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At the ports of Ashdod and Haifa they will not be able to strike in protest of the operation of the private port - voila! Of money

2022-12-22T09:06:20.053Z


The old port workers will not be able to strike because of the unloading of general cargo at the new ports, the National Labor Court ruled


Haifa Port: The workers will not be able to strike (for example) in protest of grain unloading at the Gulf Port (Photo: Reuven Castro)

A victory for the Union of Chambers of Commerce and the Federation of Manufacturers: the National Labor Court ruled that the old port workers have no grounds for a strike for unloading general cargo at the new seaports.



The court also determined that they have no cause for a strike due to the decision of the Minister of Transportation and the Minister of Finance to allow the new ports to use new deserted port docks for a period of two years. The old ports cannot initiate any organizational measures, but rather continue to work at full capacity and in a regular and continuous manner



. The National Labor Court, following the petition of the Chamber of Commerce and the Association of Manufacturers and a reasoned 43-page ruling, stated that the old port workers in Haifa and Ashdod are not allowed to strike due to the fact that the new seaports in Haifa and the south unload general cargo ships and not just container ships.

After receiving temporary orders against the strike, as of yesterday the order became permanent.



This brought to an end an almost year-long legal process in what appears to be a great victory for the Chamber of Commerce and the Association of Manufacturers (and in their opinion also for the Israeli economy as a whole), obliging the old ports to continue working at full capacity and in a regular manner without strikes and without shutdowns and giving the legal authorization to unload general cargo ships at the new sea ports.

The Chamber of Commerce was represented in the proceedings and discussions throughout the year by the VP of Law and Administration, Attorney Shlomi Levia.

Uriel Lin, president of the Association of Chambers of Commerce: "Historic decision" (Photo: Government Press Office, Mark Israel Salam)

A historic decision

Attorney Uriel Lin, president of the Union of Chambers of Commerce:

"This is a historic decision.

For the first time it will be possible to operate all the port docks for unloading general cargo and bulk cargo.

At this stage, the way is open for the Ministers of Transport and Finance to allow full operation of all sea docks in Israel, Haifa and Ashdod without time limit for unloading general cargo and bulk cargo.

This move will greatly reduce the costs of sea transportation to Israel."



Here is the chain of events that led to the verdict: In January of this year, the Chamber of Commerce petitioned the National Labor Court due to a notification of a labor dispute by the General Workers' Union that sought to shut down the old seaports on the grounds that they had been promised exclusivity for unloading cargo ships General and that the reform agreements signed in the two old seaports dealt only with the consequences of the opening of competition in container ships and did not regulate the consequences of general cargo ships at all.



In April, the Minister of Transportation and the Minister of Finance gave permission to the new seaports to use deserted port docks for a period of two years in order to overcome the unbearable delays in the old seaports.

The General Histadrut also came out against this approval on the grounds that it is an introduction of the competition by ten years and without a new platform being built for it as written in the reform agreements and even claimed that it has no assurance that the approval will not be extended beyond the two-year period.



The Chamber of Commerce claimed that the Histadrut puts the interests of a handful of workers above the economy as a whole and that it is mandatory to make use of the entire existing port infrastructure in order to respond to the unbearable delays and traffic jams that impose costs on the entire economy and contribute to the increase in the cost of living in Israel because it prefers that the ships wait at the port where the port will wait for ships;

This is a political strike designed to sabotage the opening of the port market to competition without restrictions on one or another type of ships;

and that the damage to the economy as a result of a strike and more at a time when we were at the height of the chaos crisis and the delays at the ports cannot allow the ports to be shut down even for one day.



The National Court accepted the claims and determined that the reform agreements sought to regulate the port market as a whole and not just one section of it (containers) as the Histadrut claimed and since the reform agreements include the exhaustion of claims and industrial peace clauses, the declarations of the labor dispute and the Histadrut's strikes in January and April constitute a violation of the agreement.



The Vice President, Judge Ilan Itach

: "Since it was not established in the reform agreements that they regulate only part of the consequences of the reform, and the extraction and quiet clauses did not exclude the issue of general cargo or the issue of berth allocation, including the advance of the allocation, the January and April announcements aimed at the old ports are contrary to the Histadrut's obligations in the reform agreements for the exhaustion of claims and industrial peace. Therefore, the Histadrut is not allowed to take organizational measures in the old ports on their own."

  • Of money

Tags

  • South Port

  • Port of Haifa

  • Ashdod port

  • Union of Chambers of Commerce

Source: walla

All business articles on 2022-12-22

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