Background:
In 2000, in response to the Scandinavian Star and Estonia Ferry disasters the European Commission released its amended proposal for a directive on manning conditions for regular passenger and ferry services operating between member states. The proposal would have put EU and non-EU seafarers on an equal footing by granting them the same terms and conditions of employment and seeking to improve ferry safety controlling the agency abuse in the employment of multinational crews. (No common language and poor health and safety were key factors in the loss of 158 lives on the Scandinavian Star which was devastated by fire. On September 24th 1994, 852 passengers died when the passenger ferry Estonia sank).
Intensive lobbying by European shipowners against the directive eventually resulted in the withdrawal of the proposal in 2004 due to a blocking minority on the Council. A further two years of social dialogue ensued which resulted in the European Transport Workers’ Federation (ETF) strongly condemning European shipowners’ lack of commitment to protecting employment and safety on 1 December, 2005. Deadlock on the matter has since ensued.
The European Transport Workers’ Federation said as it was about to celebrate a sad anniversary: the 10 years of procrastination and paralysis that have followed the release in 2000 of the European Commission’s amended proposal for a directive on manning conditions for regular passenger and ferry services operating between member states — the notorious manning directive.
The ETF would like to recall that had this directive been approved, a level playing field would have been created for all seafarers working on board ferries engaged in regular passenger trade in the European Union, irrespective of their nationality.
The proposal would have put EU and non-EU seafarers on an equal footing by granting them the same treatment as far as terms and conditions of employment are concerned.
The maritime stakeholders will recall that this attempt to regulate this sector has been challenged from the outset by an intense lobbying campaign by European shipowners, whose opposition to the commission’s proposal has not wavered.
Despite the favourable opinion of the European parliament and the European Economic and Social Committee, the proposal was finally withdrawn by the commission in 2004 due to a blocking minority on the council.
In 2006, 550 Irish workers lost their jobs to be replaced by low cost economy workers during the Irish Ferries dispute. The UK, France and Irish ITF affiliates’ campaign reignited the debate on a directive for passenger ferry manning conditions and resulted in gains in Irish employment legislation including the establishment of a European minimum wage scale for ferry crews. The dispute led to a strategic campaign initiative to implement the Athens Policy objectives in the North European Ferry sector. In 2007 the campaign followed up with a week of action primarily targeting Celtic Link and Norfolkline. The Norfolkline dispute and campaign culminated in our affiliate, RMT, achieving representation and bargaining rights for workers on three cross-channel ferries. RMT and Nautilus jointly secure agreements for non domicile seafarers on ferries operating on the Liverpool-Belfast route providing inroads into other Irish Sea routes operated by the company. In the case of Celtic Link the company had six vessels trading within the Irish Sea and now has only one vessel, which is now trading in the Middle East.
In 2007 at the request of the North European affiliates the ETF and ITF held a ferry sector meeting in Brussels and established a working group to revive the political and industrial campaign and subsequently in 2008 organised a lobby of the European Parliament to highlight its demands for the promotion of employment for EU nationals. In addition, in 2010 in Berlin the ITF Fair Practices Committee reviewed and updated the Athens Policy to be implemented by their affiliated organisations in the European Ferry Services sector.
In June 2009, activities by P&O Ferries at the Port of Hull, where the company was threatening to introduce non-domiciled seafarers to undertake the cargo lashing work of 30 dockworkers reignited interest amongst seafarers and dockers affiliates on further developing a joint flag of convenience/port of convenience Northern European Ferries Campaign, and led to consensus to build on the series of successes and a recognition of forthcoming dangers to current lack of real non-discriminatory collective bargaining agreement (CBA) coverage within Northern Europe. It was noted that whilst some national unions had CBA coverage for their members, many non-domicile crews are currently unprotected.
The carnage in terms of job losses continues through to 2010; Stena has threatened RMT with further job losses for the existing crew on its ferry Stena Britannica sailing from Harwich to Hook of Holland and replacing them with cheaper non-EU labour.
In France unions are in dispute with Sea France over the loss of around 600 jobs - the company has argued that it can’t compete in a market that is not a level playing field. Irish Ferries all over again!
Norrie McVicar
Fair and Safe Ferries for All
Campaign Co-ordinator
