GWU argues over Freeport recognition

The General Workers Union filed a judicial protest against the Director of  the Department of Industrial and Employment Relations (DIER), arguing that the verification process carried by DIER staff at the Malta Freeport went beyond the powers of their office.

In its protest, the Union claims that the majority of engineers employed at the Malta Freeport are enlisted as its members. However when the GWU asked the principal to be granted recognition and start negotiating a section specific collective agreement, the principal referred the claim to the Director of the Department of Industrial and Employment Relations to verify which union has the majority of the employees as members.

The GWU argued that the verification process is null because Noel Vella, as Director of the Department, has no legal power to do the verifications asked of him. Such checks go beyond the powers of the DIER and consequently make him responsible for any repercussions his actions could lead to.

“The union repeatedly informed the DIER about this, and called for a secret vote by the employees, however the DIER always opposed this”, the Union claimed.

More than 50% of those employed as engineers are members of the GWU, but the union noted that on the list of people to be interviewed by the DIER there were additional employees. The Union also challenged this, but its calls remained unheeded.

The verification process went ahead, with a DIER officer being appointed to interview the employees and ask which union they belonged to. Moreover, the Union received complaints that when employees were stating their membership with the GWU, the DIER officer made suggestive questions that could have led to the employee declaring sympathy and affiliation with a different union.

A confrontation meeting was held on 15 May this year, where the employees argued with Noel Vella over the abusive way the interviews were conducted.

Vella acknowledged the abuse carried out by his officer yet did not inform the Union about the way the membership of the employees had been noted.

Furthermore the same officer was instructed to continue the interviews. At the end of the verification process, the DIER concluded that neither of the unions had 50%+1 of the employees, the number needed to be granted recognition.

The GWU called on the DIER to pay damages that the Union suffered due to the Department officer’s actions, and held Vella responsible for any further damages the Union could sustain.

Aron Mifsud Bonnici signed the judicial protest.