La gestione del dissenso collettivo. Contributo allo studio del principio di maggioranza nell’ordinamento intersindacale

[Machine translation] The principle of majority, the procedural transliteration of the law of nature of the strongest, has always exercised an inveterate attraction, originated from the fact that there is no other rule capable of composing human conflicts in an orderly manner. This is also the case in trade union law, where, however, although implicitly accepted in the process of building the erga omnes by art. 39, paragraph 4 of the Constitution, the rule of the greatest number is exposed to a contradiction with the pluralistic principle contained in paragraph 1 of the same article and, not surprisingly, is correlated, by the remaining two, to precise guarantees of associative democracy. At a historic moment in which the profound erosion of trade union representation and the related disintegration of the tools for managing collective dissent make it increasingly pressing to return to the debate on the implementation of art. 39, second part of the Constitution, it therefore seems urgent to verify whether the crystallization of the principle of majority, although already variously penetrated, in industrial relations, is it appropriate to trade union pluralism or is it not worth depriving it of its true essence of freedom. Whether the ontological value of a rational and democratic norm can really be attributed to the majority rule and what is the relationship between authority and individual are the questions to which an answer is provided in this dense and articulated work.