The Ordinance with which the Ministry of Infrastructure and Transport the
Last December 12th he ordered the strike to be reduced to four hours
National Transport Authority of 15 December «is affected by a violation
by law and by excess of power due to lack of prerequisites,
with reference to the impulse phase of the exercise of power”.
Thus the TAR of Lazio in a sentence with which it has
consolidated – accepting both – two appeals proposed by Usb
Private Work (the first) and from Cobas Private Work, Adl Cobas, Sgb,
CubTrasporti and AL Cobas (the second).
The provision, although referring to an episode now concluded, could constitute a precedent in the event of a new tug-of-war between the government and the unions over the legitimacy of a strike.
Last December 12th the workers’ representatives had proclaimed a 24-hour abstention from work in rail transport. The ministry intervened with an injunction, “cutting” the stop from 24 to 4 hours.
The Transport Authority for its part had only invited the unions to limit the inconvenience for passengers. The ministry – explain the administrative judges – had overlapped with this decision by «altering the regulatory structure on the matter».
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