Facts
On 4 November 2002, the Construction and Industry Union (GBI) held a national strike day of construction workers to enforce the introduction of flexible early retirement from the age of 60. As part of this action, around 2000 demonstrators blocked the two tunnel tubes of the Baregg Tunnel on the A1 motorway for an hour and a half. Subsequently, four trade union officials were convicted of coercion under Art. 181 SCC.Considerations
The DFC upheld the conviction of the appellants. It found that the blockade action constituted the means of coercion by which the road users were forced to do, tolerate and refrain from something, namely to stop, wait and not proceed further. Although the right to strike is generally protected under Art. 28(3) Cst. and Art. 8(1)(d) ICCPR, a strike measure must be proportionate. However, the blockade action at the Baregg Tunnel was not directed against the opposing party in the labour dispute, but against uninvolved third parties and was therefore…