Negociación colectiva

Resumo

«None of the judgments reviewed provides novel or original solutions or criteria on the collective bargaining issues addressed. Of course, the conclusion reached by the SAN of October 29, 2021, contrary to the admission that the modification of the company's collective agreements maintained in force by a collective agreement constitutes a non-application of this to be processed in the planned manner in art. 82.3 of the ET, it does not seem debatable to me as long as it is accepted, of course, that such agreements do not affect the matters that are part of said agreement; for the particular vote that accompanies that, this is not the case in the present case. As for the SAN of 13 of the same month and year, it is obvious that the constitution and composition of the negotiating commission of the equality plans is governed by rules of absolute necessary law, among them the one that imposes that the designation of the members of the social part attends to the representativeness (the electoral results) that accredits each one of the union sections or, if the commission is constituted with unitary representatives, each one of the union candidacies or groups of independent workers. It is also obvious that this representativeness is not altered by the fact that some unit representatives have changed their union affiliation (SAN of October 19, 2021). Finally, it is also obvious that the termination of the process of challenging the collective agreement due to the sudden loss of its object cannot occur by the mere subscription and registration of the new collective agreement that replaces it; it is specified that the latter had been published before the judgment was handed down (STSJ of Galicia of March 16, 2021), as the Supreme Court has had occasion to establish, some time ago.