Failure for port trade unionists: The court declared the PSA strike illegal

He Higher Labor Court of the First Judicial District declared the recent port strike illegal Panama International Terminal SA (PSA), a heavy blow for unionists in the port sector, as they were warned of the serious consequences of paralyzing a terminal that serves global trade, classifying it as a “public service”.

This court issued an affirmative decision supporting the decision it made The first labor court, decision no. 48 of August 23, 2023, which already declared the strike it called Industrial Union of Port and Land Cargo Service Workers (Sitrasecapot) v. PSA Panama International Terminal SA

The court’s decision established that the strike, which was wrongly stated by V Ministry of Labour, did not meet the conditions to be considered legal. This decision is based on a detailed analysis of the arguments of both sides, supported by the applicable labor regulations.

The court emphasized that PSA Panama International Terminal SA. is dedicated to port activity, especially to the administration and management of sea and land import and export cargo transport, according to Article 486. work code, represents a public service, which is why it is necessary that the service is not completely paralyzed due to the serious consequences that this entails.

According to Articles 476, 487 and 488l Labor Law, along with Article 490certain conditions are set for declaring a strike in public services, among which is the establishment of extraordinary shifts between 20% and 30% of the total number of workers, which was not fulfilled in this case.

In a note addressed to the Regional Director Labor, the union admitted that only three workers and the superintendent could provide functions in emergency shifts, which was insufficient to guarantee the continuity of the public service.

Furthermore, non-compliance with the condition of the qualified majority expressed in Article 476. Operation code. They minimally supported the strike 319 workers, which apparently, according to the data of the trade union organization, did not constitute the majority required for the strike to be legal, that is, it did not have the support of the majority of the total number of company workers.

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In June 2023, PSA workers called for a strike,

In spite of, Ministry of Labour He kept the company closed due to the strike until he declared arbitration, creating serious consequences for the supply chain.

The company referred to a series of violations and inconsistencies, supported by the status of a public service company, which served as the basis for reaffirming, in the second degree, the illegality of the strike called on June 1, 2023.

This judgment establishes that both Sitrasecapot and Mithradel should have respected the legal conditions founded in Operation code for companies that provide public services.

By omitting these procedures and conducting a count, Mitradel should have completed the process and reinstated the re-opening of the terminal at the end of the vote, since Sitrasecapot did not have the majority of votes to strike. This led to the decisions that they determined the illegality of the strike declared in PSA.