Postnords svar till Tesla: ”Är verklighetsfrånvänt”
www.expressen.se
Postnord kan inte beordra sina medarbetare att dela ut post till Tesla. Det skriver företaget i ett yttrande till Solna tingsrätt – där man också hänvisar till ”force majeure”.

Postnord cannot order its employees to deliver mail to Tesla.

This is what the company writes in a statement to the Solna district court - where they also refer to “force majeure”.

It was on Monday that Tesla sued the Swedish Transport Agency and Postnord, after the electric car manufacturer did not receive registration plates for new cars distributed. This is because the postmen and other employees are members of trade unions that strike in sympathy with Tesla in the company’s conflict with IF Metall.

Now Postnord responds in a statement to the Solna District Court.

Postnord about Tesla: “Not true” Initially, the company writes, via the law firm Mannheimer Swartling, that Tesla’s lawsuit is “characterized by invective and irrelevant descriptions” and that it is not true that Postnord’s actions would be “system threatening” or some kind of “attack” against Tesla.

  • That we would have such an attitude or work in the manner alleged in the lawsuit is unrealistic and incorrect, says Anders Porelius, press manager at Postnord, in a press release.

Postnord claims to be neutral and outside the conflict between Tesla and the unions, but believes that it has an “obligation to respect the measures taken”.

“Postnord assesses that Seko’s and ST’s sympathy measures constitute both a legal and a practical obstacle for Postnord to provide Tesla shipments that are addressed to Tesla,” the company writes in its statement.

Refers to force majeure According to Postnord, the company has no control over the situation and therefore refers to force majeure. The company also emphasizes that the right to strike is constitutionally protected, and therefore applies over and above the distribution obligation in the Postal Act.

In the 14-page opinion, the lawyers at Mannheimer and Swartling then go through why they believe that Tesla’s request for interim security measures should be rejected. They write, among other things, that Postnord’s agreement is with the Swedish Transport Agency and not with Tesla, so if there is anyone who can request the ordered signs, it is the Swedish Transport Agency. They also write that Tesla can “easily” order new signs and collect them from the manufacturer.

The Solna district court must now decide what obligations Postnord has pending trial.

  • qx128@lemmy.worldEnglish
    1017·
    1 year ago

    Sure, I get the idea of union camaraderie and deep cultural integration. But, that doesn’t really answer the question…

    Can a delivery company refuse to deliver mail to any person or company due to personal beliefs?

    When the mail originates from the Swedish government, sent to a company, is the delivery company allowed to block delivery?

    If you remove Tesla from the story, and generalize the question, I still wonder how this can be legal?

    • stephan262@lemmy.worldEnglish
      13·
      1 year ago

      From how I understand the judgement. Yes the postal company does have a legal obligation to deliver to all businesses. In this case, it’s not the postal company making the decision to not deliver to Tesla but rather the union. Therefore the postal company is unable to make the deliveries due to circumstances outside of their control.

      • Craving0496@fedia.io
        13·
        1 year ago

        To really hit home the point in simple term: since the postal company hires people whose part of a union and the union stirke, the postal company is unable to fulfil it’s obligations. This is mainly due to the fact that the postal service by law can’t force union workers back to work. Therefore Post Nord argues That since ‘they’ as a company have no workers to deliver the mail and have no legal control over the union, they’re not liable for mail undelievered due to striking employees.

    • JJROKCZ@lemmy.worldEnglish
      91·
      1 year ago

      The company isn’t refusing, its workers are refusing in sympathy with striking workers. Class solidarity is still honored in some parts of the world

      • Craving0496@fedia.io
        35·
        1 year ago

        some people were of Royal blood where you still respect the system. All are equal under the law and that means respecting people’s right to strike even it’s in convenient. It’s important to, not like the USA, treat the people who work for you as animals, but as human beings with talents and families. Slave Labor is abolished was the latest news. haven’t reached Elon Musk or America, for that matter.

    • PupBiru@kbin.social
      3·
      1 year ago

      the company can refuse to deliver mail under a few obvious situations:

      • too far off regular delivery routes (though depending on the laws behind postal delivery in sweden this might not be an acceptable reason for postnord, but certainly would have to be for a private company)
      • consistent danger to delivery personnel

      so there’s definitely a line somewhere. i think that postnord is arguing that it can’t force its employees to deliver to tesla in the same way that it can’t force its employees to deliver to a dangerous address. the article also states that the right to strike is part of the swedish constitution

    • albert180@feddit.deEnglish
      2·
      1 year ago

      It’s not the company that refuses delivery. It’s the workers, they also don’t want refuse it “because they don’t like the company” But because Tesla refuses to negotiate a Union contract.