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HomeEconomyIllegal unions signed a collective agreement?

Illegal unions signed a collective agreement?

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Unauthorized unions establish a collective agreement?

This week, the Internal Control Service of the Airports of Montenegro (ACG) received a report requesting an investigation into the union activities of the presidents of the Podgorica and Tivat airport union organizations, Slobodan Martinović and Ljubiša Džudović. The executive director of the state-owned company, Roko Tolić, has been officially informed of this matter.

The report, which “Vijesti” has accessed, was filed collaboratively by the presidents of two other trade union organizations: the Independent ACG Union, led by Milivoje Dragićević, and the ACG Union, headed by Damjan Radulović.

The complaint asserts that the Podgorica and Tivat airport trade union organizations are not registered with the Ministry of Labor, that they are utilizing outdated procedural rules from JAT trade unions, that there has been no record of Martinović and Džudović’s re-elections in the past four years, and that the ministry lacks any statutes from these organizations, which is legally required. The allegations are substantiated by documentation, partially obtained through the Law on Free Access to Information from the Ministry of Economic Development.

The Independent ACG union was established in December of the previous year, and according to documents available to “Vijesti,” the Ministry of Labor, Employment, and Social Dialogue confirmed on January 9 that it had been registered as a Trade Union Organization, complying with all necessary documentation. Subsequently, this union also joined the Union of Independent Trade Unions (USS), of which the ACG union is a member, and they have signed a mutual action agreement.

Dragićević and Radulović have informed Tolić, Minister of Transport Maja Vukićević, and President of the ACG Board of Directors, Jelena Maraš, about their organizations’ joint initiatives. They have requested meetings to present an action plan aimed at achieving their established goals.

ACG also made a public announcement at the beginning of November last year about signing a new Collective Bargaining Agreement with Martinović and Džudović.

Meanwhile, the Government is expected to make a decision regarding the tender for the ACG concession, which will directly impact the company’s employees.

“Vijesti” is currently awaiting responses to inquiries directed towards Tolić, Martinović, and Džudović relating to the report submitted to the Internal Control Service.

Criminal charges are anticipated.

The report submitted to the Internal Control Service includes detailed information and several documents pertaining to the elections of Martinović and Džudović.

It is noted that in 2013, ACG transitioned from a public company to a joint-stock entity fully owned by the Government. Since 2020, the unions in question (the trade union organizations for Podgorica and Tivat) have been using procedural rules from the original JAT trade unions, which is legally indefensible and clearly signifies unlawful conduct by ACG employees.

According to the report, concerning the Statute of the Podgorica and Tivat union organizations, the competent ministry has found that it does not hold the Statute, since the rules governing the registration of trade union organizations stipulate that registration is contingent upon submitting an application along with the Statute and operational rules…

“We have received testimonies from various members of representative organizations who do not recall a re-election for the trade union president or all governing bodies over the last decade. This strengthens our argument that Martinović and Džudović should have submitted a decision on their re-elections if they were re-elected, which they failed to provide to the Ministry after 2020, as required by Article 5, paragraph 3 of the Regulation on the Registration of Trade Union Organizations…”, the report mentions.

The report also indicates that criminal proceedings will be initiated to determine accountability before the relevant institutions – Police Directorate, Special State Prosecutor’s Office, and others; as well as against anyone who permits further unlawful actions by the heads of these illegitimate unions.

Collaborative efforts

In an official statement submitted to “Vijesti,” Dragićević declared that the independent ACG trade union has decided to join the branch trade union representing transport activities of Montenegro at the USSCG, recognizing it as the legitimate national trade union headquarters, following a Cooperation Agreement with the ACG Trade Union, one of the founding members of the aforementioned branch union.

“We stress that this trade union association has led to an Action Plan aimed at implementing measures and actions to accomplish the objectives of the associated trade union organizations. This effort seeks to establish a robust trade union presence at ACG, capable of halting the long-standing decline of employee status and public interest issues. We firmly support Executive Director Roko Tolić in fostering social dialogue and creating a conducive environment for ACG’s operations. We welcome everyone who sincerely aims to advocate for the common good. Furthermore, we urge all ACG employees to verify their membership in the coming days, as our investigations have revealed that many are registered with representative unions operating illegally, prompting the associated trade union organization to take actions outlined in the Action Plan,” stated Dragićević.

The statement emphasizes that “the existing representative union has shown, through both action and inaction in recent times, to be a significant contributor to the current plight of ACG employees.”

In light of the ongoing issues, the trade union has filed a report with the Internal Control Service to curb the illegal activities of existing illegitimate unions, which falls squarely within the Service’s core competencies. The newly formed unified trade union organization will possess adequate authority, knowledge, and skills to advocate for change, within the legal framework, for the benefit of ACG employees who have faced neglect for years. Until now, the ACG Trade Union, led by authorized representative Damjan Radulović, has lacked the power to engage in systematic negotiations or to sign collective bargaining agreements in the institution,” the statement reads.

Drašković is also asked to assess the legitimacy of union representatives

Documentation obtained by “Vijesti” shows that Radulović has formally requested Vladan Drašković, who served as the acting director of ACG in August 2022, to assess the legitimacy of union representatives within the company.

“This is largely due to a continuous pattern of abusing union representation, where cases of false representation have surfaced during collective bargaining and other forms of social dialogue, with employees misrepresenting themselves as authorized union representatives when they were not,” the letter indicates, warning that these actions may lead into the realm of criminal liability.

Commitment to uphold lawful workers’ rights

The letter to Tolić, signed by Dragićević, states that the trade union organizations he and Radulović represent will not engage with the employer’s management structure and the Government regarding the current concession procedure and decision-making process.

“We assure you of our confidence in your leadership of the company, and we will exert our utmost efforts to implement the action plan designed to establish measures and actions to achieve the objectives of the NSACG and SACG. This is intended to promote social dialogue and create a favorable employee environment, in accordance with the law and for the common interest of employees, the employer, and the Government, whether regarding concessions or otherwise,” the letter asserts.

The plan includes submitting opinions on the concession to the ACG Board of Directors, relevant ministries, the President of the Government Commission for Concessions, parliamentary parties, and government leaders.

The union expressed gratitude to Tolić in a letter for inviting them to the meeting.

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