The Danish Supreme Court delivered a ruling principle decision where the right of a union to conclude specific agreements for its members during the signing of collective agreements does not constitute a violation of the law on freedom of association. These ruling concerns two members of a ‘yellow’ union who did not receive a salary bonus that awarded during their period of sick leave. The bonus payment forms part of the packaging industry’s collective agreement and applies to members of the agreement’s signatory unions, 3F and HK.
After the arbitration system’s decision in 2012 (c.f. article No. 120719) it was the turn of the Supreme Court to rule on the exclusivity of certain benefits as negotiated by the union signatories to collective agreements. In a ruling handed down on June 04 that was qualified as a ‘principle ruling’ the Højesteret (highest jurisdiction) confirmed that the two members of the ‘yellow’ union Fagforeningen Danmark (member of Det Faglige hus), employed in DS Smith Packaging Denmark A/S did not have the right, during their sick leave, to be paid any especially high salary bonus as agreed in the collective agreement that had been signed by the 3F and HK unions for their own members.
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