Reinforcing Labor Caselaw: Recent Decisions Concerning Union, Strike, FDC

Abstract

This review on recent decisions reveals the will of the Arbitration Council in defending its precedents in three key areas of labor law, namely, the so-called most representative status of a trade union, the arbitrators’ order to strikers to return to work, and the issue concerning the length of fixed duration contracts. The Council never hesitates to refuse to consider interest-based claims if the union lacks that particular status; it is also quick to discontinue its proceedings should employees disobey its order to stop the strike. Concerning the fixed duration contracts, the well-known “two years and that’s it!” position has not changed. The quickest conclusion is that the Arbitration Council will not change its positions any time soon.

Keywords: Interest, most representative, strike, caselaw, FDC.