SUPREME COURT OF CASSATION: DEFINING A PROPOSAL TO RENEW A PROTOCOL AS “NON-NEGOTIABLE” CONSTITUTES ANTI-UNION CONDUCT.
With order no. 29738 of last November 11, the Supreme Court confirmed that it is anti-union conduct for an employer to present a proposal to renew an industrial relations protocol and qualify it as non-negotiable.
The Court specifically established that, while there is no general obligation for the employer to negotiate, behavior to the contrary—such as submitting a renewal platform defined as non-negotiable—can be considered anti-union if it violates the negotiation rules set out in previous agreements.
In the case examined, the Supreme Court, following the reasoning of the appellate judges, ordered the reopening of negotiations and the publication of the ruling on union notice boards.
