The Labor Court flew Arkia pilots

The Tel Aviv Regional Labor Court forces Arkia pilots to take off for Seoul: issued a restraining order and ordered them to carry out the antigen test flights. The decision was made after the pilots, backed by the Histadrut, refused to make the delivery flights from Korea

Between Ashkenazi

18/01/2022

Tuesday, 18 January, 2022, 09:22 Updated: 10:09

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The Tel Aviv Regional Labor Court issued a restraining order against Arkia pilots who are on strike and ordered them to carry out the antigen test delivery flights from Seoul

. The

restraining order was issued at Arkia's request by Judge Dafna Hasson Zakaria, who was joined by public representatives Avi Ayalon and Shoshana Suzanne Samek. Industrial and in the absence of a declaration of a labor

dispute.On the other hand, the pilots argued before the court that they do not take sanctions, and that the company's requirement to be included in flights exceeds their obligation under the collective agreements, and therefore there is no room for restraining orders.

The background to the controversy is the company's order for pilots to join six cargo flights that are scheduled to take off for Seoul, starting today at 5:00 PM until Saturday, January 22, 2015, in order to bring antigen test kits to Israel, in an operation coordinated in advance with the Ministry of Health. On schedules agreed with the firm.

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The previous campaign between Arkia employees and the company's management, in July 2020, following which collective agreements were signed (Photo: Shlomi Gabay)

"Coordinated Collective Activity Unlawfully Taken"

The Histadrut, which joined the process, sided with the pilots 'claim and did not take sanctions, since the requirement to stay on flights to Seoul, which involves a long stay outside the home, exceeds the pilots' obligation by virtue of the collective agreements applicable to the parties. The Histadrut also claimed that in the collective agreement signed between the company and the pilots, there is no additional compensation for the additional work required of them to perform the additional flights.

The court's decision was made because it is not a refusal of individual pilots but an organizational measure of sanctions, the purpose of which is to put pressure on Arkia to respond to the pilots' demand. The tribunal therefore ruled that "this coordinated collective action is being taken unlawfully since it is being carried out during a period of commitment to industrial silence and the extraction of claims."

At the end of the decision, the judge and representatives of the public wrote, "However, in view of the temporary order, while Arkia pilots are required to cooperate with the company to bring antigen tests needed to maintain public health and continue normal economic activity, at the height of the current corona wave." Israel, the respondents were expected to cooperate with the company, and not to use this time to achieve economic achievements at the kibbutz level.

In such circumstances, a decision to work "according to the book" constitutes sanctions.

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Tags

• aviation

• Pilots

• Arkia

• Regional Labor Court

• strike

• The Histadrut