Bucharest Court Decides Subway Strike Is Illegitimate

The court's decision can be challenged in the Bucharest Court of Appeals within ten days.

Subway company Metrorex representatives told the court the protest should cease because, by law, one third of activity should continue, but in this protest it does not.

The unionists' lawyer said Metrorex has an approved budget for 2009, but the company's representatives refused to negotiate any salary increase even though, according to a memo issued by transport minister Radu Berceanu, the company registered a 33% profit this year.

The lawyer added a reduction in the number of trains could have increased the number of passengers waiting in stations, which, in turn, could have led to accidents.

Subway employees went on general strike Tuesday demanding wage raises of 20% and a new collective labor contract, because their old one expired on November 1. Transport Minister Radu Berceanu said there is no way he can approve wage hikes citing budget constraints. Besides, the subway company doesn't have an approved budget for 2010 so they can't negotiate wages.

The subway strike jammed traffic in the Romanian capital for the second day in a row Wednesday as the 600,000-odd people who usually take the subway used ground public transport or took taxis and personal cars.

Subway employees may not halt activity altogether because the law requires them to cover one third of regular activity even during a general strike, so subway traffic is resumed daily at 4 p.m..

If a court of law pronounces the strike illegal, employees are forced to get back to work without any negotiations and, consequently, without any wage hikes.

Besides the Bucharest Court's ruling on the legitimacy of the strike expected Wednesday, the Bucharest Court of Appeals is expected to rule Thursday on the subway company management's request to have the strike suspended for a month. Unionist said they would resume protests in January if the Court of Appeals moves to halt their action.

Subway union secretary general Florin Crisu said the court may rule to suspend the strike for a month, which means they can resume it after December 17.

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