GWU says official cleared after electoral silence complaint
The union calls for clarity after police concluded their investigations, said the secretary was simply carrying out his duty
The police have concluded their investigation against the General Workers' Union secretary of Transport, Maritime and Aviation, and confirmed that no further action will be taken against him, the union said on Friday.
The case was first raised to the public after the GWU said it was "deeply alarmed" after the Electoral Commission filed a criminal complaint against the official over an alleged breach of the electoral silence day rules.
The section secretary, Jurgen Azzopardi, had been communicating with GWU members employed at the Resource Support & Services Ltd (RSSL) regarding ongoing collective agreement negotiations. The members had reached out to him seeking clarifications over the agreement which remains pending and unsigned.
On May 29, the day before the election, RSSL management had written to the staff describing proposals put forward for the collective agreement negotiations with the GWU. The union said many members reached out to seek information and clarification following that communication from their management.
"In response, the Section Secretary updated them on the current position. The communication was strictly limited to employment and industrial relations matters and contained no political content whatsoever," the GWU said in a statement on Friday.
Following a criminal report filed by the Electoral Commission, the Section Secretary was questioned under caution by the Criminal Investigation Department (CID) of the Malta Police Force. As a reaction, the Union issued a public statement defending its official and formally informed the European Trade Union Confederation (ETUC) of the situation.
Now that the case is closed, the union welcomed the outcome, and it reaffirmed that the secretary was carrying out a legitimate trade union function when he was informing members about the status of negotiations concerning their collective agreement.
"Our Section Secretary has been completely cleared, and we naturally welcome this outcome. However, he should never have been subjected to a criminal investigation in the first place," GWU Secretary General Kevin Camilleri said.
"A trade union secretary who informs members about the progress of negotiations concerning their collective agreement is simply carrying out his legitimate responsibilities as a workers' representative. The GWU will continue to stand firmly behind its officials whenever they act within the scope of their mandate, and we will continue to defend trade union rights at every level and in every appropriate forum."
The union said any trade union officer in Malta faced the same uncertainty, that communicating with members during an electoral period, even on matters relating to employment and collective bargaining, could expose them to criminal proceedings.
"This is an uncertainty that cannot be allowed to persist," the union said.
The union highlighted that the rights of trade unions to communicate with their members on matters relating to collective bargaining are protected under ILO Convention No.87 on Freedom of Association and Protection of the Right to Organise, ILO Convention No. 98 on the Right to Organise and Collective Bargaining, and ILO Convention No. 135 concerning Workers' Representatives, all of which have been ratified by Malta.
The ILO supervisory bodies have consistently affirmed that trade unions must be free to carry out their legitimate representative functions without interference from public authorities.
The union said it had notified the European Trade Union Confederation (ETUC) of the case and will address the issue through international channels like the ILO Committee on Freedom of Association.
The union ended its statement by calling the authorities to clarify, whether through legislative or regulatory action, that rules for the electoral silent day do not apply to internal trade union communications concerning collective bargaining and employment matters.
"Trade union officials must be able to fulfil their responsibilities towards their members without uncertainty as to whether carrying out their duties during an electoral period could expose them to criminal proceedings," the statement read.
It ended the statement by saying it remains fully united behind its Section Secretary and behind every trade union official who carries out his or her duties in accordance with the law.