In the essay the Author addresses the delicate issue of the legitimacy of the union to declare a strike in essential public services. He highlight how, in this sector, the de facto trade union system has never caught on to the abnormal number of unions, often with little or no representation, which sometimes have a high detrimental power of service. On the other hand, the Author acknowledges that the current legislation does not provide for representation as the union’s legitimacy criterion to declare the strike and that, conversely, in the railway sector since 2015 there is a union agreement that recognizes the Rsu to decide by majority the strike declaration. The Author hopes for a legislative action that delegate to collective bargaining, as well as the identification of essential services, also the identification of legal subject entitled to proclaim the strike and that recognizes to the guarantee Commission an effective control of representativeness of trade union identified by parties.
Keywords: Trade union representativeness; Legitimacy to take over a conflict; Strike; Essential public services.