Fiat has received a
setback to its new employment contracts as a judge in
Bologna has ruled in favour of the combative Fiom union
which had contested the carmaker's decision to exclude
it from representation at Magneti Marelli after it
refused to accept the new terms.
Fiat introduced the
new employment contracts, which include longer working
hours, at the start of the year, and Fiom was excluded
from representing its members at Magneti Marelli for not
recognising the validity of the new working practices.
Now a judge has ruled
that Fiat's decision to shun Fiom was unlawful, the
announcement coming after a series of lawsuits were
brought against Fiat by the union. Fiat said it was
"astonished" by the decision and would "immediately
appeal."
"It’s a very important
ruling as it’s the first one on the new labor contract
and ratifying our rights,” Federico Bellono, the Fiom
union’s local head in Turin, told the Bloomberg
news agency by phone after the decision was announced.
For its part
Fiat issued a statement in Turin which read: "Fiat is
astonished at the ruling of the Labor Court of Bologna
in the case brought against Magneti Marelli by FIOM.
"In fact, the judge's decision
is contradictory because on one hand it finds in the
plaintiff's favor and on the other it questions the
constitutionality of Article 19 of the Workers'
Statute," the Fiat statement argued. "Article 19, the
legitimacy of which has been confirmed by the
Constitutional Court on several occasions, states that
union representation within a company is limited to
unions that are signatories to the labor agreements in
effect for that company.
"FIOM is not a signatory to the
Magneti Marelli agreement and, as such, the absence of
union rights is not dependent on any choice made by the
company, but rather the unequivocal will of law
expressed very clearly in Article 19 of the Workers'
Statute. It is worth bearing in mind that the Court of
Turin has recognized as legitimate the collective labor
agreement applied at Magneti Marelli and signed by all
other trade unions," the Fiat press released added,
before concluding by stating that: "The company will
immediately appeal the ruling of the Labor Court of
Bologna."
