear, priority must be given to collective agreements, whenever possible, but always making sure that there is no unbalanced measures between services and between business and all in a controlled economy. It's my responsibility and I openly ruling assumes.

Second statement before the vote of the elected:

A motion has been debated between elected.

This motion would result in the possibility for the EC to bring an action against the company.

 

This is an extremely serious moment in the life of our bodies and our business. If the EC takes legal action, there will apparently be a winner and a loser but basically everyone will lose, one way or another, more or less long term. Management side, our position is clear, even an interim order suspending the unilateral device does not lead us to reopen negotiations and extend the transition agreement, even if this leads us to no longer be able to operate ships.Our real issues are: employment, the future social stability, the renewal of the fleet, the turning point that we must take to register BAI in modernity. A court does not commit us in this direction there, quite the contrary.

Reflag the NX is an economic necessity, not a political or strategic will. We can still take weeks to return the ball unnecessarily on who is responsible for this situation. At a given moment, the employees affected by the application of these measures will arise over the issue. The bankruptcy of our social system will be collective. Social relations have never been easy in this company, but we had this time the opportunity to go out collectively and positively to an unstable situation.

We are at a crossroads. If the EC is committed to this litigation, nothing will ever be the same again and I will not be calm on the near future of the company. [Again my bold]

 

In short BF seem to be saying to their employees quite simply - take it or leave it. No more talking. You go out - we tie up! Well at least people know where they stand I suppose.

 

 

Edited by Millsy
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It's certainly a situation that is going to run and run for a long time yet , I don't mean to bore people with my regular posts on but it's just that I see so many similarities with my works recent situation , the one thing I would say is that the very last resort in my opinion is to go on strike.

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It's certainly a situation that is going to run and run for a long time yet , I don't mean to bore people with my regular posts on but it's just that I see so many similarities with my works recent situation , the one thing I would say is that the very last resort in my opinion is to go on strike.

 

 

It's great. People need to know

(the post, not the situation)

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This whole situation has certainly caused us to hold off booking any holiday with BF for next year. Don't need the stress of not knowing whether your sailing will operate or not when you are taking small children on holiday. We shall look elsewhere this year.

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And others who have already booked will be wondering if their sailing will actually happen, and/or deciding whether they should pay the balance of their fare or else cancel and book elsewhere. I know that we're reconsidering our options regarding our trip in March (Bilbao-Portsmouth return).

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Not sure what difference the court case will make as I don't know enough about French employment law hopefully it will bring some kind of closure to the situation, I can say it wouldn't make me not book my sailing with BF for my summer holidays worst case scenario is a dire drive to Calais,zeebrugee etc

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I'm with Neil, I'm not going to stop booking my holiday in the summer because of this. Besides, what is the ratio of sailings cancelled because of industrial action to sailings which operate with no impact?

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This whole situation has certainly caused us to hold off booking any holiday with BF for next year. Don't need the stress of not knowing whether your sailing will operate or not when you are taking small children on holiday. We shall look elsewhere this year.

 

 

Don't forget before strikes have been the first response that people were aware of... Although the situation is not amicable, it is still very much a round-table affair and certainly no sign of any wildcat action. If anything the strong performance of BF in 2015 and their generous handling of unscheduled circumstances makes them a more attractive option for the coming season. The fact that they have dealt with many last minute alterations in the past, regardless of cause, increases their credibility in my eyes. If you think back to 2012 I cannot imagine P&O dealing with the convergence of operations from five ports Northbound in such a smooth manner.

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Don't forget before strikes have been the first response that people were aware of... Although the situation is not amicable, it is still very much a round-table affair and certainly no sign of any wildcat action. If anything the strong performance of BF in 2015 and their generous handling of unscheduled circumstances makes them a more attractive option for the coming season. The fact that they have dealt with many last minute alterations in the past, regardless of cause, increases their credibility in my eyes. If you think back to 2012 I cannot imagine P&O dealing with the convergence of operations from five ports Northbound in such a smooth manner.

 

Agreed, and having been caught up in the 2012 problems and drove back from Malaga to Calais I was compensated more than I expected.

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More than not much news- Brittany Ferries : des salariés se mobilisent contre leurs délégués syndicaux - with my poor French - I read it as the workers giving their union reps a kick up the ar*e. They are saying they don't want to go to court and are prepared to sign up for the new working conditions rather than end up with the ships tied up. They have launched an internal petition and already have over 1000 signatures in 2 days to stop the reps proposals. Now that is NEWS when the workers in France tell the Unions what to do!!

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That's been on the cards for a while now I thought it was the EU judgement today , somebody's not following forum rules by not posting a translation 😉 .

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Un nouveau pas franchi dans notre combat avec une montée en puissance de l’élan démocratique. La manifestation devant les bureaux CFDT et CGT a eu un impact fort dans les esprits du syndicat CFDT et peut-être dans ceux de la CGT (vu la proximité des bureaux).

Nous avons utilisé leurs méthodes habituelles car nous aussi pouvons avoir de la voix !

Les journalistes étaient surpris de notre détermination qui grandit avec notre unité sédentaire/naviguant.

Je tiens à remercier les quelques mécaniciens présents. Je leurs répète qu’il ne s’agit pas de discréditer leurs délégués syndicaux mais bien de leurs rappeler qu’il ont la responsabilité de l’avenir des mécaniciens. Les deux franchissements de ligne blanche qu’ont été l’assignation en justice de la compagnie par le CE et le blocage de l’Armorique avec ces passagers à bord ne sont pas approuvés par l’ensemble des salariés. Nous nous dirigeons vers un vote du service conduite « pour ou contre » l’accord. En cas de vote positif, nous espérons l’abandon du changement de pavillon du NX puisqu’il n’y aura plus de surcoût lié au 4/3.

Une réunion constructive avec le secrétaire général maritime Normandie CFDT, Mr GOLAIN, a permis d’ouvrir le débat sur le fonctionnement syndical et les futurs améliorations à apporter au sein du syndicalisme à la Brittany Ferries.

J’ai rappelé l’histoire de la compagnie et exprimé notre esprit d’unité dans la mobilisation avec une pensée pour Mr Alexis GOURVENNEC qui je pense aurait été fier de notre mouvement.

Les choses avancent tel un bulldozer, que rien ne peut arrêter !

 

Nous avons pour le moment environ 1000 signatures, la mobilisation continue et ne cessera de croître avec le changement de bordée à venir….

 

Jean-pascal

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A new step taken in our struggle with a rise of the democratic impulse. The demonstration outside the CFDT and CGT offices has had a strong impact in the minds of the CFDT union and perhaps those of the CGT (given the proximity of offices).

We used their usual methods because we can also have a voice!

Journalists were surprised to our determination that grows with our sedentary unit / browsing.

I want to thank the few mechanics present. I repeat that their is not to discredit their union representatives but their mind that are responsible for the future of mechanics. The two white line crossings that were the company's justice summons by the EC and the blocking of Brittany with these passengers are not approved by all employees. We head to a vote of the service conduct "for or against" the agreement. In case of a positive vote, we hope the abandonment of reflagging NX since there will be no additional costs to 4/3.

A constructive meeting with the Secretary General Maritime Normandy CFDT, Mr Golain, has opened the debate on the union operation and future improvements in the trade union movement to Brittany Ferries.

I recalled the history of the company and expressed our spirit of unity in mobilizing with a thought for Mr Alexis GOURVENNEC which I think would have been proud of our movement.

Things are moving like a bulldozer, nothing can stop it!

 

We have currently about 1000 signatures, ongoing mobilization and will continue to grow with the change coming ... lined.

 

Jean-pascal

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I believe BF are taking up an idea agreed with unions to directly consult the staff concerned. Not sure of timings.

 

Now there's a radical idea!

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Something strange going on there, PIP don't have the St Malo sailing listed on the departures on their website....we're on the 22:00 to Caen tonight and I have visions of wildcat strikes and us being stuck..oh well, it'd be an adventure ;)

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