Following blockades of access to the COM and the central kitchen by striking agents and other demonstrators, the Community and the CTOS had seized the judge on 14 March so that he ordered the strikers and other demonstrators to release the access for sites and so as not to disturb the functioning of public services.
Nicole Javois had been targeted in the summary proceedings in her capacity as representative of the UGTG in Saint-Martin. In defense, the latter stated that she was "not concerned by the occupation", that "no evidence of his presence or of his participation in the occupation of the public domain [of the COM and the CTOS] or to demonstrations such as strike action [was not carried out] ”on file by the COM or the CTOS. It also pointed out to the court that the COM and the CTOS "refrained from indicating that they are at the origin of the conflict because having made, according to a memorandum of understanding of July 12, 2018, promises of employment which have been shown to be fallacious, that they have chosen not to settle the conflict, to leave the proposed mediation and finally to refuse the proposal to end the conflict ”. In addition, Nicole Javois underlines that "the access of the CTOS and the community is free".
For its part, the COM provided bailiff reports establishing the blocking of access to the central kitchen and the COM, in particular by UGTG agents.
The judge considers that if the premises of the CTOS and the COM "are not permanently occupied, they are subject to occasional blockages carried out by public officials following the strike movement launched by the UGTG", who "prevent or dissuade certain non-striking staff from going to their work station, compromising the regular functioning of the services". The judge also specified in his order that Nicole Javois did not submit any document attesting to the contrary, that is, access to said sites is free as she claims.
The judge in summary proceedings therefore orders the secretary of the section of the UGTG in Saint-Martin and all persons occupying or blocking access to the headquarters of the COM, to the premises of the central kitchen and to other premises. of the COM, to end this occupation and to free access to these sites. He ordered a penalty of 300 euros per person per day of delay.
On the other hand, the administrative judge rejected the COM's request to authorize him to have recourse to the police to expel people who would not respect the said decision because it is not within his jurisdiction and competence.
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