The strikers of Coca-Cola, the boycott and the judicial judgment

The company for at least one year has proceed to cutting costs, by closing establishments, the transfer of the company and its activities to neighboring countries, along with the voluntary retirement program and layoffs for workers. In this context, announced the closure of the plant in Thermi, whose employees answered by going on strike for 338 days.

Alongside the strike, the workers called on citizens to boycott the popular soft drink and other products of the company, through an online campaign, with the support of labor unions and clubs, as a mean to pressure the company to avoid losing jobs.

The Coca-Cola 3E responded with a request for provisional measures against the Pan-Hellenic Federation of Labor Bottled Drinks Association and the Union of Coca Cola workers, accusing the striking workers for defamation and causing moral harm. Coca cola asked compensation of 250,000 Euros from each worker, i.e. total of 5.5 million Euros.

But the request was rejected by the First Degree Court of Athens. According to the decision, (No. 8839/2014), the action of Coca Cola should "be dismissed as unfounded in law since the boycott, which made for ideological, political, religious reasons, lies outside the N.146 / 1914 because it lacks competitive purposes and is done by persons not participating in the competitive process. It is considered, though, as a legitimate consequence of the individual's right to freedom of expression (Article 14 of the Constitution)." Also it is emphasized that "the boycott's aim is not competition but the re-opening of the factory in Thessaloniki and the re-employment of redundant workers, i.e. a means of pressure to achieve a social nature's purpose of a trade union."

The company, however, tried to give a different dimension to the judgment by issuing notice, which refers to "false and slanderous allegations of small number of former employees." "The First Instance Court of Athens, recognizing the unsubstantiated, false and misleading messages that deliberately were used by former employees of the establishment of Thessaloniki, broke the backbone and main argument of defamation actions of former workers and banned the use, distribution and reproduction by any means, of the messages that Coca-Cola, produced in Bulgaria, taxed in Switzerland, consumed in Greece. Thereby is confirming that the claims of former employees are false, defamatory, and in no way connected with the reality of the business of the company. Meanwhile, the decision does not prohibit any protest, including the boycott, in a context of valid union activities", was highlighted among others.

"As it is known, the company has 45 years strong and stable presence in the country, generating 96% of its products in Greece, and fully complies with all tax obligations to the Greek State, with consistency and respect to Greek tax legislation. In particular, the last 10 years has yielded the state, through tax, employers and other levies, about 1 billion. Euros, while specifically 2012-2013, the company contributed 258.8 million Euros. Meanwhile, the last two years the company has invested in the Greek market 275 million Euros. Already, since the beginning of 2014, a new investment plan of the company is ongoing.

The former employees of the distribution department in the installation of Thessaloniki, with feasibility and deceit have engaged in recent months in a campaign of defamation and denigration of the company, when the Coca-Cola 3E repeatedly offered them, the recommendations and plans in order to ensure employment and income. Specifically, the company within two years has submitted a total of three proposals to the former employees in order to find the best solution; offered them a free car of her ownership, in order to work as independent distributors in the delivery of its products, ensured their jobs by offering a 3-year or 5-year contract, until covering the cost of all legal and bureaucratic procedures. All proposals were rejected without any reasons by the union of workers and their trade unions (POEEP), who chose the path of slander and defamation of the company", concludes the statement.

The company reportedly worried that will be in disadvantaged, as was the Coca Cola in Spain, since the boycott in Spain caused huge drop in sales, and in Greece there is a positive response by a portion of the consumers.

The judicial conflict among the company and the strikers, however, looks set to continue at least until the announcement of the judicial decision on the dismissal of the workers in the factory in Therme, on October.