Sympathy strike of a union HEADNOTES Facts The defendant "Union of Printing, Bookbinding and Paper Workers" ordered the employees of the plaintiff, an undertaking in the printing industry, to go on a "sympathy and solidarity strike" for a fixed period on 1.12.1981. This strike was intended to be in support of the "Union of Workers in Commerce, Banking and Insurance" (CBI) in an industrial conflict between it and company X. CBI wanted to obtain the conclusion of a collective agreement with company X. The plaintiff undertaking considered the sympathy strike to be unlawful. It claimed compensation from the defendant for loss of production; it also sought a declaration that the call to stop work had been unlawful. The labour court and the labour court of appeal dismissed the action. Decision 1. A sympathy strike by which a union intervenes in a collective dispute between another union and a particular undertaking about the conclusion of a collective agreement at the level of the undertaking, in support of the other union, is in principle unlawful. 2(a)The mere loss of production caused by the strike does not constitute damage in the sense of s.249, first sentence, CC. (b)However, the undertaking which
International Labour Law Reports Online – Brill
Published: Jan 1, 1984
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