A judge rules that Novaltia violated the right to strike with the transfer of striking workers

The High Court of Justice of the Basque Country (TSJPV) has ruled that the pharmaceutical distributor Novaltia has violated the right to strike with its decision to move 14 strikers to a plant without activityreported this Wednesday the ELA union, which challenged the measure.

As pointed out by the central in a statement, the ruling of the Social Chamber of the high court “contradicts” a report from the Labor Inspection that “endorses” the transfer of 14 workers, on strike for more than a thousand days in demand of the agreement .

The judicial resolution, which upholds ELA’s challenge and dismisses the company’s appeal, declare the transfer invalid to the Zaratamo workplace of 14 strikers, including the three members of the strike committee and the company committee of said union, announced by the management in February 2021, the same source has indicated.

He specified that the aforementioned work center was closed and without activity, so “there was no guarantee” of the effective employment of these workers once the strike ended.

The union has indicated that the sentence concludes that “no element of evidence has made it possible to understand the reason for the assignment of the 14 striking workers to the Zaratamo center.”

“Thus things are, with the result that only the strikers have been taken to Zaratamo and that there are no objective reasons to justify this decision – the resolution continues, as released by ELA -, we must understand that it responds, in reality, to a will of harming the legitimate exercise of the constitutional and fundamental right to strike, which is why we also declare the nullity of this measure”.