The standoff continues, between the FE-CGTG and the management of EDF-PEI (or even the EDF SA group). The method of calculating paid leave, the crux of the social conflict, is the subject of a national agreement that the company refuses to renegotiate. The union, for its part, demands strict application of the Labor Code. According to a lawyer, neutral in this matter, the company agreement remains valid and authentic.
The strike continues at Pointe Jarry Power Station, in Baie-Mahault. The crux of the problem, which prevents the signing of an agreement to end the conflict, remains the method of calculating paid leave.
In this case, it appears that the request from the Energy Federation (FE-CGTG) is similar to a desire to renegotiate a collective agreement, signed in 1999 within the EDF SA group.
The union, at the origin of the strike launched in mid-September in Guadeloupe, believes that it is entitled to have its own grievances, with regard to the company EDF Production d'Energie Insulaire (EDF-PEI), whose creation dates from 2010.
Conversely, EDF management believes that the FE-CGTG wants to have its money and butter, since the mobilized employees benefit from all the advantages provided for by the national agreement. However, they are also demanding special treatment on a specific point, denounces the group.
The question now is: : does the FE-CGTG have the necessary representativeness to question and renegotiate a global agreement? ?
As a reminder, the union organization demands strict application of the Labor Code for Baie-Mahault employees.
Opposed to change, the company justifies maintaining its method of calculating leave, counted in hours rather than days, by relying on a judgment of the Court of Cassation; another union then attacked EDF, but did not win its case.
ALSO READ: Conflict at EDF-PEI: FE-CGTG demands “strict application of the Labor Code” and “sincere and loyal negotiations” – 11/15/2024.
This judgment was read, for us, by a lawyer, neutral in this matter.
Certainly, the national agreement resulted in the granting of a little more than 23 days of leave per year, instead of 25. But it is more advantageous, for employees, on the whole of its provisions, concluded the Court of cassation.
And, explains Maître Chantal Beaubois, this agreement has indeed been signed ; its terms are therefore applicable to the entire group, including in Guadeloupe.
(…) You should know that for several years labor law has favored company agreements, favored collective agreements, which have the right to derogate from certain provisions of the Labor Code. Therefore, if the Labor Code provides for a rule, but a company agreement is concluded on this same subject, this company agreement may deviate from the law (…).
Maître Chantal Beaubois, lawyer at the Guadeloupe bar
Maître Chantal Beaubois, lawyer at the Guadeloupe bar
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©Ludivine Guiolet-Oulac and Ludovic Gaydu – Guadeloupe La 1ère
In any case, the lawyer indicates that the conclusion of an establishment agreement is possible. A local collective agreement can be established, if and only if the group agreement authorizes it. The parties in the Guadeloupean conflict must also be in tune, on this principle. Which is far from being the case.
The employer does not want to go back on this company agreement, which is valid. It is he who is authentic.
Maître Chantal Beaubois, lawyer at the Guadeloupe bar
This Monday, November 18, 2024, the FE-CGTG chose to do pedagogy. The union leaders went to meet the employees of the Pointe Jarry Centrale, in order to answer their questions. The picket line is still in place there.
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©Ludovic Gaydu
We decided to speak out, because we realized that management was, on the sly, making explanations concerning the calculation of paid leave, within the company (…).
Nathanaël Vérin, union delegate of the CGTG Energy Federation
Nathanaël Vérin, union delegate of the CGTG Energy Federation
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©Ludivine Guiolet-Oulac and Ludovic Gaydu – Guadeloupe La 1ère
The union refuses to judicialize the subject. A procedure, which would inevitably go to the Court of Cassation, would be too long, to the detriment of employees already suffering, he indicates.
On the other hand, the FE-CGTG is not tired and still intends to lead the fight, by rallying more and more workers.
It is therefore difficult to see how this conflict will find a solution, in the current state of affairs.
ALSO READ : Conflict at EDF-PEI: new breakdown in negotiations, without agreement – 11/14/2024.
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©Ludovic Gaydu
