Strike on Friday 17 November, injunction in sight: how and why it can be triggered

After the unions’ no to Minister Salvini’s requests to reduce stop times, the ordinance could arrive soon

Prescription in sight for the general strike next FridayNovember 17, proclaimed by CGIL and UIL against the economic maneuver. After the unions’ no to the request made by the Guarantor and the Minister of Transport, Matteo Salvinito reduce from 8 to 4 hours the mobilizations that will affect local public transport, rail transport, public employment, post offices and environmental hygiene workers, the chances that government intervention will not materialize are slim.

The However, MIT will have until midnight today to issue the ad hoc ordinance: law 146 of 1990, and subsequently amended in 2000, provides that “the ordinance is adopted 48 hours before the start of the collective abstention, except in the case in which the attempt at conciliation is still in progress or reasons of urgency”. The provision that imposes a time limit on the strike can be adopted when “there is a well-founded danger of serious and imminent damage to the constitutionally protected rights of the individual”, not a simple risk but “an intolerable damage” to the exercise of users’ rights on the basis of a predictive evaluation.

The measure is adopted by the Prime Minister or in case of national importance, by a Minister appointed by him at the request of the Guarantee Commission, preceded by an invitation to the parties to desist from the behaviors that determine the dangerous situation, as well as by an attempt at conciliation . The ordinance must provide, as the law further explains, the deferral of abstention or the reduction of its duration, and the imposition of minimum levels of operation of the service compatible with the enjoyment of the person’s rights. For this reason, the law continues, there cannot be “a pure and simple ban on striking”. The injunction can be challenged by the unions before the TAR even if this does not suspend the effectiveness of the order. In case of violation of the ordinance, the authors, unions and workers, would be subjected to an administrative-pecuniary sanction with an injunction order.