2023-11-24 22:38:00
A measure that does not pass. The deputies of the four left-wing groups appealed to the Constitutional Council against a law reorganizing air navigation services in the event of social unrest, but which “hinders (the) constitutional right to strike” of air traffic controllers, according to the applicants.
The law, initiated by centrist senator Vincent Capo-Canellas, was definitively adopted by Parliament after a final vote by the National Assembly on November 15. It requires any airline agent performing functions “the absence of which is likely to directly affect the performance of flights” to individually declare their participation in a strike action no later than two days before noon.
Currently, air traffic control unions must file any strike notice five days before a strike, ensuring a “minimum service”, but strikers do not have to declare their individual participation, unlike other employees of the air traffic control sector. sector. The new measure provided for by law is “disproportionate with regard to the right to strike which has constitutional value”, warn the four left-wing groups in the Assembly (LFI, PS, environmentalist, communist) in a referral signed by their four presidents.
An “instrumentalization of the right to strike and its unreasonable use”
“This individual notice period of 48 hours requires any air traffic controller to anticipate the strike movement and make an administrative declaration, likely to hinder their right to strike in the event of non-compliance with the imposed deadline”, while the notice period of five days in force already makes it possible “to anticipate the establishment of the minimum service and to ensure the continuity” of flights, they estimate.
Another grievance: they believe that the law should have specified a maximum period for conservation of strike declarations put in place, which “can make it possible” to “target agents according to their propensity to participate” in social movements. In a press release published Tuesday, November 14, the national union of air traffic controllers (SNCTA), the majority union in the sector, expressed itself in favor of the law, warning of an “instrumentalization of the right to strike and its unreasonable use” in certain circumstances.
The Minister of Transport Clément Beaune defended in the Assembly a “protective and balanced” text, which makes it possible to put an end to “an asymmetrical system” at the origin of a “disorganization of the public service”. The government has, however, committed to reviewing the terms of the minimum service system, which has applied to air traffic controllers since 1985.
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