Shipyard workers protest in support of suspended colleagues

A number of workers were suspended from work at Malta Shipyards for having been found asleep during the night shift. This gave rise to an industrial dispute between the General Workers Union, representing the workers, and the management of the company. The minister concerned kept a very high profile during the dispute by making public statements of his full support for the management action. Although at first the dispute seemed to be heading towards open confrontation, eventually both sides resolved the matter by abiding by procedures.

The management of Malta Shipyards Ltd accused seven workers of sleeping during their night shift and immediately suspended them on half pay pending the decision of the disciplinary board.

In order to show solidarity with their suspended colleagues, some employees stopped work and stood in front of the human resource manager’s office. The General Workers’ Union (GWU) described the workers’ stoppage as a ‘peaceful walk’ that lasted for a few minutes to show support for the suspended workers. There were no threats or heckling, and employees returned to their tasks after they were addressed by union officials.

Nevertheless, the Minister for Investment, Industry and Information Technology, Austin Gatt, under whose portfolio the Malta Shipyards fall, warned these employees that if they were to continue to take part in ‘illegal stoppages’ they would be immediately sacked. He further declared that the government would not tolerate what he described as ‘high-handed trade union actions’ reminiscent of those in the 1970s and 1980s. However, Minister Gatt stopped short of saying that the government would go as far as closing down the shipyards if the union were to escalate its actions.

View of GWU

In representing the shipyard employees, GWU – the largest general trade union in Malta – registered an industrial dispute, declaring that the management’s reaction was not in line with the procedural clauses of the collective agreement. The Section Secretary of the Metal and Construction Section, Charles Agius, noted that Clause 46 – which these workers are alleged to have breached – deals with ‘idleness, loitering or skiving on the place of work during normal time or overtime’. Mr Agius insisted that this clause does not give the right to management to suspend workers. Instead, it provides that ‘management may choose to penalise employees by means of a caution or else submit offenders to disciplinary procedures’. GWU informed the human resource department that it was ready to take industrial action if the suspended workers were not allowed to return to work.

Attempts to resolve the issue

A conciliation meeting was set between GWU representatives, Malta Shipyards management and the Director of Industrial and Employment Relations, Noel Vella, in the hope of resolving this case. The trade union claimed that the workers found to be asleep on the job had been overworked. Indeed, GWU reported that management had contravened the EU working time directive (Directive 2003/88/EC), as these employees were requested to work for 16 straight hours. The union representatives agreed that the employees should be disciplined if found guilty but suspension was unacceptable. Conversely, the shipyard management insisted that it had respected all clauses dealing with disciplinary actions stipulated in the collective agreement.

Meanwhile, the company’s disciplinary board held a meeting to deal with this alleged breach by the seven employees. It decided to let the employees return to work a few hours before the conciliation meeting. Nonetheless, six of them were still facing suspension without pay for a number of days as they were found guilty; the board was to decide on the exact number of suspension days at a later meeting. Regarding the seventh employee, the board stated that it needed more evidence before it could take a decision.

GWU expressed satisfaction ‘that the management had accepted the workers back to work’ and announced that together with management it would discuss amendments to the clauses of the collective agreement dealing with discipline. However, the shipyard management denied that it had agreed to a change of disciplinary procedures and again insisted it had the right to suspend workers if rules are broken. Minister Gatt affirmed that it was management’s prerogative – and it was in line with the collective agreement – to suspend workers. Furthermore, the Chair of Malta Shipyards, John Cassar White, made it clear that the management’s decision to allow workers back to work was not influenced by any pressure from GWU.

Mr Agius revealed that the suspended employees had decided to appeal the disciplinary board decision. The employees had given notice of their appeal and were preparing their case.

Commentary

The protest action taken by the workers who stopped work to show their solidarity with their fellow suspended workers must have embarrassed GWU. Although the union threatened industrial action, it was always conciliatory in its tone. Both sides managed to resolve the matter by following the procedures. In spite of some heated rhetoric, neither of the two parties was intent on escalating the dispute.

Christine Farrugia, Centre for Labour Studies