During the hearing of the Council of State on Tuesday, the first auditor recommended rejecting the socialist union's appeal of the railway company's refusal to accept a three-day strike notice.
The railway union ACOD Spoor-CGSP Cheminots appeared before the Council of State on Tuesday. Earlier, unions filed an emergency appeal against the railway company's refusal to accept a three-day strike notice.
Railway workers' unions filed a three-day strike notice on 26 January as part of the inter-professional actions planned for 5 February, 10 February, and 12 February, depending on the province.
However, this notice was rejected by HR Rail, the human resources department of the SNCB and Infrabel railway companies, which deemed this new action "disproportionate and irresponsible."
Before the Council of State, lawyers for the CGSP Cheminots and HR Rail reiterated their arguments. Marine Wilmet, representing the socialist union, stated that the company's refusal constituted a violation of "a fundamental right" and "discrimination against railway workers," who "would thus be the only workers unable to participate in the inter-sectoral actions."
The railway workers' employer, for its part, insists that the appeal is inadmissible because it was filed by Pierre Lejeune, CGSP Cheminots's president, and not by the union.
The lawyer for the CGSP railway workers' union countered that the president did indeed represent the union, citing the extreme urgency of the appeal.
Nonetheless, the auditor ruled that the unions' appeal should be dismissed, arguing that the organisations should specify in their notice the provinces concerned for the daily industrial action on the aforementioned dates.
The Council of State, which generally follows the auditor's opinion, will issue a ruling on this appeal soon. The unions hope for a publication on Wednesday.
