Tolkningsföreträdet och arbetsledningsrätten - En balansgång mellan parternas tillfälliga bestämmanderätt

Sammanfattning: Disputes between employers and employee parties is a recurring phenomenon and which party´s opinion applies until the dispute is finally settled is of relevance and constitutes the purpose of this essay. The temporary authority of decision is known as preferential right of interpretation and this essay aims at clarifying its construction, sanctions, function and how it affects the employer´s management authority. If nothing else is stated in law or agreement or goes against good practice, the employer is free to take actions and decisions. Preferential right of interpretation enables the trade union, which the employer is bound to by collective agreement, to temporarily decide in disputes concerning co-determinations regulations and disciplinary actions, work obligation and salary or other remunerations. The employer can under some exceptions disregard this by claiming special reasons or unreasonableness. An interim decision can also be pleaded for. Sanctions can only be actualized when the party lacks reasonable ground for its opinion in the dispute. The essay has found that the employer´s management authority is encompassing and valid in all applicable matters if the employer is not bound by collective agreement with the trade union that wishes to exercise preferential right of interpretation. Moreover, the essay has found that the construction of preferential right of interpretation is to move the process burden from the employee party to the employer and that its sanctions are meant to enable its exercising while also acting as an outer border for how it can be exercised. The function of preferential right of interpretation has been found to limit the employer´s management authority, both materially and formally.