Union dues. In the first days of March – the month in which most labor unions collected the union dues –, an avalanche of injunctive decisions compelling the collection of dues by companies was obtained by labor entities. Now, the higher courts are beginning to demonstrate how they should analyze the decisions. After the decision obtained by Riachuelo at the TRT6 (Pernambuco), suspending the collection, the Superior Labor Court is beginning to render its first decisions.
This news, from the website Focus.jor, highlights that the Inspector-General of Labor Justice (Corregedor-Geral da Justiça do Trabalho), Justice João Batista Brito Pereira, suspended the injunction obtained by the Union of Land-Based Employees in Waterway Transport and Port Operators of the State of São Paulo, which compelled the companies Aliança Navegação e Logística Ltda. and Hamburg Sud Brasil Ltda. to collect the union dues and pass them on to the labor unions. The decision had been granted at the first instance and endorsed at the second instance.
“It should be noted that the immediate compliance with the order to collect the union dues of all employees in an anticipatory-relief decision constitutes harm that is difficult to repair, inasmuch as it imposes the disbursement of a substantial sum, without any guarantee having been established should the claim, at the end of the proceeding, after exhaustive cognition, be ruled not well-founded,” the justice states.
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Union dues – pass-through suspended
The president of the Superior Labor Court (TST), João Batista Brito Pereira, suspended an injunction that compelled the companies Aliança Navegação e Logística and Hamburg Süd Brasil to collect the union dues of employees – which ceased to be mandatory with the labor reform (Law No. 13,467, of 2017). The decision was rendered in a remedy known as a partial corregedoria (correição parcial). The mechanism is used to request the correction of errors from the Inspector-General. In his absence, the request was analyzed by the president of the superior court. (Source: Valor)
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