Lo scritto è destinato agli Studi in onore di Mario Rusciano.

Once again Costitutional Court has been called to judge whether art. 19, L. 300/1970, is respectful  of Constitution's principles. The application of that article in a context of disagreement among the main trade Unions has shown a paradox: the most representative organisation of metallurgic workers is not entitled to have a representation at company level since it has decided not to signe the collective  agreement. This paper tries to advance arguments in favour of the idea of supervened incompatibility of art. 19 with equality and trade-union freedom principles.