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Workers' participation - duty to consult trade union before deciding on curtailment of operations - de facto decision taken by a foreign parent company HEADNOTES Facts Britannia Airways AB, which is registered in Sweden and flies charter planes, is bound by a collective agreement with respect to the Swedish Air Line Pilots' Association. The only customer of the company, TUI Nordic, organises charter flights. Both Britannia Airways AB and TUI Nordic are subsidiaries of the British-owned company TUI Northern Europe. Britannia Airways AB owns no planes, chartering them instead from another company belonging to the international group of companies where TUI Northern Europe is a parent company. As a result of the terror attacks on the USA on 11 September 2001, TUI Nordic found that there was a significant drop in the number of bookings, and it notified the parent company that the flight capacity ought to be reduced during the coming season. As a result thereof the parent company decided that Britannia Airways AB's aircraft fleet should be reduced by one airplane for long-distance flights. In a communica- tion in November 2001 Britannia Airway AB informed the employees that the parent company had made this decision concerning
International Labour Law Reports Online – Brill
Published: Jan 1, 2002
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