If the behavior is not existing it is not “anti-union behavior”
The Court of Napoli, with decree no. 10438 of May 20th, 2020, rejected the appeal pursuant to art. 28 Stat. Lav. proposed by a trade union against a telecommunications company represented by our law Firm.
The trade union complained an anti-union behavior by the company for not having hired a trade union leader, in the context of a change of tender and in application of the social clause provided for by the NCBA “Telecomunicazioni”.
Nevertheless, the Company hired the employee – even before the lawsuit – as a best favor condition and the employee, by signing of a settlement agreement, waived all claims relating to said social clause.
The court of Napoli, in rejecting the appeal, noted that the behavior of the company was not existing, which is “a condition for the action under article 28 St. Lav.”; in fact, the conduct has to be “persistent and suitable to producing lasting effects over time, both because of its intimidatory purpose and because of the resulting situation of uncertainty, which may cause a restriction or an obstacle of the execution of trade union activity”.
