The Government announced that it would not support the ruling to reform the Trade Union Associations Act, which sought to limit the power of unions and their eternal mandates.
Let’s see what freedom and union democracy are and what model our country has.
Freedom and trade union democracy are an essential right for the birth of trade unions and especially for their development and operation, totally independent of the State.
The aims and objectives of trade unions must be to organize and represent workers in their branch and/or activity. This situation does not occur in Argentina in particular.
The Argentine trade union model, created in 1945, was developed as a method to protect trade union freedom and democracy.
The regime of trade union unity (current Argentine model) means the possibility of organization and action of a single union (generally the most representative one), with the State granting it the famous “Trade Union Personality”.
The regime of trade union plurality It is configured when several unions can be formed within the same branch and/or activity. This is the Model of Uruguay, Spain, France, etc. With this model, several unions have “union status”.
There is no doubt that there is a crisis in the Argentine union model that revolves around the principle of concentration of powers of unions with trade union status, giving them the exclusive right to sit down and negotiate.
This Argentine trade union model does NOT ensure the strength of trade union action; it does not comply with trade union democracy and it does not adapt to the principles of trade union freedom enshrined in the conventions of the International Labour Organization.
We see how greater importance is given to current international regulations, and it is these that are cited by the Argentine Justice, slowly promoting the modification of the laws on trade union associations, twisting this archetype.
We can say that we are in need of a reform of the union packaging laws.
In 1956, an unsuccessful attempt was made to impose the model of trade union plurality.
Trade union rights are a complex right of action and organization in defense of workers’ interests..
In Argentina we have a conglomerate of disastrous situations: The perpetuation of power in the unions
Freedom and trade union democracy must serve to strengthen the action of unions and not their atomization.
In Argentina, the union leadership is a caste of millionaire and privileged officials who are oblivious to any reality of the workers they claim to represent.
Their racial privileges and gangster style are what allow union bureaucrats to be associated with the heavy mafias of union scum.
Trade union freedom is violated when collective bargaining negotiations are imposed on guidelines imposed by plans against workers.
Trade union freedom is violated when the Federal Court is used to intervene in unions.
Trade union freedom is violated when it is decided, with complete arbitrariness, which unions are granted trade union status and which are not.
There is no freedom of association in Argentina.
Does it seem that the period in which trade union freedom was conditioned by the political repression of the moment is coming to an end?
It is clear that the Argentine justice system has made pronouncements that in a certain way alter the Argentine trade union model and dethrone the law on trade union associations, which remain in force, thanks to the political sovereignty of the day.
Today, no one doubts the need for unions to be independent of companies and the State.
Without pluralism, without competition, without privileges and state bans, there is no freedom or democracy in Argentine trade unionism.
Attorney specializing in labor law. President of APREEA
Source: Ambito
