SIMA's experience in procedures related to legitimacy and representativeness in collective bargaining (2012-2021)

Abstract

In a generally effective collective bargaining model such as the Spanish one, who negotiates from among the possible stakeholders in the negotiation, in what area and the percentage of representation held by business and union organizations are aspects of vital importance for negotiators.

The work addresses the difficulties of the negotiators of collective agreements and other institutions in the constitution of the negotiation tables and during the governance of the agreement, through the analysis of the 283 procedures related to the legitimacy and representativeness that were processed in the SIMA in the last decade. The paper also analyzes the causes of the discrepancy, both legal and extralegal, and the content of the mediation agreements and arbitration awards issued.