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(en) UCL 49: At Scania: SUD-industry against the penguin (ca, de, it, pt)[machine translation]
Mon, 3 May 2021 09:25:17 +0300
Workers who crack because of management, it does not move the management of the
Scania plant in Angers. But a frame caricatured as an emperor penguin in a
leaflet, that's too much! One episode among others of the repression at Scania,
which ends up being ... the beak in the water. ---- The Swedish group Scania,
which boasts of making the most beautiful trucks in the world, set up its
assembly plant in Angers in 1992. More than 800 employees and around 300
temporary workers take delivery of spare parts arriving from all over the world.
and do the final assembly of the cabins there. Each day, more than sixty
registered trucks leave the site. Some of them are also khaki, because on the
Angevin site is now the defense center of Scania, inaugurated in January by the
Minister of the Armed Forces, Florence Parly.
Finally, in 2021, for the 4th year in a row, Scania France was rewarded by the
Top Employer Institute - one of those certification agencies through which
employers are self-congratulating - for its commitment to "the well-being of its
employees. employees ".
All this is for the com '. The reality is very different for the hundreds of
employees who work around the single "U" assembly line. When they denounce the
abuses of managers, management is ostrich. And if a union dares to denounce them,
it is taken to court.
In December 2017, the elected SUD, FO and CGT launched an investigation by the
labor inspectorate into the abusive use of temporary workers. As a result, the
company was forced to requalify 60 temporary workers on permanent contracts. At
that time, a temporary worker contacted SUD to be surprised that she had not been
regularized. According to an official, his "morphology would be an obstacle to
Asked about this curious notion by the staff representatives, the HRD put forward
the "lack of competence" and the nature of the contract (a replacement).
Intrigued, the SUD elected officials at the CHSCT investigated the employees, who
testified that at no time had been mentioned a lack of competence of this
interim. What was denounced, however, is the behavior of one of the managers in
the sector, a nightmare for the team, which caused the departure of 3 temporary
workers and the resignation of 2 permanent contracts.
Things get tough with the strike
As the situation did not improve, a DP warning right was filed in January 2019.
Eight months later, the management still having done nothing, SUD denounced its
inaction in a leaflet. Bingo, this time the bosses react... by threatening the
union! SUD is ordered to withdraw its leaflet under penalty of prosecution,
considering that it is "defamatory" and poses a "psychosocial risk"! The union is
not giving in. And the leaflet remains posted, prominently, on the information
board. Obviously, Scania is not carrying out its threat. It was, as often, only
an attempt at intimidation.
Things got tough with the launch of a strike in December 2019, following the
mandatory annual negotiations (NAO) on wages. Assembled in the parking lot, more
than 200 workers of the production line - out of 300 - refuse to enter the
factory. And renew the strike, in GA, for four days. The line stopped. On the
first day, no truck is assembled.
Between the right to alert and the strike, management is starting to get fed up
with SOUTH. But during this time, managerial abuses continue ...
The bailiff arrives at the local Solidaires 49
In February 2020, SUD is distributing a leaflet to take stock of this strike, to
talk about the right of expression following the threats received, but also about
pathogenic management. Management will seize the opportunity to attack. In a
paragraph entitled "cold snap in logistics", the union leaflet affirms, among
other things, that "one of the managers of the service uses and abuses his power
to punish the employees, like an emperor". All accompanied by a caricature of the
manager, depicted as an emperor penguin planted on the ice floe.
Immediately, a bailiff was sent to the local Solidaires Maine-et-Loire to take
legal action against the SUD Industrie 49 union. The argument? The "health" of
the frame dressed as a penguin. It would be hard for him to see himself
caricatured on union billboards, and the leaflet puts him at "psychosocial risk".
They even have the nerve to invoke article L 4121 of the Labor Code: "The
employer takes the necessary measures to ensure the safety and protect the
physical and mental health of workers. When it came to the health of workers
undergoing management, the company never reacted, despite the right to alert. But
for the health of an executive, be careful, it is urgent. In 2015, Scania was
proud to call itself "Charlie" and to support the right to cartoon ... but if the
cartoon is aimed at them, the joke does not pass.
Finally, the Angers court did not let itself be fooled and put the employer in
his place, stressing that "the caricature of the identifiable employee does not
relate to his private life but to his role as manager of the service logistics
implementing management guidelines ". And to conclude: "Like any caricature, this
drawing appears as a humorous excess, on the good taste and the relevance of
which the opinions are free, but does not constitute an insult. Yes, freedom of
trade union expression is governed by the same rights as freedom of the press!
Scania was rejected.
What is beautiful in this story is that SUD-Industrie 49 only has about twenty
members. Scania, a multinational integrated into the Volkswagen group, thought it
would be easily crushed. But the union was not isolated. He was able to count on
the sympathy of the workers of the box who clearly identified SUD as a struggle
organization. And he was able to count on the means of the federal SUD-Industry
union to ensure his legal defense. Thus, with tenacity, even a small territorial
union can stand up to an industrial and financial giant.
In the end, Scania made a fool of itself, since its managerial policy was exposed
in public, and the union's action made people laugh. Even a website like
Capital.fr could have titled "The SUD union had the right to represent a leader
as a penguin"!
Unfortunately, the temporary worker at the origin of the conflict could not be
regularized. Since the verdict, the offending manager has had to cut back, and
the logistics situation has calmed down. But little by little, its methods appear
in other departments, and SUD remains vigilant.
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