Through Fernando Sotoa lawyer for the ministry, the Government made the presentation “in the wake of Biró’s recent statements in the media, in which he warned about their intention to harm air transport, saying that “this is going to get much worse.”
They also stated that ”such statements raise serious concerns “on the impact they could have on the operation of Aerolíneas Argentinas and on the safety of passengers,” they said in a statement.
”The Ministry of Security considers that the Biró demonstrations could go beyond the legitimate exercise of the right to strike, and could be configured as extortionate threats according to the provisions of article 149 bis of the Penal Code. It is essential that the right to strike is exercised in a reasonable and proportional mannerespecially in the context of essential services such as air transport, where any abrupt interruption could have significant consequences for the population and public safety,” they added.
Finally, they explained that they are looking for ”preserve the stability of a critical service and protect the rights of citizens”and that measures affecting essential public services ”without exhausting prior avenues of dialogue, could be considered a “wildcat strike”remaining outside of constitutional protection.”
”We reaffirm our commitment to compliance with the laws and public safety, urging the courts to take appropriate action in view of the seriousness of the threats made by Pablo Biró”, they closed.
The Government’s complaint
”Like all rights, the right to strike is not unlimited, since It should only be used as a last resort, as an extreme measure, after having exhausted other prior avenues and measures.”, the document describes.
Pablo Biró’s threats and the declaration of war on the Government
The Government made official the Declaration of “essential service” for air activitywhich had been announced on Friday of last week, the same day that the aeronautical unions were on a 24-hour strike. In light of the officialisation of the measure, the unions, led by Pablo Biro, They warned that they will appear before the courts to reverse the situation and anticipated that the conflict they have with Argentine Airlines in particular and the Government in general, “it’s going to get worse”.
The measure was arranged with the publication in the Official Gazette through two decrees, 825 and 831 and establishes that “in accordance with the decisions of the Committee on Freedom of Association of the International Labor Organization (ILO) it is legitimate to require a minimum service in those who are of transcendental importance for the country and/or strikes in highly important sectors that, due to their duration or magnitude, may cause irreversible damage, endanger public health or safety, or generate serious consequences for the country.”
The decrees are signed by President Javier Milei, Chief of Staff Guillermo Francos, and Ministers Sandra Pettovello (Human Capital) and Luis Caputo (Economy).
The measure is rejected by the aeronautical unions, in particular by the Association of Airline Pilots (APLA), whose head, Pablo Biró, said that they will go to court to challenge the declaration of the commercial aviation sector as an essential service.
“It is an illegitimate, illegal measure. We are going to appeal to the local courts, to the ILO, to the Inter-American Commission on Human Rights (IACHR). The right to strike is fundamental; it can only be regulated when higher interests, such as life or health, are at risk,” Biró said on Radio Mitre.
The unionist said that “The conflict is going to get worse. They say that we are carrying out wild and covert strikes, but that does not exist. A strike is a fundamental right to strike, the only legitimate means to defend our interests, in demand of salary increases.”he said.
Source: Ambito
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