The National Office for Conciliation (ONC) announced its decision Thursday that non-conciliation as demanded by the LCGB following failed negotiations between the trade union and Cargolux cannot be requested nor declared.
The LCGB made reference to the possibility of decreeing non-conciliation after talks on a collective work agreement (CWA) between Cargolux and trade unions were cut short when an agreement could not be reached. Cargolux claimed to be surprised at this turn of events, opining that "an agreement was within reach", whilst the LCGB cited a lack of reciprocity from Cargolux in terms of job protection and growth guarantee as the reason behind the hindered negotiations.
The LCGB alluded to the possibility of demanding non-conciliation, but the ONC stated on Thursday that this would not be achievable as legal requirements thereof have reportedly not been met nor set the framework for legal industrial action.
Cargolux issued a statement Thursday commenting that "Cargolux management welcomed today's decision", whilst a statement released by the LCGB Friday described the trade union as "revolted" following the announcement. The LCGB continued by invoking Article 11 of the Luxembourg Constitution, guaranteeing the right to strike for all employees in the Grand Duchy and citing it as an "incomprehensible and unacceptable" denial of a "fundamental right."
The LCGB announced plans to "initiate all legal actions available to actively fight this arbitrary measure" and "inform international authorities of legal abuses in Luxembourg by filing a complaint with the International Labour Organisation" in the name of safeguarding working conditions for Cargolux staff.
