UPDATE Lashing - Rotterdam Court states that Dockers' clause must be respected!
Dear Colleagues,
To all members of the Dockers' Section of ETF.
Yesterday
the Court of Rotterdam delivered its verdict on the Dockers' Clause: ITF, FNV
Havens and Nautilus International won the Court case.
You
can find below the information shared by FNV Havens and Nautilus International:
Despite
massive resistance of shipowners and charterers: lashing clause must be
respected
FOR FURTHER INFORMATION https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBROT:2022:5474
The Court of Rotterdam gave a serious slap on the wrist of
international crew manager Marlow and a shipowner. For years, they have
disobeyed collective bargaining agreements about the lashing of sea-going
vessels. Labour unions ITF, Nautilus International and FNV Havens went to
court.
Saying 'yes' and doing 'no' is a no-go, according to the
judges.
The lashing clause has been at the center of a major court
case. At an international level, this clause was agreed upon between social
partners in 2018. The clause stipulates that lashing must be done by qualified
dock workers. In case dock workers are not available, then seafarers may only
lash on a voluntary basis and against additional payment. On January 1, 2020,
the clause took effect. Employers, shipowners and charterers refused to comply
with the clause, also in the port of Rotterdam.
The trade unions involved joined forces to enforce the
clause.
The judges ruled in favour of the unions today. The
defendants were ordered to comply with the lashing clause in the port of
Rotterdam and in foreign ports. If the defendants again fail to comply with the
collective agreement, hefty penalty payments will be forfeited.
Niek
Stam, FNV Havens trade union executive and member of the negotiating
team of the framework CBA: "Those
who don't fight will never win. This is the only logical outcome of the
lawsuit. Otherwise a signature would no longer be worth anything. A deal is a
deal. "
The many defenses of employers, shipowner and charterers
were brushed aside in the ruling. It was argued that the collective agreement
would violate competition law. But the judges ruled that agreements resulting
from social dialogue, such as a collective agreement like this lashing clause,
fall outside the scope of competition law. Based on expert reports, the court
determined that the lashing clause serves the safety of seafarers and is exempt
from competition law.
Trade
union leader Sascha Meijer of Nautilus International:
"Fatigue
among seafarers is a major concern in the maritime sector. Against this
background, agreements on lashing have been reached at the international level.
It is a victory for everyone in the maritime sector that those agreements
cannot be haggled with."
The
fact that Marlow, as a temporary employer of seafarers, has no direct influence
on the work on board could not benefit Marlow either. The temporary employer
will at the least have to make an effort to ensure that those collective
bargaining agreements are complied with on board.
The court did recognize that during the first half of the
Covid pandemic rules were in place that did not allow dockworkers to board
seagoing vessels. If the IMO, EU or a national government orders such Covid measures,
these must be respected.
Although FNV Havens was not a party to the collective
bargaining agreements for individual ships, this union does have a special
interest in compliance with the lashing clause. The judges ruled that Marlow
acted unlawfully and socially negligent towards FNV Havens. The judgment once
again underlines the importance of collective agreements:
“Given
the weight attached to the social dialogue within the European Union, it is of
paramount importance to respect the results thereof and to having these results
implemented in good faith by the parties that are bound to these results.
Otherwise, the social dialogue has only symbolic value, which is at odds with
the importance attached to it in Europe and in the Netherlands.”
The lashing clause applies in all ports worldwide and is included in numerous international collective bargaining agreements.
ITF and local trade unions monitor compliance with the
clause.
Proceedings
are also underway in other countries against parties that do not comply with
the lashing clause, such as in Germany.
In
Dutch ports, too, compliance with the lashing agreement remains a priority on
the trade union agenda.
Reders
en charteraars moeten zich aan de nieuwe sjorregels van Dockers Clause houden
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