After eight days of strike action, the CSIP had brought Air Tahiti to urgent proceedings on Friday, accusing it of relying on staff from international airlines to carry out the work of the strikers and thus “break the social movement.” The hearing was scheduled for 8:30 a.m. but was postponed to Monday at the request of the union’s lawyers, who asked for time to respond to the conclusions and the documents presented by the company. Air Tahiti’s lawyer, Mr. Yves Piriou, said he was “reasonably confident,” insisting that his client “has not violated any rights” and suspecting the CSIP of using these measures to apply pressure to the negotiations.
Read also: Strike-breakers “foreign”? The companies deny, CSIP takes the matter to court
The Air Tahiti labor dispute moved to the courthouse this Friday morning. The company’s lawyers and those of the union gathered at 8:30 before the district court where the union had filed for urgent proceedings against Air Tahiti, denouncing an “obstruction to the right to strike” and “irregular work.” A hearing to which Me Yves Piriou, representing Air Tahiti, arrived late, due to, he says, a “late service”: the process server appointed by the strikers had missed the deadline for delivering the document by almost five hours. Nevertheless, the former president of the bar said he had “done what was necessary.” “It is an hour-to-hour urgent proceeding; one must organize, work the file, study it, and we are ready today.”
It was the CSIP’s lawyer, allied with the Flight Attendants’ Union in this dispute, who asked for time to respond to the opposing conclusions, which were also submitted late, and to analyze several documents produced by Air Tahiti. The hearing, which Cyril Le Gayic’s confederation said it planned to weigh in negotiations this weekend, was therefore postponed, at its own request, to Monday.
“Air Tahiti has fully respected the law, and has violated no rights.”
According to the union spokespeople, the company resorted to external personnel to perform the work of the strikers, notably two “foreign” staff from Air New Zealand and one agent from Air France. This personnel was deployed at the initiative of the international airlines, which also leased runway equipment to Air Tahiti. After asserting that no operation had been carried out by these external professionals, Air Tahiti, through its lawyer, now explains that “only one intervention by an Air New Zealand employee” occurred to push back on the runway. But “all other cases were handled by the company’s non-striking employees.” Yet, Me Piriou asserts: “Our situation is perfectly in line with the law, and Air Tahiti has fully respected the law, and has violated no rights.”
While their lawyer maintains that one cannot bring in foreigners to break a strike, he says that “Air France and Air New Zealand have themselves brought in personnel to operate the equipment and vehicles rented by Air Tahiti.” If he points to the international companies for the three professionals, he defends his clients on the basis of property rights. “We always have the right to lease out our equipment; we always have the right to lease what belongs to you. There is no situation that can be described as a ‘strikebreaker’ or an ‘attempted diversion.’ The elements cited by the claimants do not correspond to any illegal situation.”
An “instrumentalization of justice”
According to Yves Piriou, this judicial procedure is far from insignificant within the social movement. The lawyer sees it not only as a means to unlock negotiations but as “an attempt to exert pressure” on his clients. He denounces “a situation of manipulation and pure misinformation. Air Tahiti is fully within the law, and in reality this urgent procedure constitutes only an instrumentalization of justice within the framework of negotiations.”
He therefore describes himself as “reasonably confident” but “does not count his chickens before they hatch.” The next meeting is booked for Monday at first light for CSIP and Air Tahiti, which continues to adjust its flight schedule, especially during school holidays. Note that a new round of negotiations is planned this Saturday at 8 a.m.
