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(en) UCL 49: At Scania: SUD-industry against the penguin (ca, de, it, pt)[machine translation]

Date 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 the organization".

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.

Ridiculed scania

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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