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Question 776/2005 City - State workers Stock Unicoop Florence
Listen to the answer in the classroom - sitting of February 2, 2006
http://consiglio-online.comune.firenze.it / webtv / cmweb.dll / clip? SE = 134 & ODG CLIP = 15 & = & AN = 2006
see documents:
- text
- reply
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Document produced by verification on the dispute to the Labour Act request by the workers of the warehouse of "Pratoni" represented by UGL. (August 18, 2005)
See document
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... distributed by workers in the warehouse stores Pratoni out to employees, partners and customers.
DISPUTE AGAINST
UNICOOP
WORKERS OF THE STOCK OF SCANDICCI IN FIGHT AGAINST THE COMPANY THAT HAS DECIDED TO TENDER THE ENTIRE STORE, HAVE DECIDED to take legal action.
'WHY'
AND TO ENSURE THAT does not happen again' A UNILATERAL ACTION AT THE EXPENSE OF QUALITY 'OF LIVING OF WORKERS UNICOOP FLORENCE.
RSU MAGAZINE UNICOOP
LAVORATORIUNICOOP@HOMAIL.IT
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Unicoop Dear Mr. Florence
the Presidency
Turiddo Campaini
fine. Officer App. Com
Mr. Golfredo Biancalani
the Human Resources Department
Mr. Piero Forconi
the Logistics
Mr. Marco Covelli
Scandicci, June 16, 2005
Subject: Ns. Letter to the problems of the Stock
With this our own, we want to express on behalf of workers in the warehouse Scandicci all their dissatisfaction with the situation, "notably" in recent weeks that persists in various departments.
Despitehave recently cleared the good relations, we with our sense of responsibility that has always marked, we want you to these various problems requiring urgent solution.
In all departments we found:
- RF
Problems - Lack equipment (guns, video terminals, antennas, trucks and forklifts)
- Risk health hygiene and safety at work (shelves crumbling, uneven pavement, signage and traffic to be redefined)
- Lack of adequate staff
- Failure to use of safety shoes as per Law 626/94
So we want whether this situation has deteriorated due to force majeure or for a defined business strategy and cost reduction at the expense of quality of work. Pending a
Your prompt reply will send our best regards.
RSU Stock Unicoop Scandicci
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March 25, 2005 Subject: PF / Opinion rm pro Veritate (ESL n.2646)
pro Opinion veritate
In full-time employment the power to distribute during the day time work is, in principle, reserved for the employer, it considers that its power is within the prerogatives of business and in particular the power of organization and leadership of the entrepreneur (Articles 2086 and 2094 cc) (see for example in this regard. Trib Bergamo, March 29
The only restrictions which may be justified in exercising that power business are contractual obligation of fairness in the sense that any changes to their notice must be given a reasonable notice (in this sense Pret. Pavia, Jan. 27.
Finally, even the recent decree. April 8 2003, n.66 implementation Community Directives 93/104 EC and 2000/34 EC concerning certain aspects of the organization of work, does not contain provisions on the location of working.
If then, in principle, we believe that the employer has ample opportunity to change the arrangement of working time in daytime working day (that according to Art. 1, 2nd co., N Leg ° 66 of 2003 provides a period of 17 hours of work, however, exclude the hours from 24.00 to 5.00), however, collective bargaining, several areas can enact rules restricting the power of business, and it is exactly the case with the Negotiable of the sector concerned , art. 89 sets that "the distribution of working hours will be agreed at the company based on the provisions of art. ... ... 14."
The term "agreed" can not mean simply removing the power to unilaterally determine the organization of work by the employer who can not take action to change arrangements previously agreed timetable without prior "agreement" with the subject Article union. 14. Subjects
union laid down by 'art. 14 are then made by the RSU "together with the signatory trade unions responsible for the".
The above is exactly the case that concerns "Unicoop" this fact, prior to the of July 2001, provided a schedule of work prepared in two shifts, that deal with the
In November 2004 the
This business decision simply" communicated "to the RSU and not agreed (even by local trade unions), has been questioned and rejected in the assembly of departments involved.
It is evident that the decision of Unicoop to change the working hours of the morning shift workers confirmed in unity turn, is was taken in violation of Article. CCNL 89 which provides that "the distribution of working time (so even shifts, ed) will be agreed at the company ... before ..."; a set of working on two shifts, one shift in the concentration is changing the distribution of working time "that can not be taken unilaterally by the employer without prior" agreement "which in this case does not there has been.
What has been noted above is not contradicted by the findings into the collective farm where he planned on "working time: duration and dynamics" and this applies only to the identification of people "contacts "not the effect of the corresponding meeting is left to art. 89 Negotiable and that" the Agreement ", in other words, the" union comparison "company under the Agreement, to have effects on changing working time must lead to an "agreement" and not just a simple notice or consultation.
The consequences of this state of affairs appears twofold:
- in terms of labor relations, the unions county would be entitled to initiate the procedure for the suppression of anti-union conducted under Article.
- in terms of individual employment relationships, the corporate directive translates into the illegality of its content for breach of a rule of contract; the face of such unlawful order workers could make use of the labor courts to restore the previous situation
Obviously, recourse to an employment tribunal should be preceded by conciliation under Articles. 410 et seq. CPC, at the Commission
available for any clarification, I cordially greet.
Prof. Paolo Fanfani
Download the file formats. doc
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... released by the warehouse workers out of Pratoni from stores to the employees, partners and customers.
SHAME
UNICOOP FLORENCE DESPITE THE DISSENT OF WORKERS AND TRADE UNIONS HAS MADE AN ACT OF FORCE CONTRACT ALSO A DAY TO WORK SHIFT WAREHOUSE SCANDICCI WITHOUT AGREEMENT AUDITORS.
THIS TIME HAS 'NEGATIVE LIST IN , with a different attitude than before, TERMINATED THE AGREEMENT ON THE RANK OF STEPS TO A FULL-TIME PART-TIME WORKERS NOT CONFIRMED WITH FIXED-TERM CONTRACT FOR A PLACE TO WORKERS apprenticeship contract.
ALSO IS USING FORMS OF EXPLOITATION Such as those imposed WORKERS OF CONTRACT.
FOR THOSE WHO HAVE NO RESPECT FOR YEARS HAS CONTRIBUTED TO THE DEVELOPMENT OF THE COOPERATIVE.
SOLIDARITY 'AND' ONE AND NO ONE SHOULD REMAIN OUT .
GAME do not like, we waited too long, now ...
ENOUGH!!
MSW Warehouse
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... distributed from the warehouse workers out of Pratoni from stores to the employees, partners and customers.
ATTACK
WAREHOUSE WORKERS
UNICOOP FLORENCE wants to outsource the entire WAREHOUSE SCANDICCI , without respecting the will of our and workers.
UNICOOP wants to reduce logistics costs at the expense of the quality of customer service.
UNICOOP want to degrade the quality of life of its employees.
We do not agree to be complicit in this business plan that will harm all, members and customers UNICOOP FLORENCE included.
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... between workers, company, contractor, union representatives and representatives of political parties.
The labor issue is one that requires more than any other answers and solutions at this time also from politicians scandiccese.
policies of recent years have argued the need to cut labor costs in the name of competitiveness, as labor costs in our country is too high.
The new composition of the labor market risks, even in Scandicci, to look questionable remedies, making the new jobs created to replace those destroyed in the traditional sectors, and inserting them in that vast area of \u200b\u200boccupations with low wages and high turnover .
need today a strong stand by all the political parties, trade unions, social to reverse the current economic trend with propose new employment strategies that respond to the increasingly urgent need to oppose a sustainable local development.
Unicoop The case is that for several days in the spotlight, without neglecting the serious difficulties of the sectors production, deserves particular interest to begin to give concrete answers.
For this PRC as we do promote a public debate, a table that sees discuss the various stakeholders: employees, union representatives, representatives of the cooperatives involved Unicoop and CFT, which along with representatives of political parties and local government can find answers and solutions to the problem.
We have already received their commitment to participate by the workers concerned Unicoop; therefore invite the Councillor that Dugin has the delegation for Economic Development (business, trade and tourism) as a representative more appropriate to the council, the union representatives and representatives of cooperatives, to give us your availability, and to agree, in a short time, a date and a place where you can play this public debate.
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... on the situation of the warehouse of Pratoni intended to stores and to all employees of the group Unicoop.
- The members of the Coordination
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- All members of the RSU group
Unicoop Florence E pc
- All workers of Stock
us, we hereby inform you if anything had come to know about what is happening in the warehouse of Scandicci.
The project of the Cooperative provides also for the immediate procurement of the afternoon shift work, increasing insecurity and reducing substantially the number of employees Unicoop, in one word "outsourcing," for the moment full of Scandicci Stock .
a concrete involvement of the RSU and all Group employees Unicoop, considering the implementation of this further outsourcing, shocking even for employees of retail outlets that will reach the warehouse workers, which could prevent any transformation of part-time workers in full-time.
The last 23 months, the RS
In anticipation of this, everything is back to the next meeting on January 10, 2005 when we will understand if the new position of the Cooperative.
Advocating for greater involvement of workers and trade union Unicoop, we commit ourselves to update you on upcoming developments.
Delegates Uiltucs
Morning Cardio Disadvantages
to the dispute on Unicoop unilateral decision to move its employees from the afternoon shift to morning shift in favor of external contracts for the establishment of violation of Article .89 of the national labor contract.
Florence, 21/4/2005
to the Provincial Directorate of Labour Inspection Staff
Florence Avenue
Lavagnini No 9 50123 Florence
signaling art. 7 letter. b) Legislative Decree no. April 23, 2004 No 124
With this Mr. Taddeo Albanian, not really, but as Secretary of the Provincial Judicial UGL, AZ and gentlemen, SR and GR, employees Unicoop Florence, at the warehouse location Pratoni, Grenadiers - V.le Europe, 51, Scandicci (FI)
reports and complaints to the inspection staff at the Provincial
1. On November 28, 2004
2. Until then, the department store various kinds, sausages and dairy products had been divided into three shifts: the morning, the afternoon and night.
On the basis of a union agreement in 2001, the night shift was not given to employees Unicoop, but a company outside the
3. In its communication of 28.11.2004
4. In this regard, Dec. 2, 2004 is convened an assembly in which it is exposed to the restructuring program, and stated that the company intends to outsource all the work on the logistics.
All for a cost problem.
5. On December 15, 2004
6. At the end of December 2004 the
7. Contrary to what was said earlier, the Unicoop
8. No more calling the RSU
9. On January 28, AC is delivered by hand (some sent by telegram) to each worker the new working time in force by next Monday, January 31.
These are the facts.
the applicable collective agreement Unicoop from Florence, but, unlike other contracts, and notwithstanding the law generally requires that the change of working is established only after a company agreement.
Here is the full text article. 89 CCNL 1999/2004
"1. The distribution of working hours will be agreed at the company, according to the provisions of art. 14, in order to achieve in its articulation and taking into account the opening hours, the following objectives: ... "
The company has unilaterally changed working hours, without" agreeing "with anything
Quest
said this instance is made to the local Labour because through the inspection staff referred to in art. 6 D . Legislative Decree No 124 of 23.4.2004, establish the facts mentioned above and, therefore, take all measures it considers necessary, in particular with regard to violations of Article. 7 letter. b) Legislative Decree no. 23.4 .2004 No 124. Attached
1. Draft agreement of 16.7.2001
2. RSU's response to the request to reform the organization
3. Convocation of the General Assembly for 23/12/2004 (not held then following the statement by the company did not wish to proceed with the reform of working time)
4. Notice of the new RSU shifts
5. telegram time change
6. Document approved by the warehouse, 5.2.2005
7. Negotiable extract
8. legal opinion of Prof. Fanfani
UGL-UTL Florence Taddeo
Albanian
AZ
RS
GR
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... by employees of the warehouse of Pratoni who received the order of service for the morning shift in the round in which the company felt that reserve the right to challenge that measure with a lawsuit because of the one-sided decision in conflict with Paragraph .89 of the national contract for the labor unions.
Letters to the Editor Unicoop
"We the undersigned workers targeted the order of service that is changed their shift, which shall abide by those provisions in accordance with their duty of obedience, but with the largest reserves in the appropriate fora to challenge the measure.
As is well known fact the provisions of the Negotiable clearly affect the power of direction to change the times to express agreement with the union representatives, agree that there is tripped. Therefore, we urge the Department
follow all signatures accompanied by readable name.
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warehouse workers on the situation Unicoop Florence (response class) - VIDEO STREAMING - speeches Rosa Maria Di Giorgi, Riccardo Nencini, Monica Sgherri
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Florence February 3, 2005
Document approved by the Stock Unicoop Scandicci
The Assembly Workers and Warehouse Unicoop Scandicci MSW, along with Filcams, and Fisascat Uiltucs Provinicali, following the company's unilateral decision to require the amendment of the 2001 by "orders of service," expresses dissent net!
The agreement of 2001 allowed, after a very confrontational route, the contract on the night shift, for workers in the warehouse, the acceptance of that intervention was considered not to exceed a limit (rather than the number of contract workers is already beyond the agreement) , not willing that might arise as was the case in all the logistics of the competition, now finally managed to contract, denying also the commitments made with the institutions on the defense of employment.
The serious decision Unicoop introduces a change that will be expanded to suggest that the presence of the outsourced work, without which, outside of agreements applied correctly, is placed a limit, thereby predetermining the possibility that at the end of the route across the warehouse can be contracted out (already are heightened safety risks and lack of cleaning on wards ...)
An event that workers
Contracts, in general, unfortunately, essentially correspond to the logic of reduction of labor costs, achieved through child protection and wage laws, liberal use of schedules and forms of remuneration that border on the piece, in short, are advantageous because they determine the level of exploitation is not permitted by the agreements to be employees of the client company.
Also in the warehouse workers to operate the Contract Term, such a transaction, they would see the prospect of recruitment zero indefinitely, while accentuating the concerns of employees of the store with respect to security not only to keep forms of time agreed in the agreements, but also to keep their jobs in the logistics center.
On this basis, the assembly of workers in the warehouse Unicoop believes that should stop the procedures put in place, re-establishing the rules for contractual guarantees and safeguards to be some return.
Workers and MSW's Warehouse, the Unions Filcams, Fisascat Uiltucs and, with this document and want to inform workers of the RSU group Unicoop, so you must determine the solidarity in support of the issues at the heart of the mobilization.
On this basis, Tuesday, February 8 is called a strike for four hours of all workers in the warehouse (departments and offices) with the garrison in Via S. Reparata (in front of the headquarters), to which the media will be invited.
Approved unanimously.
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At
Trade Unions Unitarian
Unicoop
Firenze Scandicci, 26/01/2005
SUBJECT: Public Goods Distribution Center service new rounds of Scandicci
In fulfilling the duty to inform us to communicate
contractually agreed that, under and in execution of works agreements of 16 July 2001 and June 24, 2003, in order to reduce costs of management, consistent with the mission of the Cooperative to defend the purchasing power of its members and safeguard the overall interests employment, it is possible to restrict the activities of employees of CEDI, sundries, and employees in the departments Meats / Dairy preparation of goods to one (picking and storage), only accepting morning shift, while the requests made by some employees employed at the same Freight Distribution Centre, towards a different position within the company.
planned economies, in constant levels of employment, business, become possible in the face of the shift of services rendered in the night shift.
Consequently we inform you that
a) days with effect from January 31, 2005 UNICOOP Employees assigned to the Center of Scandicci operating Goods Distribution Cargo handling activities (picking and storage) in the general ward and Various Meats / Dairy will pay, usually, their working days from Monday to Saturday with a day off midweek and as per schedule on the bulletin board;
b) simultaneously , again from the day
c) remain unchanged and without any the agreements as the agreements of the company July 16, 2001 June 24, 2003 and dek.
remain at your disposal for any further information at the ceremony and Best regards.
PIERO FORCONI
Director RU
Unicoop Florence
Marco Covelli
Director Logistics
Unicoop Florence
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ALL EMPLOYEES
Following the Assembly of the departments various kinds, meats and dairy products where it is held on 12/16/2004 They produced a document which set out our position with respect to the project company and our demands on the Company in the person of Mr. Marco Covelli, Director of Logistics, has convovato 23 cm for the day at 14.00.
Because of this the ' GENERAL ASSEMBLY scheduled for 12.23.2004 has been moved on 12/27/2004.
Notwithstanding our irrevocable unified position, we are available to answer the call has come down.
will be our obligation to immediately report to the assembly workers of the subject and the outcome of the meeting.
MSW Warehouse
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Monday, June 15, a group of ex-job (since expelled) COOP, we will support a case for the right to work.
attacks that workers are suffering are countless precarious, contracts have absorbed a wide variety of cooperative now almost all new workers, making the labor market in an uncontrollable jungle, where starvation wages, inhuman hours and disregard for human dignity have taken hold, where the rights that workers had won through years of struggle are very hard were gradually absorbed by the owners.
The trend towards the utilization of temporary work as a form of exploitation, which has always existed, however, has increased in the late eighties, when the use of forward contracts became more and more frequent, but it was the center-left, Treu Package of 1997 to liberalize the temporary employment and precarious, since the workers job search has become a nightmare, and the Biagi law has recently entered into force was the icing on the cake. ITALY
COOP in this area, it has nothing to envy anyone, it can be said that the school has made about how to take a person, reducing it to an automaton, squeeze a lemon, throw it in the toilet and flush the toilet. In fact, in 5
warehouses located between Sixth, Horse and Meadow, is all that comes to mind in terms of insecurity: insecure COOP, various temporary agencies, contractors, sub-contractors, sub-sub-contractors and so on ; workers spend their working day in safety and ridiculous in the name of a word: blackmail, if you do not obey the orders (which can vary from going to work seven days a week, maybe at night or do 11/12 hours, so to speak) the precarious risk "the longed-for" renewal of the contract, the agency idem, employees of the Cooperative workplace, and for immigrants (present in large numbers) means losing even allowed to stay with what follows.
In fact, we see a situation where there are precarious, and three months in three months, working in COOP ITALY to 5.7, including 9 years, thrown from one warehouse to another depending on the needs of masters and salaries from hunger (the tale that the COOP is earning good money to be denied: the entry salary is 850 €, for those contracts, the situation is even more dramatic ...) in spite of their peace flags hung everywhere and their self-certifications of quality.
After all these years of insecurity, with the support of the CDLC-Defence Committee Workers Unions (RDB) have sued the company to claim what is right: hard work, economic stability, decent wages, respect for individuals.
E 'asking too much? For
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