The Arbitral Tribunal has ruled that minimum services of 25% will be in place during the CP strike starting Sunday until Wednesday. This decision affects the strike called by the Itinerant Commercial Review Railway Union (SFRCI), involving ticket inspectors and ticket office staff.
These minimum services come at a time when the strike by the Train Drivers' Union (SMAQ) will no longer be total, as it is today and on Thursday, being limited to supplementary work, including work on weekly rest days.
The CP has indicated on its website that "minimum services have been defined for the period between May 11 and 14," publishing the lists of trains covered by the decision.
According to the arbitral tribunal's decision, "the reason for this fixation is to ensure minimum rail transport when there are no other alternatives or, if they exist, they are excessively costly." Thus, in this context, "it was considered appropriate to set minimum services related to the circulation of trains at 25% of what would be their normal circulation, not fully accepting CP's proposal of 30%."
This decision contrasts with the one adopted during the strike promoted by the same union on April 28, where no minimum services were set because it was considered that the effect of the strike would be limited to one day.
The tribunal justified the 25% minimum services by stating, "considering the fact that this company carries out an activity with enormous social relevance, the announced strike should be limited in what is considered 'unavoidable social needs'." These are represented by allowing some train circulation at a minimum level that does not compromise passenger safety, with the accumulation of people at stations and overcrowding of trains.
On the other hand, it added, "the percentage set by the Arbitral Tribunal respects the essential core of the right to strike."
The CP's failure to guarantee safe conditions for passengers was the argument used by the tribunal not to decree minimum services in strikes called by a platform of 14 unions that paralyzed rail transport between Wednesday and Friday. This decision was contested by CP in court, with no known outcome of this appeal. At the time, the setting of minimum services of 15% was at stake.
The arbitral tribunal that ruled on the obligation of public services in the three strikes had different compositions. But the first two that did not set minimum services were chaired by constitutionalist Jorge Bacelar Gouveia. In the most recent decision, the presiding arbitrator was Luís Menezes Leitão, former president of the Bar Association.
CP train circulation has been halted due to strikes by various unions, with the arbitral tribunal not setting minimum services for the other strikes.
The Arbitral Tribunal explained on Thursday that it did not decree minimum services in the CP strikes because the company warned that a 15% circulation would not guarantee the physical safety of passengers.
This clarification comes after "various news and controversies that have come to light regarding the several strikes at CP," explained the Arbitral Tribunal of the Economic and Social Council in a statement.
The strikes on Wednesday and Thursday were called by a coalition of 14 unions, with the Train Drivers' Union (SMAQ) joining on Thursday, being the only union on strike today.
The Itinerant Commercial Review Railway Union (SFRCI), of ticket inspectors and ticket office workers, has called for a partial strike between 05:00 and 08:30 from Sunday to Wednesday.
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