Senators want to limit the right to strike in public transport

The strike by SNCF controllers during the February holiday chase, which left hundreds of thousands of passengers on the platform, was the straw that broke the camel's back. It echoed the social movement of Christmas 2022, where customers were also deprived of TGV. Even the countless surprise stoppages in everyday transport which cause delays at the office or workshop for their users. “Before, the social partners in transport started by negotiating and if the discussions were unsuccessful, it led to a strike. There, coordinations or movements born on Facebook strike first to influence the negotiations,” laments Hervé Marseille, centrist Union senator (Hauts-de-Seine).

To put an end to these social movements which bring France to a standstill at sensitive times, the member of the High Assembly tabled, on February 14, a bill aimed at regulating the right to strike in public transport (excluding plane). A text which will be examined this Wednesday April 3 in the Sustainable Development Committee, before arriving in public session on April 9 afternoon. “Since 1947, there has not been a year without a day of strike at the SNCF,” sighs Philippe Tabarot, senator LR (Alpes-Maritimes), rapporteur of this bill. This desire to move forward on the subject also resonates with the approaching deadline of the Paris Olympic Games: the CGT-RATP has filed a strike notice from February 5, 2024 at 7 p.m. to Monday September 9, 2024 at 8 hours.

Concretely, the text submitted to the Senate is inspired by the Italian situation where strikes in transport are prohibited during certain holiday periods (Christmas, Easter, summer, etc.), or the three days which coincide, precede or follow major elections. national… But French senators are aware of making progress on a sensitive subject: in France, the right to strike is constitutional. To avoid the wrath of the Constitutional Council, Philippe Tabarot rounded the corners. And it is his version which will be submitted to the vote of the sustainable development committee in the Senate, not that of Hervé Marseille, more maximalist.

Also read Plane, train: passenger rights in the event of a strike, delay or cancellation

The main measure would consist of protecting thirty days during which the strike would be prohibited. “The big departure days, Christmas, Easter, July 14, August 15… would be affected,” indicates Philippe Tabarot. And this during peak hours, for example between 7 a.m. and 9 a.m. and 5 p.m. and 8 p.m. » This limitation of the right to strike would only concern those who participate in the operation of trains, metros, buses or trams (drivers, controllers, etc.), not administrative staff. Of these thirty days without a peak hour strike, there could not be more than seven in a row. There is therefore no question of banning social movements from July 14 to July 31.

Setting these days would be the subject of discussions for a month between professional federations, unions and the Ministry of Transport. At the end of these negotiations, at the beginning of the fourth quarter, a decree would be published, recording the list of fixed days. Those who do not respect this text could be subject to disciplinary sanctions as a warning; they would not incur criminal sanctions (fine, imprisonment, etc.).

Other measures, less symbolic but which are important, appear in this bill. “The dormant notices, some of which are filed until 2045, would fall after a month if at least two agents have not taken advantage of them to strike,” argues Philippe Tabarot. Likewise, to allow businesses and customers to better organize themselves, the notice period for declaring oneself a striker would be 72 hours before the movement, compared to 48 hours today. Likewise, if 59-minute strikes (less than an hour without salary deduction) would remain legal, they would be possible when taking up a shift, but not in the middle of the day where the reassignment of a striking agent is always complicated .

In the Senate where the center and the traditional right have a majority, the text has a very good chance of being adopted. In the National Assembly, however, it will be another matter. Not sure he will get government support. In any case, he will not have that of the Minister of Transport, Patrice Vergriete, who declared at the end of February: “I do not think there is a need to reform the right to strike today. If there were periods, we would have to choose them and what do we prioritize? Holidays ? Or the daily life of the French? I prefer to call for responsibility. »