National Conciliator criticises use of sympathy strikes

Finland’s National Conciliator, Juhani Salonius, has criticised the ‘solidarity’ and sympathy strikes staged by workers and trade unions. In response, the trade unions have accused Mr Salonius of aligning himself with the employers and insist that the current provisions concerning the right to strike should not be altered. Mr Salonius has also criticised the lack of consensus in relation to rules on protected work and does not agree that strike fines should be increased.

Call for stricter rules for support strikes

The country’s National Conciliator (in Finnish), Juhani Salonius, has criticised the use of ‘solidarity’ and sympathy strikes organised by trade unions and workers. According to Mr Salonius, the social partners ought to clarify with the government if the use of sympathy strikes should be controlled.

Moreover, the national conciliator questions whether the current application domain of the legislation on industrial action is adequate. At present, the legislation covers traditional strikes and lockouts but not modern forms of industrial action, such as a ban on overtime work. Mr Salonius questions why only strikes and lockouts are covered by the legislation.

He has also called for better notification duties in relation to sympathy strikes. The current provisions recommend only four days’ notification prior to the commencement of strike action. However, Mr Salonius claims that not all of the trade union confederations follow this recommendation.

Increasing strike fines

In relation to the employers’ demand to increase strike fines (FI0704039I), the national conciliator does not agree with this position and believes that the issue is purely a political consideration.

Problem of protected work

Mr Salonius is also critical of the fact that the labour market confederations have not succeeded in reaching joint agreement on the rules of ‘protected work’ – essential services which ensure that the health and lives of citizens are not endangered through strike action – in strike situations (FI0804029I). He claims that: ‘A rule that people’s health and lives should not be endangered through industrial action has earlier been an axiom.’ However, according to the national conciliator, this rule has been broken in the industrial action organised by the Union of Health and Social Care Professionals (Terveyden- ja sosiaalihuoltoalan ammattijärjestö, Tehy), which threatened mass resignations in the healthcare sector in 2007 (FI0712039I), and in the border guards’ strike in 2005 (FI0508202N).

Trade union reaction

The trade unions expressed their surprise at the national conciliator’s stance, insisting that the current provisions concerning the right to strike should not be altered.

The Director of the Central Organisation of Finnish Trade Unions (Suomen Ammattiliittojen Keskusjärjestö, SAK), Matti Tukiainen, has strongly opposed the national conciliator’s position, claiming that Mr Salonius has aligned himself with the employer side.

The Chair of the Union of Salaried Employees (Toimihenkilöunioni, TU), Antti Rinne, believes that the current legislation on industrial action is sufficient and affirms that TU will continue to defend the current provisions concerning the right to strike in the future. However, Mr Rinne is more moderately disposed towards the views of the national conciliator than SAK’s director and does not believe that Mr Salonius is siding with the employers. He believes that the national conciliator will reach a solution on this matter before his retirement in the autumn of 2009. Both Mr Tukiainen and Mr Rinne conceded to the fact that their respective unions do have rules in place concerning protected work.

Commentary

Finland’s national conciliator has generated surprise by advocating possible restrictions to the right to strike in relation to sympathy strikes. His position on the matter may be considered unorthodox as it mirrors a view which has been repeatedly put forward by the employers. Traditionally, however, the national conciliator has retained impartiality and abstained from commenting on matters where the social partners have flatly contradicted each other.

Moreover, commentators have pointed to the fact that strikes, particularly sympathy strikes, are only a relatively small problem in the Finnish labour market. Support and illegal strikes most often arise in situations where the employer has decided to radically downsize the labour force, resulting in conflict in the form of strike action.

Pertti Jokivuori, Statistics Finland