The Taipei High Administrative Court yesterday upheld a ruling by the Ministry of Labor banning China Airlines (CAL) from extending benefits that union members obtained through a strike in 2016 to nonunionized employees.
The court agreed with the ministry that the airline’s decision to offer the same benefits, including pay raises, to nonunion members violated Article 13 of the Collective Agreement Act (團體協約法) — also known as the “free-rider clause.”
The company not only offered the same concessions to employees who did not take part in the strike, but allowed the latter to enjoy them a day earlier than members of the Taoyuan Flight Attendants Union.
The airline’s flight attendants were on May 5, 2016, informed through text messages that beginning from the next month they would have to report to Taiwan Taoyuan International Airport and work on a new “flexible” schedule.
More than 60 percent rejected the new work conditions, as changing their work location would significantly increase their commute and reduce their rest times.
On the evening of June 23, 2016, the union announced that it would at midnight begin a strike to fight for better work conditions after more than 70 percent of its members voted to support the action.
The union also announced that only members who would take part in the strike could enjoy any agreement that the union would reach with the company.
Union members who joined the strike were required to hand their passports and employee cards to the union.
The airline expressed its disapproval before, during and after the strikes, causing great stress among union members, who risked being punished the airline, the court said.
Other employees, who are members of different unions, did not participate in the strike, the court said.
Some of them openly opposed the strike at a news conference and did not ask for the same benefits until the Taoyuan Flight Attendants Union successfully reached a deal with the company, the court said.
The airline’s decision to give the same benefits to employees who were not members of the union a day earlier cost the union members and should be considered “improper labor practices” as determined by the ministry, the court said.
Additional reporting by Ann Maxon
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