2023-09-07 04:01:16
The Social Court number 3 of Gijón has issued a sentence in which it sentences the union Corriente Sindical de Izquierdas (CSI) to pay 30,000 euros to a member for having violated their right to freedom of association by expelling them. The ruling annuls, in fact, the resolution by which the affiliate, an ArcelorMittal operator and member of the “La Clase Trabayadora” collective, was discharged from the union.
In the arguments of the sentence, against which there is still room for appeal, the judge points out that the man was expelled from the union “without its statutes providing for a disciplinary procedure.”
“The imposition of a sanction without provision of procedure or guarantees to that effect in the statutes cannot claim to be saved through a file that is announced as a guarantor, since it lacks any support of legitimacy, constituting ‘ad hoc’ the investigating body that is developing the procedure according to the instructions of the executive”, he adds.
Thus, the judicial resolution concludes that the expulsion, which is dated December 2022, lacks the “minimum democratic requirements” that must exist in any union association. The judge understands that the affected party has the right to compensation. The person affected initially requested 50,000 euros in compensation, but the magistrate finally reduced that amount in the sentence to 30,000 euros.
CSI may appeal the court ruling to a higher instance if it so decides.
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