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.
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.