ll contributo è stato sottoposto a peer-review anonima da un revisore selezionato dalla Direzione della collana. Ricevuto il 25/05/2023; accettato il 09/06/2023; pubblicato il 12/06/2023

Premise a historical reconstruction of the applicability of the special provision of art. 28, l. n. 300/1970, to the repression of the anti-union conduct put in place by the public employer, the article aims to highlight the fundamental value of the law from a procedural and substantive point of view. In fact, it regulates and corrects the system of union relations, balances the relationship between the opposing forces even in a sector, such as that of the public sector, which suffers from a specialty of context, discipline and goals. The case study, relating to the question on the nature and role of the negotiating agent of supplementary bargaining in the public sector and on the exact reconstruction of the rules of the game of the negotiation process, shows the creative force of new or implicit trade union rights of the art. 28.