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SPAIN SP. 2

SPAIN SP. 2 Legislative provisions on trade union rights - minimum standards - may not be diminished by collective agreement ― collective dispute - nature. HEADNOTES Facts The Spanish National Railway Company (RENFE) concluded agreements with certain trade unions - more specifically CCOO and UGT, as well as the Union of Engine Drivers and Railway Assistants (SEMAF) - providing that trade union branches in the undertaking could use a notice board and elect trade union delegates whenever the union in question had obtained ten percent of representatives in elections to the works committee. The Federal Railway Union of the National Confederation of Labour (SFF-CNT), which did not participate in these agreements, initiated collective dispute proceedings calling for the annulment of the agreements on the ground that they were discriminatory and infringed the provisions of Sections 8 and 10 of the Act on Freedom of Association, which did not make the rights in question subject to a particular percentage of representativity, but rather con- ferred them on all the unions represented in works committees and bodies representing workers in the undertaking. The Union argued that the pro- visions of the Act were mandatory and could not be modified in peius by an http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160290X00089
Publisher site
See Article on Publisher Site

Abstract

Legislative provisions on trade union rights - minimum standards - may not be diminished by collective agreement ― collective dispute - nature. HEADNOTES Facts The Spanish National Railway Company (RENFE) concluded agreements with certain trade unions - more specifically CCOO and UGT, as well as the Union of Engine Drivers and Railway Assistants (SEMAF) - providing that trade union branches in the undertaking could use a notice board and elect trade union delegates whenever the union in question had obtained ten percent of representatives in elections to the works committee. The Federal Railway Union of the National Confederation of Labour (SFF-CNT), which did not participate in these agreements, initiated collective dispute proceedings calling for the annulment of the agreements on the ground that they were discriminatory and infringed the provisions of Sections 8 and 10 of the Act on Freedom of Association, which did not make the rights in question subject to a particular percentage of representativity, but rather con- ferred them on all the unions represented in works committees and bodies representing workers in the undertaking. The Union argued that the pro- visions of the Act were mandatory and could not be modified in peius by an

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1989

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