The protest on Friday 13

Strike, Usb challenges Salvini's precepts. Here is the penalty that workers and union risk paying

The grassroots union confirms the 24-hour general strike in defiance of the deputy prime minister's order reducing it to four hours. The administrative penalty for workers is up to one thousand euro and up to 50 thousand for the trade union, which is ready to lodge an appeal with the TAR (Regional Administrative Tribunal)

by Giorgio Pogliotti

SCIOPERO NAZIONALE DEI TRASPORTI PUBBLICI LOCALI, AUTOBUS, BUS

3' min read

3' min read

The grassroots trade union Usb has decided to challenge the precept order signed by the Minister of Transport, Deputy Prime Minister Matteo Salvini, reducing the duration of the 24-hour general strike called for Friday 13 December (starting at 9pm on Thursday) to 4 hours, limiting it to between 9am and 1pm in local public transport, railways, maritime transport, and taxis (air transport had already been excluded) .

USB confirms 24-hour stoppage

The Usb confirms the 24-hour stop. Leaving the meeting convened by Minister Salvini, as part of the cooling-off procedures provided for by the law on strikes, the Usb representatives recalled how 'the Guarantee Commission found nothing to object to on the general strike of 13 December, which will involve all public and private categories in addition to transport', and they 'advised the minister against proceeding with an order: already last year, in a similar situation, our union had disobeyed the order and had appealed to the TAR, winning'.

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Usb refers to the judgement of 28 March 2024 of the Lazio Regional Administrative Tribunal (TAR) (third section), which ruled against the order of Minister Salvini to reduce the national strike of local public transport called by the same basic union, together with other autonomous unions, for the day of 15 December 2023. The TAR, in that ruling, annulled the Ministry's order and condemned the same to pay the legal costs.

The sanction against the worker and the union

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But what do those who violate a precept order risk? In the event of a violation of the precepting order, there are economic sanctions against each 'guilty' worker, ranging between 500 and 1,000 euro, and an administrative fine of 50,000 euro for the trade union responsible. It remains to be seen, therefore, whether the trade unions will confirm the hard line, or choose at the last minute not to expose the workers to the payment of a sanction, adhering to the order, as happened on the occasion of the last strike called by CGIL and UIL.

It is to be expected that on this occasion, too, the Usb will lodge an appeal with the TAR (Regional Administrative Court) to oppose the order of precept, which it considers illegitimate, and to avoid having to pay sanctions. For the grassroots union, the absence of reports from the Guarantee Commission 'leaves very little room for intervention by the minister'. According to the aforementioned judgement of the Regional Administrative Tribunal, 'it is indispensable to clearly explain the special reasons of necessity and urgency, relating to supervening facts that may have occurred close to the abstention, such as to legitimise the minister's officious intervention'.

Salvini: millions of Italians cannot be left stranded

Minister Salvini himself wanted to explain his reasons for intervening: 'There is a strike called by someone for Friday, I have intervened by reducing the strike to four hours, not 24 hours. Whoever wants to strike will go on strike, but subways, trams, buses and railways will have to work because millions of Italians cannot be left stranded ten days before Christmas'. The deputy prime minister said he was ready to rework the 'rules on strikes', because 'since this government took office we have reached a thousand strikes'.

Moreover, the minister himself recalled that on Tuesday night an agreement was reached between companies and trade unions, under the mediation of the ministry, for the renewal of the public transport contract affecting more than 110,000 train drivers, a fact that should help to defuse the climate of conflict in local public transport.

Pre-agreement on renewal of Tpl contract

The pre-agreement reached on Tuesday night provides for an average salary increase of 13% at the end of the three-year period for the 2024-2026 contract, which will compensate for the loss of inflation. The total increase from 2024 to 2026 will be an average of EUR 200 gross divided into two tranches, paid in March 2025 and August 2026, and a one-off payment of EUR 500 gross in arrears will be paid in the February pay packet, considering that the contract expired at the end of 2023.

Companies and unions are waiting for a meeting at the Ministry of Transport to transform the pre-agreement into an agreement on the contract renewal, but the parties are demanding answers from the government, first and foremost on the allocation of resources to the sector, given that the 120 million in the Budget Law is considered totally insufficient.

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