Trade union democracy is a serious issue. Precisely for this reason we need to clarify the history and responsibilities of each one. The Workers' Statute, law 300 of 1970, provided that trade union rights were conferred on the "most representative trade union organisations", a term which essentially referred to Cgil Cisl Uil.
Before 1995, it was not necessary for trade union organizations to be signatories to a national contract to be entitled to the appointment of the Company Trade Union Representative (RSA). In 1995 two referendums of opposite orientation were proposed, which abrogated that part of article 19 of law 300/70. One, supported by Cobas and elaborated by Pier Giovanni Alleva, provided for the cancellation of any requirement.
The other, in the period of concertation, aimed precisely at limiting the Cobas, and was elaborated by the CGIL and supported by the Fiom-Cgil of the time, with the opposition of the CISL. The second was the only referendum to pass; in this way the obligation to sign contracts was established. Fiom itself, which had supported him, fell victim to it when, in 2012, not having signed the national contract for metalworkers, it fell into the hole it had dug against Cobas. The other non-signatory trade union organizations (e.g. Slai Cobas, Flmu Cub, Usb, etc.) have always not had the right to share the 1/3 share of the Rsu (a share that no longer exists since 2014), unlike Ugl and Fismic, who have always signed national contracts.
This quota was introduced in 1993 to avoid a corporate drift of the union. As for Fiat, now FCA, which is no longer a member of Confindustria, the electoral system that applies is that provided for by art. 19 of law 300 "Workers' Statute", and refers to the Company Union Representatives (RSA) and the FCA CCSL Contract. The sentence of the Constitutional Court 231/2013 substantially restored this right of all the most representative trade unions, referring to the legislator the need to fully regulate the system through a revision of article 19 of Law 300/70.
The agreement dated June 28, 2011, signed by CGIL-CISL-UIL, has not changed the rules in RSU renewals. But he defined the procedures for approving agreements and certifying members and votes collected in the Rsu. After the approval of the consolidated text in January 2014, it is possible to participate in any company representation election if one subscribes to the electoral rules (as in all democratic elections). It is no coincidence that USB initially sued because it wanted to sign only a part of the Consolidated Text, but the court of Turin, in the same year, found it wrong in the first instance and on appeal; so today even the USB has recognized these rules.
Democracy is a value, it's a serious matter, that's why it is defined by rules that cannot be changed for one's own interests! There are serious problems around the application of article 39. For some time I have thought that for parties and trade unions, membership and internal democracy must have a legislative framework that goes beyond self-certifications and moves towards greater objectivity, which must apply to everyone.
The 5-star movement is doing well to participate in the debate but the value of the example is even more important, and we hope that the statements by Beppe Grillo and others on the cancellation of the unions are to be considered only impromptu slips, not very suitable for a democratic force.
We think that representative democracy is more "democratic", which selects and provides for a constant and authentic control over the representatives; the real one, in short, as Norberto Bobbio explained it to us. When "direct democracy" elaborates proposals and chooses candidates with very few clicks, which are non-binding, because in the end the "guarantor" who is not elected by anyone decides, we are on a terrain that has little to do with democracy.
