Lawyer Warns Histadrut Not To Strike
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Ben-Ari, Marans, Techelet & Co.

Law Office & Notary

Sunday, 1 September 2024

To:
Mr. Arnon Bar-David
Secretary of the Histadrut

Subject: Notice Regarding Your Intentions to Strike Over Political Decisions on the Security System

1. In the name of our clients, the Im Tirtzu Association - To Live or Perish (NGO), we hereby approach you with the following points:


2. Following various publications by the Histadrut, which suggest that the Histadrut might act through legal and/or public channels and prompt workers to strike, stemming from the intention of the Histadrut to prevent the government from operating within the economic system.


3. We wish to remind you that any strike based on political reasons or solely political grounds is not considered legitimate and is classified as an offense under the law. Strikes are intended for specific and personal matters directly related to the employer and the workplace.


4. We reference various legal rulings that clarify that such actions are not legal, particularly where the political motivation is detached from the direct relationship between the employer and the workers.


5. Additionally, it has been ruled by the National Labor Court and the Supreme Court that there is no right to strike over political issues that do not pertain directly to labor disputes, even if there are issues of national importance involved.


6. It is further clarified that any strike related to broader political matters, which are not directly connected to employment conditions or labor disputes, is not protected under the freedom of association as defined by the Basic Law: Freedom of Occupation.


7. Moreover, there have been past cases where unions attempted to strike over matters that were deemed to be political rather than employment-related, and those actions were not recognized as legitimate by the courts.


8. It is important to note that any involvement of the Histadrut in political activities that are not directly tied to labor disputes, especially those involving security decisions, could be seen as a breach of legal responsibilities and might expose the union to legal actions.


9. The involvement of the Histadrut in political activity with employees and workers at sensitive sites, with the intention of preventing them from carrying out their professional duties, can only be understood as a move intended to promote a political agenda under the guise of labor action. This is completely prohibited. Such activity is considered unlawful, particularly when the workplace is one of strategic or security importance.


10. We have also noticed statements by senior officials in the Histadrut that suggest that your intention is to influence the national agenda by engaging in political strikes. Any such strike that does not concern a labor dispute, but instead seeks to influence governmental decisions or political issues, will expose the Histadrut to legal action.


11. We therefore call upon you to refrain from taking any actions that may lead to a breach of your legal duties and to act strictly within the framework of labor laws, focusing only on professional and labor-related issues, without engaging in political or security matters. This appeal is made in the interest of maintaining the integrity and legality of the Histadrut’s actions.


12. Finally, we would like to remind you that failure to comply with the above could result in legal consequences for the Histadrut, including potential claims against the union and its leaders. We urge you to reconsider your approach and to ensure that all actions taken by the Histadrut comply with the legal framework.

Sincerely,

Assaf Techelet, Adv.
Eran Ben-Ari, Adv.
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IMRA - Independent Media Review and Analysis

Since 1992 providing news and analysis on the Middle East with a focus on Arab-Israeli relations