The County Court in Zagreb on Thursday issued a decision prohibiting the strike at Croatia Airlines (CA), reasoning that the defendant – the union Organization of Workers of Croatia Airlines (ORCA) did not negotiate in good faith for the conclusion of a new collective agreement and does not wish to resolve the resulting dispute amicably.
This is indicated by the fact that the ORCA Union withdrew from further negotiations after its proposal for a collective agreement was not accepted, states the court’s reasoning.
If the defendant had a genuine intention to negotiate the conclusion of a collective agreement, the court concludes that it would have continued negotiations after withdrawing in November 2017, which followed the cancellation of the strike announced that year, since the CA management invited the Union to further negotiations, specifically to meetings on January 3, 10, and 17, 2018.
It is also noted that the management continued to implement the old collective agreement after its expiration on December 31, 2016, fulfilling all workers’ rights that were stipulated by that agreement.
A memorandum was also signed between the management and the union in August 2017, when the workers fully accepted the payment and implementation of all rights from the collective agreement that had expired.
