Juglander Review
Mktvartvelo: New workers' union announced in Sachkhumi congress
Several union federations and industrial unions gathered last weekend in Sachkhumi, northeastern Mktvartvelo. The Extraordinary Labour Congress, as it was named, gathered hundreds of delegates from several working organizations. The Confederation of Professional Unions (MPKG), largest union in Mktvartvelo until the merger of National Labour Union (SEK) and Federation of Industrial Organizations Majority Group (SOP-UJ) to establish the All-Mktvartvelian Labour Union (SMSK) in 2020, contributed the largest number of delegates and representatives to the extraordinary congress.
A clear and overwhelming majority of the delegations agreed to sign a 61-point manifesto, in which they announced to merge into a new joint union organization, aimed to become the largest union in Mktvartvelo. The agreement would involve the dissolution of the MPKG, which was until today an umbrella organization of 14 industrial unions rather than a centralized organization, and the creation of an united organization under a common leadership. Only one of the industrial unions which formed part of MPKG, the Federation of Railway and Transport Union (RDTG) disagreed and will opt to establish a different organization by their own.
The new organization will be named as Confederation of Workers and Independent Professionals (MDPK), and it is estimated that it will have more than 4 million members. Lasha Losaberidze, who previously served as Deputy Chairman of the MPKG from 2012 to 2019, was appointed as General Secretary of the MDPK at least until the organization first congress.
Unlike the All-Mktvartvelian Labour Union (SMSK), which amended their plaftform two months ago embracing "the promotion of politicial equality, constitutionalism and secularism" as official ideology, the MDPK leadership and the Extraordinary Labour Congress established that they will remain a "non-partisan and apolitical organization". The MDPK also established that representatives in their Executive Committee and National Bureau (the most important executive bodies of the new organization) will not be allowed to stand as political candidates in national or local elections (the rule, however, will not apply for members of the Labour Council, a consultative body which is expected to be elected in their first congress).
It is not clear the impact the new organization may have, although supporters of the merger have argued that they are hopeful that it will improve the negotiation force of workers. About 21% of workers in Mktvartvelo belong to a trade union. Since the Basic Law of Financial and Labour Code, passed in 1954, the unions have generally avoided the use of strikes as economic and political weapons, as disputes are usually settled by arbitration. Large unions provide insurance service to their members, between other services. Around 51% of workers in Mktvartvelo are under collective bargaining coverage between unions and enterprises. Workplace representation takes place in the labour councils, with working elections in companies larger than 50 workers held once a year.
As a general rule, a civil litigation has to be preceded by a conciliation attempt before a arbitration authority, which generally appears to be well suited to conciliation, both because of the personal involvement of the parties and because of the fact that evidence is often based on documents and contracts (without the need for expert opinions or a long discovery phase). The conciliation hearing, at which the parties (with few exceptions) have to appear in person, must take place within two months of the date on which the application was received by the conciliation authority. If the parties fail to reach an agreement during the conciliation proceedings, the conciliation authority grants an "authorization to proceed", allowing the claimant to file the action in court within three months. Conciliation proceedings usually last between a few weeks and a few months. Only between that time, before a final legal rule is established, strikes are allowed under Mktvartvelo's labour legislation.
Legal scholars and political commentators have warned that an increasing competitiviness with highly concentrated membership around the two largest union may increase litigation and protests. However, a representative from the Business Ombudsman Bureau of Mktvartvelo's Chambers of Industry and Commerce (SSPBB), largest business organization in Mktvartvelo, attended the congress and declared that his organization hopes to find "common ground and good will" with the new organization.