The new laws that changed the representativity criteria already generated great disturbances and abuses.
In SC Electrocentrale Braila SA (energy sector company), there were two unions, the Sindicatul Liber Productie CET representing 50% + 1 workers (800 workers - as required by the new legislations) and the Sindicatul Liber Productie CET Braila, a National Trade Union Bloc (BNS) affiliate representing 400 workers.
Problems arose when the larger union, the representative one, according to the new legislation, negotiated the collective agreement. This agreement should apply to all workers. But in practice Sindicatul Liber Productie CET stated that only its members could benefit from certain provisions included in the collective agreement. The other workers, members of the Sindicatul Liber Productie CET Braila, would only benefit from the provisions included in the individual work agreement, unless the smaller union transfer to the account of the representative one 60% of the collected dues. BNS filed a complaint with the National Council for the Prevention of Discrimination. The decision was still pending by the end of the year.
In September 2011, a similar situation occurred in another power production unit, in the Craiova region. In a company with several subsidiaries in different locations, the Sindicatul Energetic Craiova, a union of just one subsidiary but with a larger number of members (820 members), negotiated the collective agreement at company level.
However, only the members of this union could benefit from the provisions (besides the salary rights). The workers members of the other union, the Sindicatul Independent CET Craiova, affiliated to a BNS federation (780 members) can not have the same benefits. Furthermore, the employer deducts from the salaries only the dues for the members of the representative union, even though they should retain it for all the unions, according to the collective agreement.