KLM ground staff are not allowed to conduct a 24-hour strike on Saturday, the District Court in Noord-Holland ruled on Wednesday. The FNV and CNV labor unions had announced their plan to strike to reinforce their demands for greater protection of employee purchasing power and eliminating a planned wage freeze, but KLM filed a lawsuit requested a summary proceeding, arguing the labor action is disproportionate. FNV said it is considering its possibilities for other strikes and labor actions.
At the Haarlem branch of the court, the interim relief judge sided with KLM. The court ruled the strike is too drastic when weighed against the potential safety problems that can arise at the airport, the second-largest in the European Union by passenger volume.
The fundamental right to go on strike should be restricted in this case, the court determined. In the ruling, the judge focused primarily on the concerns Schiphol had expressed. Lawyers for the airport said that severe issues would arise if ground staff stopped towing aircraft, causing aircraft to be crammed into some spaces, saying passengers would be forced to wait inside departure halls or remain inside their airplanes.
The judge agreed with Schiphol that the potential security risks are unacceptable, also because it would put extra pressure on the Marechaussee, particularly those officers staffing Customs areas. The military branch is already being pushed to its limit due to the NATO Summit in The Hague this week.
The judge did not accept the unions’ argument that a 24-hour strike is actually safer than shorter, targeted strikes. The unions said a stoppage of all KLM flights means passengers will not go to Schiphol, and KLM aircraft will also not be flown to the airport outside of Amsterdam.
But KLM and Schiphol said during the hearing that the airport will never be completely empty. Furthermore, Schiphol’s operational director, Patricia Vitalis, feared that passengers would still travel to the airport to try to arrange a flight, which would lead to chaos.
The verdict was “enormously bitter” for FNV, the union said. “Our right to strike is being restricted,” said union leader John van Dorland. He warned that KLM is still not free of the prospect of labor actions. “We are now considering next steps,” he stated.
The airline itself advocated a wage freeze because major cost savings are needed. “This result mainly has losers: there is still no improvement for KLM Ground staff. Inequality is still great and frustration among employees is growing precisely because they cannot maintain their rights,” said Van Dorland.
The court’s decision “deeply disappointing,” said CNV union negotiator Souleiman Amallah. “We will first study the ruling carefully,” he explained, adding that there is already unrest among the workers. “The anger among the employees will only increase, so I seriously wonder what KLM has actually gained from this today. And we are keeping all options open for strikes at a later date, because the court’s ban is mainly related to this peak day. So KLM is certainly not rid of us yet.”
The Dutch airline was pleased, saying the injunction is “good for our passengers and the company.” At the same time, KLM warns that the collective labor agreement dispute has not yet been resolved, and said it wants to consult with all unions about the ongoing negotiation as soon as possible.
The airline also stated that the unions resorted to strikes too early in the process as a means of exerting pressure, because the company wanted to continue talking about wages, and it still does. “KLM wants to continue talking with all unions about the collective labor agreement in order to work together on deals that are good for everyone,” said HR director Miriam Kartman.
Schiphol Airport said the judge’s ruling was “positive for travelers.” The airporte stated, “This ruling underlines the great importance of safety and public order at the airport.”