Labour dispute continues at TAP-Air Portugal

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The Union of Civil Aviation Pilots has been in dispute with the management of the publicly-owned TAP-Air Portugal for some months over the observance of flight planning rules, resulting in strike action starting in July 1997. The situation has required intervention by the Government.

The management of the state airline TAP-Air Portugal wants pilots to accept a maximum limit of 55 working hours per week and 180 hours per month. However, the pilots, represented by the Union of Civil Aviation Pilots (Sindicato dos Pilotos da Aviação Civil, SPAC), are demanding compliance with current legal restrictions (Ministerial Order 408/87 of 14 May 1987) which establish 45 hours per week and 160 hours per month as the limits. TAP management maintains that compliance with the terms of this decree will compromise the company's viability. It also states that the decree does not permit sufficient flexibility to deal with unforeseen situations.

The dispute has lasted several months (PT9707131N), in spite of the intervention of a number of mediators. These have included the Institute for the Development and Inspection of Working Conditions (Instituto do Desenvolvimento e Inspecção das Condições de Trabalho, IDICT), the Ministry of Equipment, Administration and Management of the Territory (Ministério do Equipamento, Planeamento e Administração do Território, MEPAT), and even the Portuguese Ombudsman. Even the International Federation of Airline Pilots' Associations (IFALPA), has offered to mediate, but negotiations between the different parties involved have not moved towards a convergence of interests.

A strike, called by SPAC, began on 27 July 1997, causing the cancellation of scheduled and chartered flights. So far it has already been suspended twice for negotiations. The issue here is the observance of the protocol governing the relationships between the two sides, with respect to reorganising the General Directorate of Flight Operations (DGOV), and observing the law and the company agreement. Without a consensus, the union has decided to carry on boycotting "irregular" flights.

The TAP workers' commission, the company's management boards, some workers, unions linked to TAP and even a number of pilots have not supported SPAC's strike call, thereby generating a period of great instability within the company.

Without an agreement in sight, the Council of Ministers decided to implement a "civil requisition" (or civil conscription) - a legal measure, according to which the pilots are obliged to pilot all flights, with heavy fines the possible consequence of disobedience. This was justified by reference to the public interest, highlighting the social and economic motives of those behind the strike. The pilots, for their part, submitted a demand for the withdrawal of the civil requisition, on the grounds of its alleged unlawfulness and unconstitutionality, as they believe it violates the laws on strike regulation, given that "minimum services" remain guaranteed.

As a result of the ineffectiveness of the civil requisition (flights carried on being cancelled), the General Directorate of Civil Aviation (DGAC) imposed "a regime of exception" (under article 2, Ministerial Order 408/87), allowing an increase until 31 October 1997 in the number of flights above that permitted by the legislation in force.

On 22 August, the Government issued a new Ministerial Order ratifying the increases in TAP's flying times, although the European Commission has recommended member states not to amend national legislation on matters under review within the EU.

At present the negotiations between the two parties still do not seem to be progressing towards a consensus.