Court again blocks KLM ground crews from striking during heated contract talks

A judge in Amsterdam issued a ruling on Friday that blocks KLM ground crew workers from moving forward with a planned eight-hour strike next Wednesday. The FNV and CNV labor unions planned to carry out the strike on Wednesday afternoon and evening, after a summary proceedings judge in Haarlem previously blocked plans for a 24-hour strike on June 28 due to safety and security concerns that could arise at Schiphol Airport. The unions adjusted their planned walkout based on that ruling, but they again lost in a lawsuit filed by KLM citing excessive safety risks.

KLM’s attorneys also told the court that the unions were initially pushing for a salary increase. This led to KLM abandoning its plans for a wage freeze for its staff. A concrete salary offer has also been sent to the unions. But despite this, the unions do not wish to restart negotiations, and a new strike was announced.

In his decision on Friday evening, the summary proceedings judge took into account that the summer holidays are just getting underway. The court said it believes there are too few options for rebooking passengers whose flights would be cancelled, which would unfairly punish those travelers as a result.

Further, the court acknowledged arguments from KLM and Schiphol which detailed the risks of chaos at the airport if the ground staff of the airport's largest airline were to walk off the job. KLM wound not only suffer in such an action. There would also be "substantial" damage to third parties, such as other airlines and businesses at Schiphol, and passengers flying on other carriers.

The judge did reaffirm the possibility of taking action at Schiphol, pointing to smaller-scale union actions in the past that were not prohibited. Because of the issues at play, and the option to garner attention in other ways, the court said it was justified to restrict the workers' right to strike.

Aside from the unions' arguments, the labor representatives said during the hearing that they feared a ruling against them could ultimately lead to “wildcat strikes,” unauthorized walkouts by staff members without immediate union backing. These typically happen without prior notice as employees grow angrier and more frustrated. The unions say such a situation does not benefit anyone.

The airline said it was pleased with the ruling, calling it a "positive" development for "all passengers traveling with us next Wednesday, and for KLM as a company." Although the airline can maintain its operations, the tense negotiations with its unions remain. "We can find the answer to this at the [bargaining] table, not during a strike. It is now important to enter into discussions with all unions as soon as possible and to reach agreements together. We trust that FNV and CNV will join, just like the other unions, so that we can continue to work together on a new collective labor agreement," according to KLM.

FNV was "disappointed" by the verdict, considering how the strike plans were modified. As the strike was announced more than a week in advance, instead of the required three days, the labor unions argued there was little reason for the court to prohibit the latest attempt to strike by KLM workers. Lawyers for FNV and CNV told the Amsterdam courtroom they already discussed safety-related issues with KLM even before announcing the new strike, and that additional consideration was given to enhance security.

This led the FNV and CNV to plan the labor action on a relatively quiet weekday instead of a jam-packed weekend during the school vacation period. Other agreements were made, like a minimum staffing level to prevent unforeseen safety incidents from occurring. There is also an ability for workers to quickly break off the strike and staff their posts in case of an emergency.

“KLM and Schiphol both have the option to press the ‘red button’ during the campaign, at which point the campaign will be ended.” Either side would then have to justify their use of such a drastic measure during the labor action.

According to FNV director John van Dorland, the unions will now jointly consider their next steps. "We haven't decided anything yet," he indicated. "I also am unable to say whether we will appeal."

Van Dorland also said the possibility of going on strike is still on the table, but it must be discussed first. He could not say if the FNV and CNV would make an announcement soon, nor if they would again attempt to strike during the summer school holiday period.

The argument from the unions’ lawyers also referred to the right to strike and the possibility of taking action to demand a better collective labor agreement. “This is a classic strike conflict. It is obvious that this can lead to economic damage. But that is a normal business risk,” they argued.

KLM felt both attempts to strike were excessive. The airline argued that many passengers will be burned by the strike and that the strike will also cause tens of millions of euros in damage. Schiphol also warned that the strike will lead to “unacceptable risks.”

According to KLM, even a shorter strike during the busy summer holiday season poses a risk of major disruption at the airport. This includes, for example, transfer passengers being stranded and aircraft remaining parked in one place.

By scheduling the strike in the afternoon and evening, KLM was concerned about the prospect of heavy crowds forming at Schiphol, the second-largest airport in the European Union. They argue that people whose flights are canceled often still come to Schiphol to see if they can catch an alternative flight. That would not happen if the strike started in the morning.

A lawyer representing Schiphol has said that the airport has analyzed the union’s plans. Among other issues, it emerged that the aircraft parking spots at the gates could fill up completely. That would mean additional aircraft cannot be accommodated, and planes may have to divert to other airports. According to the attorney, passengers could also face long waits before being allowed to disembark.

In some cases, the Royal Netherlands Marechaussee may even have to be called in to remove people from a plane. Another factor would be the longer waiting times at the security checks. That could even cause delays of up to an hour in the days that follow due to lingering effects.

Schiphol’s attorney emphasized that the airport is not involved in the collective labor agreement conflict between the unions and KLM. Schiphol recognizes the union’s right to strike and KLM’s right to defend itself. The lawyer also pointed out that the passengers using Schiphol for their vacation also have rights. “We live in a time when that, too, is a fundamental right. I just wanted to point that out.”

The case on Friday was brought before the Amsterdam District Court due to a lack of available time on the docket at the Noord-Holland District Court in Haarlem.