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Date: May 29, 2019
Posted by: CPDMA Team

Carmen Lúcia overturns TRT4 ruling that allowed mandatory union discount

The Minister reaffirmed the understanding of the STF, which established that the contribution must be voluntary.

Minister Cármen Lúcia, of the Federal Supreme Court (STF), ordered the suspension of a ruling by the Regional Labor Court of the 4th Region (TRT4) that determined the deduction of union dues to all workers at a metallurgical plant.

The minister acknowledged that the court's decision goes against what was decided by the STF in June last year, when the Court declared the optional union dues to be constitutional, one of the most sensitive points of the labor reform.

In the preliminary decision, the minister reaffirms the court's understanding and determines that the effects of the ruling be declared null and void, so that the union contribution becomes voluntary.

Cármen Lúcia bases her decision on the judgment of the Direct Action of Unconstitutionality 5794, in which the STF declared valid the articles of the CLT inserted by Law 13.467/2017 (labor reform) that ended mandatory union dues.

The minister reinforced that the Supreme Court established that prior and express authorization is required from those who participate in a professional category, so that the discount of the union contribution can be carried out.

The case reached the Supreme Court through a complaint filed by the company Aeromatriz Indústria de Matriz, from Caxias do Sul (RS). In 2018, the Union of Workers in the Metallurgical, Mechanical and Electrical Material Industries of Caxias do Sul filed a public civil action in the 5th Labor Court of the city against the company, so that the obligation of union contribution of all employees was recognized. The request was denied, so the union appealed.

On appeal, the TRT4 determined that the union discount for all employees was valid, recognizing the effectiveness of an authorization given by the category at a class meeting.

As it understands that the decision of TRT4 is contrary to the understanding of the Supreme Court, the company filed a complaint. The appeal was filed in May 2019 by lawyer Renata Meneghi, from Durval Balen, Ferreira & De Meneghi Advocacia, and was successful: the STF reaffirmed the court's understanding since last year.

The validity of the end of mandatory union dues was the first amendment of the labor reform to be judged by the STF. However, there are dozens of lawsuits in court questioning various provisions of the new law that are still awaiting judgment. This Wednesday (29/5), the court must judge the constitutionality of the provisions that allowed pregnant and lactating women to work in unhealthy activities of minimum and medium degrees.

Source: Hyndara Freitas via Valor Econômico.

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