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Legal ruling on strike – claim for damages to be filed against Unia

Swissmetal has initiated steps towards obtaining a court ruling concerning the recent events at its Reconvilier production site. The company wishes to file an indemnity claim against the Unia trade union for the financial damages it incurred as a result of the illegal strike at the Reconvilier plant in February 2006. Based on current figures, these damages are likely to total in the region of CHF 5 to CHF 10 million.

 

In filing this claim, Swissmetal is not simply pursuing its own ends. What happened at Reconvilier triggered a nationwide debate in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Switzerland about the legality of strikes and the responsibility of trade unions to maintain industrial peace. It is therefore not only in our interest, but also in the interest of the general public, that a legal ruling is obtained concerning the Reconvilier strike and its consequences. The key question is whether a trade union should accept responsibility for financial damages which are incurred due to the violation of legal norms and general employment contract provisions, i.e. violation of the duty to act in maintaining industrial peace.

 

In the meantime, Swissmetal has decided to terminate a book project related to the strike, as this issue can be dealt with more objectively and efficiently via legal action.

 

From a general point of view, Swissmetal continues on a steady course towards implementing its clearly defined strategic objectives and, specifically, towards getting the Reconvilier plant back to normal in terms of production operations and overall working atmosphere.


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