FNV supervisors allowed by court to proceed with reforms
The Enterprise Chamber has ruled that the supervisors of the FNV may implement their reform. An important element of this is replacing the members’ parliament with a federation council. The parliament had voted against this.
The judge handling the dispute writes in her ruling that the current situation “cannot continue to exist in the governance of FNV.” To ensure the FNV can resume its trade union duties, it is necessary that a new board be appointed as soon as possible.
The judge says this requires an amendment to the FNV’s statutes. This will allow the supervisors, without the consent of the members’ parliament and with immediate effect, to implement a one-off so‑called statutory amendment. The statutes contain the rules on how the union is organised.
The members’ parliament will probably not let it rest, the chairperson told NOS.
A yearlong conflict
In June the Enterprise Chamber appointed former politician Lodewijk Asscher and former chair Ton Heerts as temporary supervisors of the FNV. They were ordered by the court to put things in order within the country’s largest trade union. Union staff went to court to demand reforms.
Almost all year the union has been dominated by internal conflicts at the top. Several recent reports concluded that the FNV is not functioning well. It is unclear who is responsible for what, resulting in a constant power struggle between the board, the supervisory council, the members’ parliament and the executive organisation.
Proposal for a federation council
After six months the two supervisors returned to the Enterprise Chamber. Asscher and Heerts had drawn up a proposal to reform the union by replacing the powerful members’ parliament with a federation council.
Members would retain input through a newly established federation council, although it would have fewer powers than the current members’ parliament. The federation council would include direct representatives from the different sectors, such as transport, ports, education, healthcare and government.
The members’ parliament voted against that reform plan. That completed the chaos within the FNV. Asscher and Heerts therefore asked the Enterprise Chamber to expand their powers. Otherwise, they argued, the union could not be pulled out of the internal crisis. The judge agreed with them.
“Incomprehensible intervention”
The members’ parliament finds the ruling incomprehensible. “I think it is wrong for the court to intervene like this,” says parliament chair Ger Moeken. “Intervening in the statutes in this way is not democratic.”
The members’ parliament will discuss in the new year whether to contest the ruling. Moeken does not rule out taking the case to the European Court. “It concerns the right to freedom of association for a trade union.”
