Employers press for shorter ‘support’ strikes

Discussion is ongoing in Estonia on the need to change the regulations pertaining to ‘support’ strikes, which are called in support of other striking workers. Employers are demanding not only that a longer notification period should be given, but also that the maximum duration of such strikes should be shortened. However, employees do not agree with these proposed changes and want to maintain the existing regulation on support strikes.

The existing regulation on support strikes has been an ongoing debate in Estonia for some years now. The Estonian Employers’ Confederation (Eesti Tööandjate Keskliit, ETTK) raised the issue again in its recently published manifesto (EE0702019I).

In 2004, support strikes were organised in the railway sector in order to support the Estonian Locomotive Workers’ Trade Union (Eesti Vedurimeeste Ametiühing) strike at Estonian Railways Eesti Raudtee AS (EE0410103F). The supporters belonged to another railway company, Edelaraudtee, which then experienced serious difficulties. The company was simply not prepared for a strike, since it had a valid collective agreement, which included a peace clause. Since this particular incident, the issue of support strikes has been brought to the fore on several occasions.

Existing regulation

Article 18 of the current Collective Labour Dispute Resolution Act (Kollektiivse töötuüli lahendamise seadus) allows employees to organise support strikes in order to support other workers’ collective demands. The duration of the support strike may last up to three days and notification for such strikes must be given at least three days in advance. The support strike does not necessarily reflect the particular demands or interests of the employees who organise it; rather, it serves to support the demands of other workers.

Proposed changes

ETTK claims that the current support strikes regulation restricts freedom of enterprise. The support strikes are not held with the aim of influencing issues that lie within the control of the employer. As the demands concern other companies, the employer cannot avert the support strike in any way. Thus, even if the employer has concluded a collective agreement with the employees that should guarantee industrial peace, the employees might still strike for three days, after a three-day notification period, in order to support other employees who are outside the responsibility of the employer.

More specifically, ETTK considers that the notice period of three days is too short and that the time allowed to strike is excessive. Therefore, it proposes to define both a reasonable notification period and a reasonable length for support strikes to take account of the employer’s interests. Moreover, ETTK proposes to place restrictions on support strikes. Their proposal would allow only those employees working in the same economic sector as the workers involved in the main strike to go out on strike in support.

In 2005, the Chancellor of Justice (Õiguskantsler), Allar Jõks, suggested that the notice period could be made longer without damaging employees’ interests. Mr Jõks analysed the regulation of support strikes and suggested changing the notification period. The required notice for main strikes is two weeks, and thus employees who want to support this action could extend the three-day notification period that they are currently required to give, as they are aware of the potential strike much earlier.

When a support strike is due to take place, a longer notice period than the current three days would also make it possible for the employer to rearrange the workload or make agreements with external contractors affected by the disruption in the company. Thus, Mr Jõks concluded that the existing regulation could be easily changed, with longer notification periods, without adversely affecting employees. The Chancellor therefore asked the Ministry of Social Affairs (Sotisaalministeerium) to change the regulation.

In the autumn of 2005, the Ministry of Social Affairs proposed to place a time limit of up to 24 hours on support strikes, and also to impose a minimum notification period of one week. However, the proposal was not accepted at that time and the issue will be back on the agenda after the parliamentary elections in the spring of 2007.

View of trade unions

In 2005, the Confederation of Estonian Trade Unions (Eesti Ametiühingute Keskliit, EAKL) denied the claim that support strikes lasting up to three days harm the economic interests of society as a whole and impede everyday life. A company’s economic loss is not a sufficient reason to restrict rights for support strikes. Furthermore, EAKL considers that a three-day notification period gives enough time for the employer to start negotiations with the organisers of the support strike and the employer of the main strikers in order to find a solution that is satisfactory for all parties. The necessary changes in the organisation of work can also be made within a three-day notice period.

Commentary

A strike pact exists in Estonia which includes trade unions in the transport sector – encompassing road transport, seafaring and railways – as well as unions in healthcare. Thus, it is possible to mobilise 13,000 union members and over 20,000 workers in collective action in essential areas of the economy. This pact is a powerful weapon which employees have successfully used before. The transport sector, including railways, is among the most active in terms of collective bargaining. Overall, the issue of support strikes looks likely to remain in the spotlight for some time to come.

Epp Kallaste, PRAXIS Centre for Policy Studies