Notice of conflict to Ryanair
LO has today submitted a written complaint to the Labour Court to pre-approve any future conflict against the Irish discount airline Ryanair. The case is initiated while Serviceforbundet has announced conflict against Ryanair.
- Ryanair claims that they are not covered by Danish legislation. The LO disagree because they have bases in Denmark. Ryanair has also said that they will meet any conflict with legal action. Therefore, we now ask the Labour Court in advance to validate the conflict warning of Serviceforbundet as legal, says LO's lawyer on the case, Peter Nisbeth.
With declaratory relief is the LO's desire to resolve the matter as quickly as possible and preferably before 26 March 2015 when Ryanair starts a base in Copenhagen.
Serviceforbundet serves strike notice.
The letter from the LO to the Labour Court is handed while Serviceforbundet warns of conflict against Ryanair because Ryanair firmly refused to enter into negotiations for an agreement with Serviceforbundet, via Flight Personnel Union (FPU) who organizes pilots and cabin crew.
Ryanair has announced that the airline will start flights from Copenhagen Airport, March 26.
- The very best would be to meet with Ryanair in order to enter into an agreement. Ryanair unfortunately categorically rejected this and therefore Serviceforbundet - fully in line with the Danish labor market model - serve notice of conflict, says Thilde Waast, chairman of the FPU.
If Ryanair continues to refuse to enter into negotiations for a collective agreement, the main conflict may later be backed by a sympathy conflict from members of the LO unions. This means that members of an LO Federation do not perform tasks arising from or destined for the conflict-affected employer. It may mean that Ryanair cannot get luggage handling or refuel. The extent of sympathy will be coordinated between the federations.
Fact Sheet on Ryanair - The Danish Model in practice
Ryanair has announced that they establish a base in Kastrup Airport starting on 26. March 2015.
Flight Personnel Union, which is part of the Serviceforbundet has agreements with other airlines based in Denmark. Serviceforbundet also wants an agreement with Ryanair. An agreement to ensure proper conditions for pilots and flight attendants on Ryanair bases in Denmark.
Under EU rules on airtraffic, every crew member shall be assigned a home base. Here it starts and ends duty. The laws of the country where the home base is located are applicable to crew members. It is established, inter alia, by a Norwegian judgment on Ryanair (Norway follows the EU rules) and a Danish judgment on Sterling's bankruptcy. If you base in Copenhagen, it is therefore Danish law applicable.
Tax is paid to Denmark. And Serviceforbundet has also signed agreements for other companies based in Denmark
Ryanair has flatly rejected the union's desire for a collective agreement
Serviceforbundet has announced a major conflict against Ryanair, from the company base starts up on March 26. The purpose of the Danish rules on conflict of notice is to establish a contractual arrangement and preferably before a conflict is started. Technically a main conflict is comprised of the strike and a blockade (which is not a physical barrier). This means that the members of Serviceforbundet may not accept employment in Ryanair, and those who are already employed go on strike. The blockade does not require any notice when Ryanair has refused to negotiate. The strike, in turn, requires notice equivalent to the members notice.
If that's not enough to get the employer to the negotiating table, the main conflict may later be backed by a sympathy conflict from members of the LO unions. This means that members of a federation LO may not perform tasks arising from or destined for the conflict-affected employer. The extent of a sympathy conflict will be coordinated between the federations.
Notice of sympathy strikes are served to the employer-associations, which have member companies that may have business with the employer. In Ryanair's case, it might be the act of luggage handling, check-in, or fuel. 2 notices of sympathy conflicts are served with 7 days apart - then the sympathy conflict to take effect. Finally, a sympathy conflict means that employees who are LO-members in Ryanair can be called out in sympathy strike
Ryanair at a press conference stated that they will meet any blockade and conflict with legal action. Therefore, LO brought before the Industrial Court the claim that Ryanair must recognize that the notice of conflict is legal. The Labour Court in Denmark has the opportunity to handle cases of conflict legality urgently. The LO wish that the matter will be settled before March, 26, 2015, where the Ryanair base in Kastrup starts up.
Bear with me - tough one to translate