TRADE UNION REPRESENTATIVE

The author has analysed Article 93 of the Collective Agreement for State Civil Servants and Employees that makes disciplinary action against trade union representative in state administration impossible without prior consent of the union. This provision enables the union to prevent disciplinary actions even in the most serious cases of dereliction of duty. After the analysis of administrative and court practices, it is suggested to revise Article 93 so that the immunity from disciplinary actions is limited to acts committed in the line of union duties. There is a further condition stating that should such derelictions occur, they can only he exempt from disciplinary action if the incriminating offense has not resulted in a misdemeanour or a criminal procedure.