Italy: after a 9th legal victory over the application of the metal CCN born from the separate 2009 agreement, the Fiom puts appeals on hold in favor of bargaining

“This verdict, combined with that of Turin, shows that separate agreements add problems rather than solving them.”  This is how the Fiom-CGIL presented the verdict by the court of Modena on April 22nd, accepting its appeal against seven companies in the province.  Labor judge Carla Ponterio sentenced Emmegi, Maserati, Rossi, Glem Gas, Ferrari, Case New Holland and Titan for antiunion behavior because they implemented the separate agreement of October 15, 2009 signed by Federmeccanica, Fim and Uilm for Fiom members and non union members, and for asking for an extraordinary €30 contribution for the Fim and Uilm for this agreement, without informing them that the 2008 CCN was still valid.  The judge also recognized the “in pejus” character of some standards of the 2009 separate agreement (on part-time work and on the possibility to derogate from the CCN with a CCL) and notably the possibility to anticipate their implementation with a company agreement.  Thus, the court ordered the application of the 2008 CCN to all Fiom members and non union members who, “after comprehensive information,” don’t agree with the 2009 CCN.
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ent, without informing them that the 2008 CCN was still valid. The judge also recognized the “in pejus” character of some standards of the 2009 separate agreement (on part-time work and on the possibility to derogate from the CCN with a CCL) and notably the possibility to anticipate their implementation with a company agreement. Thus, the court ordered the application of the 2008 CCN to all Fiom members and non union members who, “after comprehensive information,” don’t agree with the 2009 CC

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