The judge of the Regional Labor Court of São Paulo (TRT-SP) Eliane Aparecida da Silva Pedroso issued a decision last night (23) that reaffirms the permission to adopt the free turnstile on the Metro during the strike of subway workers, and rejects the required injunction by the company yesterday. Metrô had asked the court to stipulate a minimum number of employees working during the metro workers’ strike, which started this morning.
In yesterday’s decision, reaffirmed today, the judge denied imposing a minimum number of employees working during the strike on subway workers, and accepted the strikers’ proposal to release the turnstiles so as not to harm the population. According to the union’s proposal, if the Metrô agreed not to charge users, the stoppage would be suspended.
This morning, in a letter sent to subway workers, the company said that I would accept opening the turnstiles to call off the strike. Governor Tarcísio de Freitas also used social networks to show support for the idea.
However, while favorably manifesting the suspension of fare collection, the state government and the Metrô made a request, via a writ of mandamus, at the TRT, requesting that the court prohibit the adoption of the measure. The request was accepted and granted by the judge on duty Ricardo Apostolico Silva, who prohibited the release of the turnstiles and stipulated that 80% of subway workers work during the strike, at peak times.
The government and the Metrô say they acted that way because the subway workers did not show up to start work even with the release of the turnstiles. The subway workers said that the Metro did not authorize the start of operations and presented videos showing employees ready to start the trains in several stations.
“The plaintiff has recklessly proceeded [Metrô], because he announced (to the strikers and the population) that he would open the turnstiles, interposing, in a continuous act, a writ of mandamus and opposing the opening of the turnstiles WITHOUT this having been legally imposed on him, all contrary to what he has alleged, including in the writ of mandamus he filed. The workers, acting in apparent good faith, showed up at the jobs – the press announced it, with images – and the applicant ignored what she had spontaneously promised, by asking for an injunction to revoke her own act of releasing the turnstiles (“yours”, because the release news broke from her)”, said Silva Pedroso in tonight’s decision.
She also stated that the writ of mandamus has no effect on her previous decision, and reaffirmed the validity of her injunction yesterday, which makes it possible to adopt the free turnstile. She also added a fine of R$ 100,000 to Metrô for anti-union practices.
“I reiterate the denial of the injunction requested by Metrô and, incidentally, recognize the practice of anti-union conduct, punishing it with a fine of R$ 100 thousand, in favor of the defendant. In the reiteration, the attitude, in addition to reinforcing anti-union conduct, may characterize disobedience to the court order and disrespect for justice, acts subject to criminal and civil punishment”, says the magistrate in the decision.
The magistrate recognized earlier, in a conciliation hearing, that there could be a conflict of decisions, if she decided that the writ of mandamus would not be valid. “If I maintain my decision, there will be two decisions and the union will choose the one that is convenient for it”, she explained at the end of the conciliation hearing.
Assembly maintains strike
In an assembly held tonight (23), subway workers approved the proposal by the Public Ministry of Labor (MPT), presented earlier this evening at a conciliation hearing at the Regional Labor Court (TRT), in the capital of São Paulo.
According to subway workers, if the Metro also accepts the MPT’s proposal, until 11 pm today, employees will end the strike and return to work immediately. The subway workers also decided that they will suspend the strike if the Metro accepts to release the turnstiles while the negotiations take place.
The proposal presented today by the MPT contemplates the realization of an agenda for negotiating the agenda and claims, including the 2023 Profit Sharing (PR); payment of the allowance amount of BRL 2,500 per worker, per year, from 2020 to 2022; cancellation of punishments and guarantee of non-retaliation by strikers; absence of discounts for days off due to the strike; and drafting a peace clause during the negotiations.
The MPT’s proposal was already rejected by Metrô shortly after being presented at the negotiation table, at the beginning of tonight.
Facultative point
Governor Tarcísio de Freitas decreed an optional point in state public offices in the capital of São Paulo and the metropolitan region this Friday (24). The measure will be published in tomorrow’s Official Gazette. Mayor Ricardo Nunes also decreed an optional point in public offices in the capital, with the exception of essential services such as the Funeral Service, service units of the Health and Social Assistance departments, the entire municipal education network and Urban Security. The measure will be published in the Official Gazette this Friday.
