Unions without sufficient representation cannot challenge collective layoffs
Labor Newsletter - March 2018
The Supreme Court has settled an appeal by a labor union that had chosen not to stand for Works Committee elections, although it intended to challenge a collective layoff on the basis that it had a union branch.
The judgment examined the effective extent of representation of the union as a requirement to be able to challenge the collective layoff. Since it had no members on the Works Committee, the court focused on determining whether it had an adequate level of membership among the employees falling within the scope of the dispute (the company, in this case). Because the union only had a token presence at one of the workplaces, it was held not to have standing and the appeal was dismissed.
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