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Lawyer Warns Histadrut Not To Strike

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Lawyer Warns Histadrut Not To Strike
[ChatGPT translation]

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 P=
erish (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 wor=
kers to strike, stemming from the intention of the Histadrut to prevent the g=
overnment 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 a=
n offense under the law. Strikes are intended for specific and personal matt=
ers directly related to the employer and the workplace.
4. We reference various legal rulings that clarify that such actions a=
re not legal, particularly where the political motivation is detached from t=
he 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 d=
o not pertain directly to labor disputes, even if there are issues of nation=
al importance involved.
6. It is further clarified that any strike related to broader politica=
l matters, which are not directly connected to employment conditions or labo=
r disputes, is not protected under the freedom of association as defined by t=
he Basic Law: Freedom of Occupation.
7. Moreover, there have been past cases where unions attempted to stri=
ke over matters that were deemed to be political rather than employment-rela=
ted, and those actions were not recognized as legitimate by the courts.
8. It is important to note that any involvement of the Histadrut in po=
litical activities that are not directly tied to labor disputes, especially t=
hose involving security decisions, could be seen as a breach of legal respon=
sibilities and might expose the union to legal actions.

9. The involvement of the Histadrut in political activity with employe=
es and workers at sensitive sites, with the intention of preventing them fro=
m carrying out their professional duties, can only be understood as a move i=
ntended to promote a political agenda under the guise of labor action. This i=
s completely prohibited. Such activity is considered unlawful, particularly w=
hen the workplace is one of strategic or security importance.
10. We have also noticed statements by senior officials in the Histadr=
ut that suggest that your intention is to influence the national agenda by e=
ngaging in political strikes. Any such strike that does not concern a labor d=
ispute, but instead seeks to influence governmental decisions or political i=
ssues, 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 fr=
amework of labor laws, focusing only on professional and labor-related issue=
s, without engaging in political or security matters. This appeal is made in=
the interest of maintaining the integrity and legality of the Histadrut=E2=80=
=99s actions.
12. Finally, we would like to remind you that failure to comply with t=
he above could result in legal consequences for the Histadrut, including pot=
ential claims against the union and its leaders. We urge you to reconsider y=
our approach and to ensure that all actions taken by the Histadrut comply wi=
th the legal framework.

Sincerely,

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

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

Website: www.imra.org.il


Source: https://www.imra.org.il/story.php?id=74213


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