ECJ 11 September 2014, case C-328/13 (Österreichischer Gewerkschaftsbund - v - Wirtschaftskammer Österreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

ECJ 11 September 2014, case C-328/13 (Österreichischer Gewerkschaftsbund - v - Wirtschaftskammer Österreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

2014/64 Court orders union to stop using false and misleading slogan while boycotting employer’s products but allows boycott per se (GR)

A union called a strike, demanding reinstatement of redundant employees and the reopening of a plant. The strike was declared unlawful and the union was ordered to stop striking. The union then began a country-wide boycott of the employer’s products. The employer sought a court order, by way of interim relief measure, against the union to stop all actions leading to the boycott. The order was granted only partially.

2014/64 Court orders union to stop using false and misleading slogan while boycotting employer’s products but allows boycott per se (GR)

A union called a strike, demanding reinstatement of redundant employees and the reopening of a plant. The strike was declared unlawful and the union was ordered to stop striking. The union then began a country-wide boycott of the employer’s products. The employer sought a court order, by way of interim relief measure, against the union to stop all actions leading to the boycott. The order was granted only partially.

2014/33 Union attempt to have new tribunal fee regime struck out (UK)

This case concerns the introduction of a new Employment Tribunal fee regime by the UK government. The trade union, Unison, opposed the regime on four grounds. They claimed it breached the principle of effectiveness, the principle of equivalence, the public sector equality duty, and that it was indirectly discriminatory. All of these grounds were dismissed – however, the Court claimed that the arguments would be better assessed if the challenge was brought later when more evidence could be considered. This leaves the way wide open for another challenge down the line.

2014/33 Union attempt to have new tribunal fee regime struck out (UK)

This case concerns the introduction of a new Employment Tribunal fee regime by the UK government. The trade union, Unison, opposed the regime on four grounds. They claimed it breached the principle of effectiveness, the principle of equivalence, the public sector equality duty, and that it was indirectly discriminatory. All of these grounds were dismissed – however, the Court claimed that the arguments would be better assessed if the challenge was brought later when more evidence could be considered. This leaves the way wide open for another challenge down the line.

2014/17 Italian law on facilities for unions discriminatory and unconstitutional (IT)

When the car manufacturer Fiat terminated the national collective agreements to which it was a party and entered into a new, company-level collective agreement for one of its factories, a large trade union, FIOM, refused to sign up to it. Fiat applied section 19 of the Workers’ Statute to deny FIOM certain benefits, such as the right to call meetings with staff during working hours and the right to use company facilities. The Constitutional Court declared the section unconstitutional on the basis that it discriminated unreasonably against unions that are not a party to a collective agreement despite representing a large segment of the workforce.

2014/17 Italian law on facilities for unions discriminatory and unconstitutional (IT)

When the car manufacturer Fiat terminated the national collective agreements to which it was a party and entered into a new, company-level collective agreement for one of its factories, a large trade union, FIOM, refused to sign up to it. Fiat applied section 19 of the Workers’ Statute to deny FIOM certain benefits, such as the right to call meetings with staff during working hours and the right to use company facilities. The Constitutional Court declared the section unconstitutional on the basis that it discriminated unreasonably against unions that are not a party to a collective agreement despite representing a large segment of the workforce.

2013/7 Not all employee representatives active within one organisation need necessarily enjoy the same conditions for their activities (CZ)

If employee representatives exist at the employer, the employer must create the conditions for proper performance of their activities and bear the necessary costs to support this. In the case at hand, the trade union laid down requirements for the employer that were disproportionate and contrary to ethical principles, considering the size and activities of the trade union.

2013/7 Not all employee representatives active within one organisation need necessarily enjoy the same conditions for their activities (CZ)

If employee representatives exist at the employer, the employer must create the conditions for proper performance of their activities and bear the necessary costs to support this. In the case at hand, the trade union laid down requirements for the employer that were disproportionate and contrary to ethical principles, considering the size and activities of the trade union.