Turkish Airlines dispute factsheet

Turkish Airlines Dispute Factsheet 14 August 2013

Since June 2012 aviation workers in Turkey have been in dispute with Turkish Airlines (THY) over their right to strike and the dismissal of 305 workers. International solidarity, together with the determination of the workers to resist, has resulted in major wins: the ban on the right to strike has been withdrawn from aviation legislation and, to date, the labour courts have ruled in favour of more than 170 workers. However, THY, partly owned by the Turkish government, remains intransigent. The company refuses to reinstate the 305 and to accept any bargaining proposals put forward by Hava-Is, the workers’ union. On 15 May 2013, determined THY workers commenced indefinite strike action. This is a crucial time for aviation workers in Turkey. We call on you to continue your support for the 305 sacked workers and their families in this fight for union rights in Turkey.

What is Hava-Is (Turkish Civil Aviation Union)?

Hava-Is was established in 1962 to meet the new challenges facing aviation workers working in a fledgling industry. For more than two decades, Hava-Is has been a democratic and campaigning union which fights for aviation workers’ rights and stands up for equality. It is an active affiliate of the International Transport Workers’ Federation (ITF) and its European arm, the European Transport Workers’ Federation (ETF). The union believes that being active on a global scale is essential when confronting the challenges of a globalised economy. Hava-Is has 16,000 members. For more details please see www.havais.org.tr What is Turkish Airlines?

Turkish Airlines is the country’s national flag carrier airline. It is headquartered in the Turkish Airlines General Management Building in the grounds of Ataturk Airport in Yesilkoy, Bakirkoy, Istanbul.

The airline operates scheduled services to more than 190 international and 40 domestic cities in Europe, Asia, Africa, Middle East and the Americas.

The airline’s main base is at Ataturk International Airport.

It has secondary hubs at Esenboga International Airport (Ankara), Sabiha Gokcen International Airport (Istanbul-Asia), and Adnan Menderes Airport (Izmir).

The airline has 20,000 employees. Turkish Airlines has been a member of the Star Alliance network since 1 April 2008. Lufthansa, TAM Airlines, United, Air Canada, and Brussels Airlines are just a few other members of the Star Alliance.

Currently, the Republic of Turkey’s Prime Ministry Privatization Administration owns a 49.12% interest in Turkish Airlines, while 50.88% of shares are publicly traded. This is likely to mean that the government is closely involved in the appointment of senior levels of management at the airline.

What is the current conflict?

Since the end of 2002, Turkey has been governed by an Islamist Justice and Development party (AKP) majority government. Political and religious affiliations are therefore likely to play an important role in the selection of the top managers of the airline.

Over the last few years the AKP government has been acting in an increasingly authoritarian manner. In February 2012, a draft legislation introduced by the government included a clause that appeared to deliberately target Hava-Is – the only Turkish aviation union– as it gave aviation companies the right to force 40% of their workforce to work during a strike.

Subsequently, during the parliamentary procedures considering the draft legislation, the Primary Committee

Turkish Civil Aviation Union

took out the strike provision and sent it back to the Plenary.

On 10 May 2012, Metin Kulunk, a deputy of the governing political party, proposed an amendment to Article 29 of the existing Collective Labour Agreement, Strike and Lock-Out Law (Law No. 2822; date of enactment: 05.05.1983) as follows: Article 29: It shall not be lawful to call a strike or order a lock-out in the following activities:

1. Life or property saving; 2. Funeral and mortuary; 3. Production of coal for water, electricity, gas and coal power plants; exploration, production, refining and distribution of natural gas and petroleum; petrochemical works, production of which starts from naphtha or natural gas; 4. Banking and public notaries; 5. Firefighting, land, sea, railway urban public transportation and other public transportation on rail.

Metin Kulunk proposed the following amendment: 4. Banking, public notaries and aviation services The aim of this amendment was to introduce a full fledged ban on the right to strike in the aviation industry. The existing anti-trade union legislation in Turkey that was inherited from the third military coup period

already prohibits strikes in a number of industries.

At the end of May 2012 the amendment was rushed through the general assembly and swiftly approved by Turkish President Abdullah Gul, who used to be one of the most prominent leaders of the AKP. Gul has refused to meet with the Hava-Is leadership to discuss the attempt to outlaw the right to take strike action in the aviation industry.

Even worse, in a national public TV interview, Metin Kulunk, the deputy responsible for the amendment, confessed that the top management of Turkish Airlines had asked him to initiate the change in the law.

On 29 May 2012, workers at Turkish Airlines and Turkish Technic went on a day’s sick leave – the only form of industrial action allowed to them – in protest at the government strike ban plan.

Turkish Airlines responded by sacking 305 workers by text message, email and phone.

On 30 May 2012, Hava-Is members started an open-ended protest at Ataturk International Airport. Atilay Aycin, Hava-Is president, explained: “For us this is a question of all or nothing. We will either win or be smashed.

There is no other option as we

have no intention of becoming a non-functioning union.”

ITF general secretary David Cockroft met Turkey’s Labour Minister, Faruk Celik, in Geneva on 12 June 2012. The minister confirmed he was ready for a dialogue on modifying the legal ban. Cockroft and other leaders of the Global Unions also expressed to him that the cancellation of the dismissals was a precondition for a successful dialogue.

Although the minister promised to hold an urgent meeting with the airline management on 18 June 2012, THY management refused to reinstate the workers to resolve this dispute. Labour courts in Turkey have ruled in favour of more than 170 workers, however, THY hasn’t reinstated any of these workers yet.

Union pressure won removal of strike ban

In October 2012, the AKP government withdrew a ban on strikes in the country’s civil aviation sector following an international campaign led by the ITF and Hava-Is. Law 2822, was replaced by a new Collective Labour Relations Law. However the new law falls seriously short of international standards in relation to trade union rights. The amendment that took away aviation

Turkish Civil Aviation Union

workers’ right to withdraw their labour has been completely removed.

In March 2013, the ITF and Hava-Is lodged a complaint with the International Labour Organization (ILO) against both the Turkish government and Turkish Airlines.

On 15 May 2013, Hava-Is began an indefinite strike against Turkish Airlines over the company’s failure to accept any of its proposals regarding collective bargaining and its refusal to reinstate 305 dismissed workers.

Since the first day of the strike Turkish Airlines management has been hiring temporary staff particularly from its subsidiary Sun Express to maintain personnel numbers and avoid flight disruptions.

On 8 July 2013, a labour court in Istanbul ruled in favour of Hava-Is claims that Turkish Airlines violated Articles 65 and 68 of The Unions and Collective Bargaining Agreement (Law No. 6356).

The airline refuses to implement the court order and this behaviour of THY management is not only contrary to Turkish law, but also contravenes the core standards on freedom of association and collective bargaining laid down by the ILO.

On 25 July 2013, the ITF and Hava-Is presented further evidence to the ILO alleging unlawful behaviour by Turkish Airlines and the Turkish government.

Has Hava-Is experienced such attacks before?

This is not the first time that Hava-Is has come under a joint and coordinated attack from Turkish Airlines and the AKP government. As the ITF civil aviation section secretary Gabriel Mocho told our workers on 23 May 2012 at a mass rally in front of Turkish Airlines’ general management building, it “has been under systematic attack, particularly for the last five years.” He added that in 2008, Hava-Is’ bargaining power came under threat. He was referring to an attempt engineered by an Islamist metal workers’ union Celik-Is, Turkish Airlines subsidiary Turkish Technic’s management and the AKP government that aimed to reclassify aircraft engineers, technicians and mechanics as metal workers. The ensuing legal battle left members without a collective bargaining agreement for over two and a half years.

From such examples it is clear to see that for the last five years THY, Turkish Technic and TEC have used every possible loophole and anti-democratic provision in the existing legal framework to derail and manipulate collective bargaining processes, leaving

Hava-Is members without a collective bargaining agreement for between one and two years.

Recently, the government has made a change in legislation and reclassified aircraft engineers, technicians and mechanics as metal workers once again. At the moment, workers of HABOM – an aircraft heavy maintenance company owned by THY- are forced to join yellow-union Celik-Is. Who does Turkish Airlines sponsor?

Turkish Airlines is currently an official sponsor of German football club Borussia Dortmund. The airline is also the primary sponsor of Turkish Airlines Euroleague and was among the sponsors of the 2010 FIBA World Championship. THY has also made sponsorship and promotion deals with renowned sportsman and actors, including: Lionel Messi, Kobe Bryant, Caroline Wozniacki, Kevin Costner, and Wayne Rooney.

Who are Turkish Airlines’ subsidiaries and affiliates?

THY Turkish Technic: A wholly owned subsidiary of Turkish Airlines, Turkish Technic was established on 23 May 2006.Sun Express:

Turkish Civil Aviation Union

Founded in 1989, SunExpress is a joint venture of Turkish Airlines and Lufthansa in which each controls a 50% stake.

THY Turkish Do&Co: Commencing operations on 1 January 2007, Turkish Do&Co is a joint venture of Turkish Airlines and Do&Co Restaurants & Catering AG in which each controls a 50% stake.

Turkish Engine Center: TEC was established on 10 October 2008. It is a joint venture of Turkish Airlines and United Technologies (Pratt & Whitney) in which Turkish Airlines controls a 49% stake.

Turkish Ground Services: Established on 12 March 2009 as a joint venture of Turkish Airlines and HAVAS Havaalanlari Yer Hizmetleri AS in which each controls a 50% stake, TGS (Turkish Ground Services)

has been in operation since the beginning of 2010.

agreement for a joint venture company’.

Goodrich Turkish Airlines Technical Service Center: Established in 2010, Goodrich Turkish Airlines Technical Service Center is a joint venture of Turkish Technic (40%) and TSA-Rina Holdings (60%), the latter a subsidiary of Goodrich Corporation.

HABOM Aviation Maintenance, Repair and Modification Center: Owned 100% by THY. Recently established and is expected to be in full capacity starting from the second half of 2013.

Turkish OPET Aviation Fuels: Turkish OPET Aviation Fuels was established on 18 September 2009. It is a joint venture of Turkish Airlines and OPET Petrolculuk AS in which each controls an equal stake.

Turkbine Technical Gas Tribunes Maintenance & Repair Inc: In 2010, Turkish Technic and Zorlu O&M (Zorlu O&M Enerji Tesisleri Isletme ve Bakım Hizmetleri AS) signed ‘an

Turkish Cabin Interior Systems Industries Inc: In 2010 Turkish Airlines, Turkish Technic, and TUSAS - TAI (Turk Havacilik ve Uzay Sanayi AS) entered into an agreement to undertake the joint manufacturing of aircraft cabin interior products.

For further information contact Aslican Orhanat aslicanorhan@havais.org.tr

www.reinstate305.org

Turkish Civil Aviation Union