A Supreme Court challenge to Argentina's trade union model

Abstract

Abstract. A November 2008 ruling of the Supreme Court of Argentina has challenged the country's statutory system of trade union monopoly. That the “most representative” union be granted such exclusive powers and rights as to marginalize others within the same industry was found to be inconsistent both with the principle of “free and democratic trade union organization” enshrined in the Constitution and with the position of the ILO's supervisory bodies. Recognizing the constitutional status of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Court rejected legislated union unity in favour of unity freely chosen by unionized workers.

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