SERVICES
Industrial Relations
Company Agreement Without RSU and Rejected by Referendum: Opt-Out Imposed on Workers Constitutes Anti-Union Conduct
Bolzano Tribunal
Several trade union organisations challenged a company agreement signed by the employer with only some of the unions, without the signature of the RSU (unitary trade union representation) and subsequently rejected in a workers’ referendum. Despite this, the company proceeded to apply the agreement across the board, providing for a system of individual opt-out by means of a dedicated form.
The judge found that, even in the absence of erga omnes effect of the agreement, the manner of implementation adopted by the employer constituted anti-union conduct. In particular, the communication to workers omitted essential information — such as the RSU’s failure to sign and the negative outcome of the referendum — leading workers to believe that a fully effective collective agreement was in force.
The opt-out mechanism, moreover, transferred to individual workers the burden of taking action to avoid the application of the agreement, with the result that inaction was treated as acceptance. In this way, the outcome of the trade union negotiations and the referendum was effectively neutralised.
According to the Tribunal, an overall assessment of the employer’s conduct reveals a circumvention of the role of trade union organisations and collective representation bodies, with consequent damage to trade union activity.