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Legal battle around the "surprise strike" of the SNCF


The stoppage of work without notice, which has disrupted the traffic, gives rise to a juridico-administrative password.

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Mail against letter, letter to letter against letter to letter ... The case of the "right of withdrawal" at the SNCF turns to the general brawl involving administrative, jumble, the unions, the labor inspectorate of the Greater East Region, the management of the company and the government departments. According to our information, the General Directorate of Labor (DGT) is preparing, Tuesday, October 22, to publicly contradict - and sharply - his own labor inspectors of Alsace and Champagne-Ardenne, who had advocated the suspension of the train driving by an agent alone on board.

Since Friday, October 18, a work stoppage without notice has significantly disrupted SNCF traffic throughout France at the beginning of school holidays All Saints. The move was triggered two days after an ER accident - with only one driver and no controller - that left eleven injured in the Ardennes, which created a strong emotion among the rail workers and triggered a series of walkouts in the name the right of withdrawal in the face of serious and imminent danger.

"The DGT does not share the recommendations made by two agents in the light of the circumstances of fact and law," said the World Ministry of Labor, Monday, October 21. This position should be confirmed in an official letter sent to SNCF on Tuesday.

Read also Was the social movement at the SNCF a right of withdrawal or a strike?

"Outside the legal framework"

To find one's way in this series, one must go back to the accident of October 16, detonator of the movement. The lone driver aboard a railcar that had struck a road convoy at a level crossing had to leave his train, injured in the leg, to prevent an additional collision.

Immediately, a right of alert is triggered by the employee representatives of the SNCF in the Grand-Est region. In response, a labor inspector for Alsace and one of her colleagues in Champagne-Ardenne sent, Monday, October 21, two separate letters to regional branches of the SNCF that Le Monde was able to consult. Officials recommend suspending "the conduct of trains by a single agent on board" as long as the risks to a driver confronted with a collision in a train without a controller have not been fully and correctly taken into account.

It is a surprise. And this creates a real embarrassment for the SNCF and the government, who had refuted the idea that the exercise of the right of withdrawal could be invoked in this case, speaking of "wildcat strike", "outside the legal framework" . However, this recommendation confirms the invocation of a "serious and imminent danger" for an SNCF driver, since he is alone in his train. The unions, CGT in the lead, enjoy.

Source: lemonde

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