The Malta Dockers’ Union (MDU [1]) was set up in 2006, after 312 licensed port workers left the General Workers’ Union (GWU [2]) to form a new trade union. At the time, GWU – which is Malta’s largest trade union – claimed that the move was part of an orchestrated, underhand plot by a group that had consistently sought to destabilise the union. After almost three years, the dispute on the rights of representation is continuing between GWU and MDU.[1] http://www.maltadockersunion.com[2] http://www.gwu.org.mt
A dispute between the General Workers’ Union (GWU) and the Malta Dockers’ Union (MDU) over trade union representation, which has been underway for several years, has recently escalated. According to MDU and the Malta Maritime Authority, GWU does not represent the majority of port workers. The matter has since been referred to the Director of the Department of Industrial and Employment Relations, who confirmed that MDU held the majority support.
Background
The Malta Dockers’ Union (MDU) was set up in 2006, after 312 licensed port workers left the General Workers’ Union (GWU) to form a new trade union. At the time, GWU – which is Malta’s largest trade union – claimed that the move was part of an orchestrated, underhand plot by a group that had consistently sought to destabilise the union. After almost three years, the dispute on the rights of representation is continuing between GWU and MDU.
Issues of conflict
Opposition to collective agreement
Problems initially arose for MDU in December 2007, when 80 of its union members filed a judicial protest against the newly formed MDU, along with the prime minister, the attorney general, the Minister for Competitiveness and Communication and the chair of the Malta Maritime Authority. The protesters claimed that they were being discriminated against in the new collective agreement on issues relating to the Cost of Living Allowance; as a result, they made an injunction to block the new agreement.
In June 2008, GWU organised a meeting for port workers, at which the union promised the workers that it would defend their rights and jobs. GWU declared that it was not going to accept the new working conditions for the port workers if they did not reflect the wishes of the majority of workers. On the other hand, MDU was urging its members to accept the new working conditions, which, among others, included the introduction of four shifts at the Malta Freeport.
Inter-union dispute
In an article published in GWU’s daily newspaper in June 2008, it was claimed that a ‘sizeable’ number of port workers had decided to leave MDU and return to GWU. During this period, the two sides made accusations against each other. The inter-union dispute eventually led to a court case after the MDU president asked the police to take legal action against GWU’s shop steward, following claims that he had insulted and defamed the union’s president. Soon after, GWU challenged MDU to take a secret vote so that the port workers could decide which union they wanted to represent them.
On 25 February 2009, GWU made a formal request to the Malta Maritime Authority asking that it be recognised once more as the official representative of licensed port workers. MDU, on the other hand, insisted that it still represents the majority of workers and claimed that its figures were confirmed by the paid-up membership, which reportedly has 327 out of a total of 370 licensed port workers as registered members on its books.
Despite GWU’s claims, in March 2009, the Malta Maritime Authority stated that its records showed that MDU still represents the majority of port workers. GWU’s claim was thus turned down by the authority and by the Malta Freeport. However, GWU continues to insist that, according to its official lists, it had regained the majority of port workers.
In April 2009, GWU decided to hold a secret poll among its workers. According to GWU, the poll showed that it won 194 of the 236 votes cast and that only 38 workers had voted for MDU. However, MDU referred to GWU’s secret ballot as ‘farcical’ and ‘irregular’, insisting that they had 327 paid-up members out of a total of 366 port workers.
GWU disputes majority support for MDU
In a separate move, in March 2009, GWU asked the Director of the Department of Industrial and Employment Relations (DIER), Noel Vella, to intervene in order to solve the problem of recognition for port workers. A verification process was subsequently conducted by the director on 8 April 2009. This revealed that the majority of licensed port workers backed MDU. Nevertheless, GWU argued that this process was tainted and undemocratic and that it did not reflect the free will of all port workers. A go-slow and work-to-rule was ordered by GWU on the same day.
Commentary
The current situation may stem from the fact that port workers can be registered in both trade unions. It is apparent that Maltese legislation therefore needs to be amended in order to deal with this issue of dual membership. The Centre for Labour Studies (CLS) had made such a recommendation in a memorandum sent to the political parties prior to the general elections held in March 2008. What is striking in this case is the low profile being played by DIER, which is usually very active through its mediation in such cases.
Anna Borg, Centre for Labour Studies
Eurofound doporučuje citovat tuto publikaci následujícím způsobem.
Eurofound (2009), Dispute escalates over port workers’ union representation, article.
