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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Milan, 8th September 2016

Avv. Vittorio De LucaManaging Partner, De Luca & Partners

Speaker:

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Article 39

Trade unions may be freely established.

ITALIAN CONSTITUTION

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

NO LAW DEFINITION OF

UNIONS Self-defense of interest

associated with employment relationship

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Article 39Italian

Constitution

BENEFICIARY: - Individuals & - Organizations

LIBERTY:- Positive & - Negative

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Anti-Union Behavior Workers Statute - Article 28

Employers behaviour aiming to undermine or limit:

the exercise of unions freedom or activities; or

the right to strike.

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

The Judge, based on brief investigation and after having heard the parties, within 2 days, may order to the employer to immediately:

cease the anti-Union conduct; and

remove the effects of unlawful conduct.

Law provides for a specific urgency Court Proceeding, against anti Unions behavior

Anti-Union Behavior Proceeding

Workers Statute - Article 28

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

  Appeal: within 15 days (standard proceeding with full investigation)

NOTE: decision of Court under Section 28 will remain effective until standard proceeding above will not come to an end

Anti-Union Behavior Proceeding

Workers Statute - Article 28

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

TRADE UNIONS ORGANIZATION

WORKS COUNCIL

EU UNIONSNATIONAL,

REGIONAL, PROVINCIAL

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

UNIONS ORGANIZATION MODEL

Vertical: per industry(Chemical, Banking, Insurances, etc.)

Horizontal: per territory(includes all the unions belonging to different industries,

within a specific territory))

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

MAIN TRADE UNIONS IN ITALY

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Finland Belgium Spain Italy UK Germany Denmark France USA0%

10%

20%

30%

40%

50%

60%

70%

80%72%

52%

40%34%

28%

20% 20%

9% 7%

Map of unionized workers

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

DIFFERENT LEVELS OF BARGAINING

• INTERCONFEDERAL AGREEMENTS;

• NATIONAL COLLECTIVE BARAGAINING AGREEMENTS (NCBA);

• TERRITORIAL AGREEMENTS;

• COMPANY AGREEMENTS.

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

NATIONAL COLLECTIVE BARAGAINING AGREEMENTS

Define the general rules of the employment relationships and the limits within the bargaining at regional and/or at company level

Duration: 3 years

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

COMPANY AGREEMENTS

Subject matters defined by NCBA

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Italy France Spain Belgium Austria Denmark0%

20%

40%

60%

80%

100%

120%

80%

98%

70%

96% 95%

80%

Map of European Industrial Relations

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Decentralized bargaining is gaining

unprecedented centrality and power

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Article 51 Legislative Decree 81/15

Law discipline applicable only in the absence of a NCBA

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

NCA HIERARCHICAL SYSTEM

After 2015NCBA = CCBASame level of authority

Before 2015

NCBA > CCBA

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Decree Law 138/2011 Article 8

Possibility of derogation in

pejus

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Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches

Derogation is conditional on the employer to:

pursuing the aims of increasing jobs;

furthering the quality of employment relationships;

adopting schemes for workers’ participation in the business;

encouraging the detection of undeclared workers;

increasing competitiveness; increasing wages;

dealing with crises;

pursuing investments and start-ups.

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Q & A

THANKS FOR YOUR ATTENTION