Unions take Air Tahiti to court over strike-breaking claims

By Andrew Curran.

French Polynesian labour unions Confédération des Syndicats Indépendants de Polynésie (CISP) and Syndicat du Personnel Navigant Commercial d’Air Tahiti (SPENCAT) are taking Air Tahiti to court, accusing the state-owned domestic airline of violating labour laws by using foreign workers to replace local employees currently on strike.

“Air Tahiti has used external personnel to cover the work of the striking workers,” says SPENCAT union representative Virginie Sicot. SPENCAT represents Air Tahiti’s unionised flight attendants.

The initial hearing was scheduled for October 30 at Papeete’s Tribunal de Première Instance (Court of First Instance), but was adjourned until Monday, November 2, after union lawyers requested more time to respond to Air Tahiti’s initial arguments.

At the heart of the dispute are union allegations that Air Tahiti has cooperated with Air New Zealand and Air France to bring in their own ground crew to service their aircraft during turnarounds at Papeete Airport (PPT). Normally, Air Tahiti ground crews handle these operations.

The unions argue that Air Tahiti’s cooperation is illegal, as French Polynesian labour laws prohibit the hiring of temporary workers, contract employees or other individuals during a strike. CISP is also considering filing criminal charges against Air Tahiti. The airline rejects any allegations of illegality.

Court case looms over three foreign workers

Around 50 Air Tahiti employees began striking on October 22, including cabin crew, ground workers and aircraft cleaners. The airline employs more than 1,600 people. The strike, which is continuing indefinitely, has resulted in delays and cancellations across Air Tahiti’s network, including 20 of the 46 flights scheduled for Friday, October 30. The airline says it has operated around 70% of its scheduled flights since the strike began.

Air Tahiti’s lawyer, Yves Piriou, told Papeete’s Radio One that he was “reasonably confident” his client had not broken any laws and said the unions were using legal action as a negotiating tactic. He said Air Tahiti had “done what was necessary” to honour its contracts and maintain flights.

But the unions say Air Tahiti has cooperated with Air New Zealand, allowing the airline to fly in two ground workers. Air France brought in one ground worker. They performed tasks such as pushing back aircraft. Most of Air Tahiti’s employees are not on strike. The airline says the foreign workers did not replace its local employees.

“Our situation is perfectly legal,” said Piriou. “Air Tahiti has fully respected the law and has not violated any rights.”

“Air France and Air New Zealand brought in their own staff to operate the equipment and machinery leased by Air Tahiti,” he added. “You always have the right to lease your equipment, you always have the right to lease what belongs to you.”

Piriou described the court case as an attempt to exert pressure on Air Tahiti and “pure manipulation”.

Talks between unions and Air Tahiti at a standstill

Talks have continued between the unions and Air Tahiti since the strike began, including over the weekend. The unions are seeking higher wages, better equipment, improved working conditions and staffing levels, as well as larger bonuses and better work schedules.

Air Tahiti CEO Édouard Wong Fat has described the demands as “financial” and said they were unlikely to be accepted given the airline’s strained financial position.

As news of the legal action emerged, the unions said negotiations with Air Tahiti had reached an impasse.

“It’s just empty talk, a dialogue of the deaf, and the negotiations aren’t progressing at all,” CISP union representative Cyril Le Gayic said late last week.

“You can’t really call this negotiations,” a SPENCAT spokesperson added.

Le Gayic also accused the French Polynesian Government of turning a blind eye to Air Tahiti’s alleged illegal conduct by issuing 15-day work permits and airport airside passes to the three foreign workers.

Air Tahiti says that although the strike has affected around 30,000 passengers, all have been able to reach their destinations. It says 95% were flown on Air Tahiti aircraft using non-striking crews, while the remaining 5% were transferred to Air Moana and Air Tetiaroa flights.

However, many passengers have only reached their destinations after experiencing extensive delays. Among the airports served by Air Tahiti, those most affected by delays and cancellations are in the Leeward Islands, as well as Niau (NIU), Kaukura (KKR) and Mataiva (MVT).

Photo: Air Tahiti
Contact the writer: andrew@aerosouthpacific.com