Trade unions in dispute with a number of feeder operators and ship managers over the implementation of a jointly negotiated collective bargaining agreement (CBA) will appeal the court’s preliminary decision announced on 27 August.
The appeal is due to be heard on 6 October, and is expected to focus on two major issues raised at the earlier hearing. According to the original decision, the reasonableness and fairness of the Unions’ position and the anti-competitive nature of the Non-Seafarers’ Work Clause, also known as the Dockers’ Clause, were cited in the judge’s ruling.
In a statement to Container News, the International Transport Workers’ Federation (ITF) said that together with its affiliated unions, it has filed an appeal in the case relating to the Non-Seafarer’s Work Clause.
“On 27 August 2020 the Court of Rotterdam refused preliminary relief which would immediately order a shipowner and manning agents to comply with the Non-Seafarers’ Work Clause,” added the ITF.
Following the conclusion of long negotiations with the Joint Negotiating Group of owners and operators the unions agreed a CBA which included the Dockers’ Clause. That agreement came into force on 1 January this year, but some employers are refusing to abide by the CBA claiming they were not represented in the negotiations.
The original case was brought by the unions against Marlow Navigation Cyprus, Marlow Navigation Netherlands, Unifeeder, Expert Shipping, BG Freight Line, Samskip, Eucon and X-press Container Line, in an effort to force the companies to comply with the negotiated CBA.
The ITF, along with its affiliates FNV Havens, Nautilus NL, and Ver.di have determined that there are several errors in the judgment and have, therefore, decided to appeal.
Nick Savvides
Managing Editor
