Issue link: https://maltatoday.uberflip.com/i/331448
maltatoday, WEDNESDAY, 18 JUNE 2014 3 News CONTINUED FROM PAGE 1 Earlier, the company issued a statement in which it insisted that despite the industrial action called by the union "public transport servcies were operating normally". The company also said that it had a contingency plan ready, "especially catering for situations of a call for in- dustrial actions." Speaking to MaltaToday, UHM's transport section secretary Martin Caruana explained that MPTS had failed to recognise the union as the sole representative of the employees. In a statement issued in the morn- ing, Transport Minister Joe Mizzi called on the union to shoulder its responsibility and said that ground- less rows could disrupt the selection process of the new operator. However, Caruana disagreed and said "this has nothing to do with the selection of the new operator and it has absolutely no effect on the nego- tiations". He also dismissed the minister's claims that the union had failed to provide proof that it represented over 50% of MPTS employees, explaining that during a meeting held on Mon- day, UHM presented the company with proof of this. In the past weeks, the union de- manded to have an independent verification of its representation by the Director of Industrial and Em- ployment Relations, however the company has so far failed to ask for the independent verification. "We do represent more than half of the employees, and during the meeting held yesterday not only did we present proof of this but the com- pany representatives acknowledged this. However, despite promising to come back to us and confirm that we are the representatives of over 50% of the employees, we have not received any confirmation," Caruana said. He explained that the unions are bound by data protection when pro- viding details of their members and the only instance when this data can be provided is if the Director of In- dustrial and Employment Relations makes a formal request to verify rep- resentation within a company. "The request by MPTS to see this data is illegal and we can only pro- vide details of our members to the Director of Industrial and Employ- ment Relations," he said, adding that while a number of members have no qualms in making their affiliation to a union public, others sign a non-dis- closure form and the union is bound by law. Garage workers aside, he added, the UHM has become the major representative of public transport employees, including drivers. At the moment the only union recognised by the operator is the General Work- ers Union. Explaining that if a union repre- sents over 50% of workers in a par- ticular company it automatically becomes the sole representative in dealing with the company on collec- tive matters. Caruana said that un- less the MPTS asks for an independ- ent verification it could not establish who is or who is not the sole repre- sentative. "If no solution is found we will con- tinue with the strike and escalate matters if need be," he said. Asked what kind of actions the un- ion would be taking, Caruana said that the union's council takes such decisions. MIRIAM DALLI IT remains unclear who ordered the Government Property Division to drop the government's Australia Hall case against the Labour Party. The Public Accounts Committee yesterday continued discussing the contract signed by the Commission- er for Lands and Malta Shipbuilding on August 20, 1979, and the one signed between Malta Shipbuilding and the Malta Labour Party just two days later. The Opposition asked the PAC to scrutinise the 1979 contract after the present government decided to drop the case against the Labour Party to take back the derelict Aus- tralia Hall building in Pembroke. Appearing before the PAC, social solidarity minister Michael Farru- gia – who up to a few months ago was the parliamentary secretary re- sponsible for lands – said it was "a collective decision" for the govern- ment to drop the case. But at a previous sitting, the former director-general of the Government Property Division, Iman Schembri, said he had received "political direc- tion" to drop the case. The 'direc- tion' however was not in writing. As the Opposition MPs – mainly Tonio Fenech and Jason Azzopardi – sought to understand who had is- sued the directive, Farrugia insisted it was taken following numerous discussions held between the par- liamentary secretariat, the Attorney General and the lands department. Fenech said no one seemed to want to shoulder responsibility for the decision. The Australia Hall was granted to Labour by the Mintoff administra- tion as compensation for the party- owned Freedom Press property in Marsa, which was requisitioned to be used for the development of the Malta Shipbuilding. Following the derelict state the historic hall fell into, the then Na- tionalist administration started legal proceedings to take the prop- erty back. As a counteraction, the Labour Party demanded the Marsa land back. With the government's plans to transform the former Shipbuilding site into a maritime hub, the PAC was told that some clauses in the contract had to be revisited. This however required a parliamentary resolution – which has not yet taken place. Farrugia confirmed he had initi- ated the process but the current Director General, Ray Camilleri, halted the process due to the ongo- ing proceedings before the PAC. Justice Minister Owen Bonnici argued that the government would have gotten flak if it had proceeded with changing the contract while the PAC was discussing the matter. The government MPs went on to argue that dropping the court case was the only way to allow the government to go ahead with the maritime hub plans, ensuring that prospective operators would find no obstacles. Enforcement measures down to 'an average of once a month' Testifying before the committee, Jason Azzopardi said enforcement measures have fallen from 1,012 in 2012 to just seven in 2014, an aver- age on one inspection a month. Azzopardi was making his open- ing remarks before explaining why the 2010 government had initiated the court case against the Labour Party. He said that there was a clear breach of contract after the historic hall had been allowed to fall into a derelict state. Minister says groundless rows could disrupt prospective bus contract 'Unclear' who ordered Lands to drop Australia Hall case against Labour