Collective Bargaining Unit Agreements: Legal Standing & Challenges

Autonomy and Scope of Specific Category Agreements

The broad autonomy recognized by Article 83.1 of the Workers' Statute (ET) allows a group of workers to negotiate their own specific category agreement, forming what is often referred to as a *bargaining unit* or "strip." Examples include airline pilots and railroad engineers, who have successfully negotiated agreements with overall effectiveness for their entire unit, including non-union workers. While these agreements are legal, questions persist regarding the specific entity entitled to negotiate them.

For agreements concerning workers within a single company, standing rules recognize the legitimacy of unions at the enterprise level or lower. These rules impose different requirements for agreements covering *all* employees of the company versus "other agreements." This provision raises several key questions:

Key Questions on Negotiation Legitimacy

• A) Defining "Other Agreements"

  If the initial rule applies to agreements affecting "all" workers of the company, it logically follows that "other agreements" do not affect *all* of them, but rather a specific work center or a bargaining unit. Therefore, enterprise union sections are entitled to negotiate for a bargaining unit, provided the affected workers have given express agreement, designating these sections for bargaining purposes due to their presence among them.

• B) Role of Unit Representatives

  Can unit representatives also negotiate these agreements? Yes, the employer retains the right to choose between single representatives or union representatives.

• C) Trade Unions at Supra-Enterprise Level

  Can trade unions negotiate these agreements at a supra-enterprise level? In principle, no, because the scope covered in Article 87.1 of the ET is not the supra-enterprise level.

• D) Legitimacy Criteria for Unions

  Which unions are legitimized? Unions must have a presence in the area for which a trade agreement is sought (meaning some of the workers targeted by the agreement must be affiliated with the negotiating union section). They must also be elected by an assembly of workers in the bargaining unit, who will decide by an absolute majority.

Challenges of Sectoral Bargaining Unit Agreements

The biggest problems arise concerning the possibility of a *sectoral bargaining unit agreement*. This refers to workers belonging to a particular category or group who wish to have an agreement specifically for all workers in that category or group, regardless of the company they serve. An agreement that applies only to one or a few categories of workers defined by their professions, while excluding the majority of workers, should be described as a *fringe agreement*.

The "Fringe Agreement" Dilemma

However, this type of bargaining unit currently lacks specific rules on standing within the ET.

Inapplicability of Supra-Enterprise Rules

One might consider applying supra-enterprise collective bargaining rules, but the issue is that these agreements do not regulate the sector as a whole (whether local, provincial, or national). Instead, they target very specific professionals within the sector, making those rules seem inappropriate. Indeed, applying supra-enterprise rules could lead to a less representative union gaining legitimacy, despite lacking significant presence among the professionals concerned. Conversely, a more representative union with a high percentage of membership within the convention's scope could be sidelined.