Decision to allow ETUC to support ITF case reflects significance of appeal outcome for protection of workers’ rights across Europe.
The Court of Appeal of The Hague has granted the European Trade Union Confederation (ETUC) permission to join appeal proceedings on the validity of the ‘Non-Seafarers’ Work Clause’ (NSWC).
The ETUC’s intervention in the case aligns with and supports the position of the International Transport Workers’ Federation (ITF) and its affiliated unions – that seafarers are at risk when, on top of their standard duties, they have to do cargo handling in ports instead of trained dock workers.
“The ETUC’s decision to join this case sends a clear message: Europe’s trade union movement will not stand by while collective bargaining rights are put at risk,” said Stephen Cotton, ITF General Secretary. “We welcome the Court’s decision to allow ETUC to intervene and we will continue to defend the right of workers and unions to negotiate and enforce collective agreements.”
The ETUC sought leave to intervene following the Court of Appeal’s earlier interim decision and because the outcome of the appeal could have significant consequences for collective bargaining and the protection of collective rights across Europe.
The ITF and its affiliates welcome the decision as reinforcing the shared determination of European and international unions and confederations to stand together and defend collective rights.
The Non-Seafarers’ Work Clause (NSWC) is a fundamental safety provision in ITF agreements which prohibits ships' crew from carrying out cargo handling services, such as lashing/unlashing, in ports where qualified dock workers are available.
“The issues raised in these proceedings go to the heart of protecting collective rights in Europe,” said Livia Spera, General Secretary of the European Transport Workers Federation (ETF). “By intervening, the ETUC is supporting the unions involved and underscoring that workers must be able to organise, bargain collectively and defend agreed standards.”
In its handling of the case, the Court of Appeal has indicated that it intends to refer preliminary questions to the Court of Justice of the European Union (CJEU) in connection with the appeal.
The referral process would allow the CJEU to clarify relevant points of EU law before the national proceedings continue.
ENDS
Notes to editors
- For more information on the Non-Seafarers’ Work Clause (NSWC), see here.
- The appeal concerns the validity of the Non-Seafarers’ Work Clause (NSWC) and its implications for collective bargaining and collective rights.
- The European Trade Union Confederation (ETUC) represents European trade unions at EU level.
- The International Transport Workers’ Federation (ITF) is a global federation of transport workers’ unions.
Media Contact: Mark Dearn | media@itf.org.uk | +44 7850 207412
About the ITF: The International Transport Workers’ Federation (ITF) is a democratic, affiliate-led federation recognised as the world’s leading transport authority. We fight passionately to improve workers’ lives, connecting more than 760 affiliated trade unions from over 150 countries to secure rights, equality and justice for workers’ globally. We are the voice for more than 16.6 million transport workers across the world.
