After months of negotiation between the police force and the minister of the interior on the renewal of the collective agreement, the police trade unions began threatening industrial action and strikes in December 2007. The courts were divided on the issue, with some ruling out strikes as a means of industrial action and others condoning such steps. The unions and the minister have yet to reach agreement and the police strikes continue. An investigating committee has since been established to assess how much leeway for negotiation exists between the two parties
February 2008 was preceded by months of negotiation between the police force and the Minister of the Interior and Kingdom Relations, Guusje ter Horst, on the new collective agreement. Both parties have differing views mainly regarding the level of wage increases and term of the collective agreement.
The minister increased her wage offer by 0.5% in mid January 2008 and is now offering an overall increase of 9.25% – split over several years – for the average police officer on the street. She proposes raising wages by 2% with effect from January 2008, followed by a further 1.5% pay rise in November 2008. A final increase of 2.75% would follow in July 2009. The trade unions representing police officers were sceptical in their response, referring to what they see as a ‘trick offer’ by the minister, given that the term of the current collective agreement has been extended by three months. As a result, the latest offer is in fact lower than what Minister ter Horst first proposed. In real terms, the wage increase would amount to an average of 2.1% for 37,000 police officers, which remains below the current rate of inflation.
Meanwhile, the trade unions are upholding their demands for a higher wage increase. The General Christian Police Union (Algemene Christelijke Politiebond, ACP), affiliated to the Christian Trade Union Federation (Christelijk Nationaal Vakverbond, CNV), demands a net wage increase of €200 a month and an overall pay rise of 15%; the Netherlands Police Union (Nederlandse Politiebond, NPB), affiliated to the Dutch Trade Union Federation (Federatie Nederlandse Vakbeweging, FNV), calls for a structural wage increase of 3.3% a year, a contribution towards health insurance costs and greater compensation for duty and evening shifts.
In light of these demands and the minister’s offer, the industrial action and rotating strikes will continue for the foreseeable future. Public discussion has been fuelled by the cancellation of football matches in particular, while tacitly embracing an accommodating fines policy. In support of their demands, the five active police trade unions have managed to mobilise 80% of police officers.
The police trade unions have threatened to take industrial action or to strike since December 2007. The courts were divided on this issue, with some ruling out strikes as a means of industrial action and others condoning such steps. At the end of December, the Court of Preliminary Relief ruled in favour of industrial action by police officers during a number of football matches, ultimately leading to the cancellation of various games. But on 4 January 2008, another Court of Preliminary Relief banned a trade union demonstration during the working hours of police officers deployed in providing embassy security services. The court placed the interests of public order and safety above the right to strike and ruled that the police officers involved form part of an ‘essential service that cannot adequately be replaced’. Subsequently, on 8 January 2008, the state advocate withdrew intended preliminary relief proceedings when ACP and the General Dutch Police Association (Algemene Nederlandse Politie Vereniging, ANPV), affiliated to the Federation of Independent Trade Unions (Unie van Onafhankelijke Vakorganisaties, UOV), guaranteed sufficient police staffing to escort defendants to court during industrial action at the public prosecutor’s office in Groningen in the north of the Netherlands.
The police themselves observe the following rules in relation to the rotating strikes announced: first, and most importantly, industrial action may not be at the expense of public order and safety; secondly, all of the intended actions must be centrally registered for lawyers to assess whether they can be carried out within the confines of the law.
A strike ban for civil servants and railway staff was in place until 1979 . Since then, the courts have been authorised to rule on whether civil servant strikes are lawful. The rules have also become more firmly established over the years. In the event of a dispute, the trade unions must first have explored all possible options in order to reach an agreement. They are also required to provide a timely warning of an impending strike. On the other hand, employers may submit a request to the Court of Preliminary Relief to ban a strike. This shows clearly that the outcome is uncertain in advance. It is also clear that the police, fire brigade and other public emergency services do not easily receive court approval for strike activity. The rotating strikes – ongoing in the Dutch police force in recent weeks – are somewhat unique in this respect.
To assist in reaching an agreement in this dispute, an investigating committee has been set up, led by former CNV Chair Doekle Terpstra, to assess how much leeway for negotiation exists between the parties involved. The committee issued its recommendations in mid February 2008, following which the minister and the trade unions have concluded an agreement providing for pay rises of 3.5% and 3.3% in the next two years. A new element to the agreement is that staff members in lower positions in the police force will receive a bonus totalling a gross amount of €1,800. At present, the trade unions are receiving feedback from their members who still have to accept the agreement.
Marianne Grünell, Hugo Sinzheimer Institute (HSI)