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Page context: Home > Solidarity > 2009 Solidarity > LOT Airlines unlawfully dismisses union leaders
Sebastian Mikosz
President of LOT Polish Airlines
Prezes Zarządu PLL LOT S.A., Sebastian Mikosz,
ul. 17 Stycznia 39, 00-906 Warszawa, Poland.
prezes@lot.pl
London, 28 July 2009
Dear President,
Dear Mr Mikosz,We are writing to you as General Secretaries of the International Transport Workers’ Federation (ITF) and European Transport Workers’ Federation (ETF) which represent respectively more than 600,000 civil aviation employee members in 237 trade unions from 116 countries around the world and more than 250,000 civil aviation employee members in 95 trade unions in 40 European countries.
We have been informed by one of our affiliates, the LOT Polish Airlines Cabin Personnel Trade Union that you have dismissed their President Elwira Niemiec together with the President of the LOT Polish Airlines Employees Union, Grzegorz Kossowski. We understand that these dismissals have taken place whilst there are ongoing negotiations on a new Collective Agreement between the Unions and the company.
We must point out to you that this action is considered to be a highly provocative anti-union course of action. These two senior Trade Union representatives enjoy special job security rights, which are embodied in Polish law on trade unions and cannot be dismissed without the consent of their respective trade union boards. Both trade union boards have concluded that neither Elwira Niemic nor Grzegorz Kossowki have breached any of their employees’ duties and they have subsequently not consented to the termination of their employment contracts.
We have also understood that you have been trying to intimidate a number of employees by dismissing those workers who have won legal cases against Lot Polish Airlines and you are threatening the Unions to file for bankruptcy.
This sort of behavior is not only contrary to Polish law but is also contrary to the standards laid down by the UN’s International Labour Organisation. The Convention on the Freedom of Association and Protection of the Right to Organise stipulates International standards on these matters. In particular Convention 135 on Workers Representatives concerns Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking and quite clearly states in Article 1: •“Workers' representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements”.
To us, you are clearly not only acting against these Conventions but also acting against your own government since the Polish government ratified this Convention in 1977.
Clearly any breach of such legislation and Conventions will have to be seriously addressed. There is also another aspect which should generate a great deal of concern. These sorts of anti-union practices are not conducive to developing good working relations, which are essential for all aviation companies during the current difficult economic times. Employees need to feel confident that they are working as part of a team and that their skills and experience are valued by their employers. Unjustified attacks on their Union representatives will only be seen as an attack on themselves as employees, particularly when their Union representatives are attacked as a result of their input as trade unionists. We also think that stability in the company can be best achieved in an atmosphere of trust through responsibility and cooperation among the employer and the employees’ representatives.
As a member of the Association of European Airlines (AEA), you should know that a good social dialogue is a key practice to preserve social peace and cohesion. Your decision to dismiss the two trade union leaders does not help to maintain good relations between ETF and AEA at a moment when both organizations are negotiating a possible statement to give a joint answer to the current economic crisis.
We are therefore writing to you to ask you change your decision before further escalation takes place in this dispute. LOT Airlines needs to draw upon the best knowledge and expertise that it has at every level of its organisation. It is essential that the company acts quickly to put its industrial relations back on a more positive footing and this can only begin with the reinstatement of the two Union Presidents.
We are ready to meet with you if you think we can assist in this process in any way. We await your reply.
Yours,
David Cockroft
ITF General SecretaryEduardo Chagas
ETF General SecretaryITF Address: ITF House, 49-60 Borough Road
London, SE1 1DR, United Kingdom
email: mail@itf.org.uk
ETF Address: Galerie AGORA,Rue du Marché aux Herbes 105, Boîte 11, B 1000 Brussels, Belgium
email: etf@etf-europe.org
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Other pages for 2009 Solidarity:
Say no to repression of workers this first May | Support locked out cabin crew in New Zealand | Protest against anti-union DOWA LINE | Solidarity support for jet airways’ pilots | Support LOT Workers | Take action for trade unionists charged in Turkey | Union leaders sacked in Thailand | Solidarity with TDWU Mumbai
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