Trade union monopoly right to initiate and conduct a collective dispute  versus the constitutional right to collective bargaining

The problem of collective industrial disputes and, in particular the legal regulations in this respect, have always raised controversies in the literature that examines labour rights, mainly due to the seriousness of the issue. Among other things, the doubts are related to the legislator-guaranteed trade union monopoly power to initiate collective disputes as well as their right to sole representation of employees in a collective dispute. While emphasizing the necessity to allow for the essentially Polish reality of collective employment relations, the author attempts to answer the question whether these regulations are in correlation with the constitutional right to collective bargaining and to what extend they can be changed.

The problem of collective industrial disputes and, in particular the legal regulations in this respect, have always raised controversies in the literature that examines labour rights, mainly due to the seriousness of the issue. Among other things, the doubts are related to the legislator-guaranteed trade union monopoly power to initiate collective disputes as well as their right to sole representation of employees in a collective dispute. While emphasizing the necessity to allow for the essentially Polish reality of collective employment relations, the author attempts to answer the question whether these regulations are in correlation with the constitutional right to collective bargaining and to what extend they can be changed.