Stern Call from KESK to the Arbitration Committee: "Continue the Struggle, Not the Referee!"

ANKARA - KESK (Confederation of Public Employees' Trade Unions), one of the public labor unions, and Aziz Çelik, a writer who conducts research on trade union rights, have taken a joint stance against the move of the process to the Arbitration Board of Public Officials after the 8th Term Collective Bargaining Agreement talks ended in a deadlock. KESK and Çelik argued that the Grand National Assembly of Turkey (TBMM), not the Arbitration Council, should be the solution address in this process that concerns millions of public laborers and pensioners.

"The Arbitration Board Decides According to the Government's Request"

According to Aziz Çelik's analysis and KESK's statement, the fact that 7 members of the 11-member Arbitration Board are directly appointed by the President creates a strong perception that the decision will be in line with the government's expectations. Therefore, unions should not apply to this board, which could mean a loss of rights for public laborers.

What happens if you don't go to the Arbitral Tribunal?

Based on the Law No. 4688 on Public Servants' Trade Unions and Collective Bargaining, Çelik states that if the Arbitration Board fails to convene due to failure to apply to the Arbitration Board or failure of union representatives to attend, the authority to determine financial and social rights will pass directly to the Turkish Grand National Assembly. It is emphasized that this situation will not lead to a loss of rights for civil servants, on the contrary, it will gain political space and additional time for the collective bargaining struggle.

Will Existing Gains be Preserved?

If no agreement is reached, the fate of the gains of the 7th Term Collective Bargaining Agreement, other than financial rights, is in question. At this point, the principle known as the "after-effect" in the Law No. 6356 on Trade Unions and Collective Bargaining Agreements comes into play. Thanks to this principle, the provisions of the expired collective bargaining agreement regarding the employment contract continue until the new one enters into force. Therefore, existing gains continue to be preserved.

The Struggle May Move to Parliament

KESK and Aziz Çelik say that if the Arbitration Council is not resorted to, the unions will have the opportunity to expand their struggle and continue it in the political arena. In this process, widespread work stoppages and other actions could be organized, and the issue could be kept on the agenda of the Turkish Grand National Assembly during the budget negotiations.