Powers & Functioning of Labor Unions: A Comprehensive Guide

Posted on Oct 7, 2024 in Law & Jurisprudence

Powers of Labor Unions and Union Representation

Minimum Rights of Representative Unions

The LOLS (Organic Law of Trade Union Freedom) outlines three minimum rights for the most representative trade unions with presence in unitary representation bodies:

  1. Right to a bulletin board: Ensures adequate access for disseminating notices of interest to union members and workers. This can be a shared board.
  2. Right to collective bargaining: Allows negotiation at the business or lower level.
  3. Right to a suitable location for activities: Applies only to companies with over 250 employees. Sharing of this location among union branches or with unitary representation is subject to agreement.

Union Responsibility

There is debate on whether a union is responsible for the actions of its sections. If considered a single body, the union holds responsibility. If not, the section may be held responsible.

Functioning of the Union

According to Article 7 of the Spanish Constitution (EC), unions operate freely, complying with the EC and the law. Their internal structure and operation must be democratic.

A) Union Democracy

Article 7 EC and Article 4.2.c) LOLS mandate democratic functioning. Union bylaws establish the operating system, adhering to these principles:

  1. Democratic structure and operation: Ensures the union’s actions reflect the will of the majority.
  2. Democratic election procedures: Guarantees fair and transparent elections for representative positions.
  3. Freedom of expression, choice, and participation: Promotes active involvement of union members.

B) Union Autonomy

Article 7 EC establishes union autonomy, allowing them to decide on their organization, actions, and programs without interference from public authorities or employers. The ILO Convention No. 87 prohibits government and employer interference in union operations.

Freedoms under Union Autonomy

  1. Freedom of regulation: Right to draft constitutions and regulations.
  2. Freedom of representation: Right to establish union organs and their selection procedures.
  3. Freedom of internal management: Right to manage affairs and programs without interference.
  4. Freedom of outsourcing: Right to exercise activities internally or externally (collective bargaining, strikes, etc.).
  5. Freedom of suspension and termination: Right to define terms in bylaws.
  6. Freedom of association: Right to form complex organizations with legal personality.