WILLEMSTAD - In a surprising turn of events within the Caribbean aviation industry, the Curaçao division of TUI fly could become the first company where the Dutch union FNV is officially recognized as a representative of the employees. This development follows a period in which TUI fly was reluctant to allow unions in the workplace, a stance that now seems to be shifting.
A few weeks ago, FNV took the initiative by formally requesting recognition from TUI fly Curaçao. To the surprise of many, on February 14, the union received a positive response: TUI fly is exploring the possibility of collaboration with the assistance of a government mediator.
This decision marks a significant change for the airline, which previously in the Netherlands preferred direct negotiations with the works council on employment conditions, without the involvement of external unions.
Supreme Court
The change in course is likely a result of the advice of the Attorney General of the Supreme Court, who in December recommended upholding the decision of the Dutch court that TUI must negotiate with the FNV union on a collective labor agreement (CAO) for cabin crew.
The Attorney General argues that an employer cannot simply ignore a representative union in favor of negotiations with the works council, as this undermines the position of the union, which is not allowed under international law.
Government Mediator
The role of the government mediator is crucial in this process, as they are tasked with investigating the representation of FNV within TUI fly Curaçao. If it is found that FNV Aviation represents more than fifty percent of the employees, TUI Curaçao will recognize the union. FNV is optimistic and expects to easily obtain the necessary support, given the positive responses and determination they have experienced from Curaçao.
This development is newsworthy not only because of the potential recognition of FNV as an official representative but also due to TUI's previous resistance to the idea of union involvement. The company preferred exclusive negotiations with the works council in the Netherlands over primary employment conditions, a practice that is now under pressure. FNV has seized this challenge by presenting itself as a representative dialogue partner, supported by petitions and the desire of employees to be represented by the union.