School - MSW - Bargaining school - Advance information - protection under Art. 28, L. 300/1970 - Non-delivery of prospectuses - anti-union behavior - Remarks to the decree issued by the Court of Macerata, Section Labour, on 23 December 2009
1 - Background
1.1 - As part of union negotiations aimed at determining the criteria for the allocation of Fund resources by the school, the Cobas MSW, Professor XXXXXX, with communication April 14, 2009, asked the head teacher, Dr. XXXXXX, the delivery of "a comprehensible statement of additional funding on the 2007/2008 school year, providing names, type of activity, the hourly fee, the number of hours worked and total compensation."
The head teacher said the prospectus is not delivered on the ground (with a cryptic statement to say the least) non-existent due to legal impediments the protection of sensitive data (Legislative Decree 196/2003).
By letter of 22 May 2009, the provincial representative of the applicant union, Professor XXXXXX, called the DS and distrusted "to deliver to the RSU school a statement containing the names of persons who in ego. S. 2007/2008 have carried out additional paid the POF with the bottom of the school, activities and hours performed and remuneration paid as required by art. 7 of the National Collective Bargaining Agreement in force. "
The principal gave no response to the legitimate union demands above and yet the deadline for the conclusion of the negotiations the school had long passed.
The story was not an episode isolated and was symptomatic of how, until then, the DS had prevented the RSU (and in particular to Professor XXXXXX) any possibility of planning, monitoring and verification in order to manage the fund the school and, more generally, prevented the holding of a proper bargaining union activity.
fact, already with the previous decree was declared unconstitutional by the Court of Macerata the conduct of Professor. XXXXXX, lies in not having convened a meeting of the RSU COBAS for discussion and conclusion of the contract school.
Furthermore, in a completely arbitrary way, the principal arranged to assign duties paid from the fund, establishment without the necessary prior negotiation with the trade unions.
2 - Right
2.1 - Reference standards
The Statute of Workers, Art. 28, the opportunity for local organizations of national trade unions, to appeal to the court "if the employer engages in conduct designed to prevent or limit the exercise of freedom and trade union activity ...."
2.2 - References contractual
Article. 6, No. 2, Lett. b) g) of the Negotiable school division, published in suppl. ord. the Official Gazette 292 of December 17, 2008, provides that "are matters of information prior year [...] the plan of Overall resources for the additional payment, including the source of non-contractual "," all subjects of bargaining "[...].
The letters h), l) and m) provide that "are matters of bargaining [...] the procedures for the use of teaching staff in relation to educational programs and to plan activities and mode of use of personal Ata in relation to its plan of activities delivered by DSGA, felt the same staff ...", "the criteria for the allocation of Fund resources by the school and the allocation of additional compensations under Article. 45, paragraph 1, of Legislative Decree no. 165/2001, teachers, Ata and education, including fees related to projects of national and Community "and" criteria and procedures for the organization of work organization and the articulation of the teaching staff, educational and Ata, and the criteria for the identification of teaching staff , Ata to be used in education and paid employment with the school fund. "
Sub-paragraph 3, states that "the information [...] are provided during special meetings, together with the documents of reference."
Paragraph 4 states that "on matters which affect the orderly and timely start of the school year, all the procedures provided for in this article shall be completed on time by the Director General for regional issues affecting the organizational structure and, for others, in a timely manner to ensure the timely and effective start of classes. "
In paragraph 5, states that labor relations within the institution must be based on criteria of "fairness, cooperation and transparency".
Article 47 provides that the assignment of specific responsibilities to teaching staff, referred to in paragraph 1, lett. b) of that rule, "is made by the head teacher in accordance with rules, policies and fees established by the institute under contract the plan of activities. "
With specific reference to the Marche Region, art. 17, paragraph 6, of decentralized regional collective agreement of 19 December 2008, provides that "in order to allow trade unions the effective exercise of rights to subsequent information, [...] the head teacher is required to deliver to the RSU and the trade unions with title, summary schedules of the use of the fund of the school, with the names, activities, schedules and commitments for compensation. " Article. 12 provides that "the negotiations will conclude the school not later than November 30 of the school year."
2.3 – L’art. 47 CCNL comparto scuola prevede, oltre a quanto sopra, che gli incarichi specifici assegnati al personale ATA “comportano l’assunzione di responsabilità ulteriori…” e lo “… svolgimento di compiti di particolare responsabilità, rischio o disagio, necessari per la realizzazione del piano di offerta formativa…”; detti compiti rivestono particolare importanza, in quanto “legati all’assistenza alla persona, all’assistenza agli alunni diversamente abili e al pronto soccorso”.
Ciò giustifica ampiamente il penetrante controllo delle RSU, previsto dalla contrattazione collettiva, nella definizione delle modalità, dei criteri and salaries related to these tasks.
As required by the Articles. 6, paragraph 4, and 12 CCNL, CCDR, on 30 November 2008, the head teacher should have concluded the contract on the establishment of the positions in question, however, the school year comes to an end and the workers continued to hold the specific tasks without there being a formal transfer, let alone, was made possible in the proposed bargaining on the procedures for implementation, eligibility criteria and their salaries, it is clear the extreme compression of the Freedom of Association made from the DS, which is compounded by the importance and sensitivity of the matter. The staff of the Institute
ATA also place these delicate tasks, but substantial uncertainty and irregularity of the situation.
2.4 - The rationale of the provisions of art. 6 of the National Collective Bargaining Agreement, which, in addition to general references to cooperation, fairness and transparency in the system of industrial relations, requiring the delivery of the documentation relating to the RSU to the subjects of bargaining institution (confirmed by Articles duty. 17, paragraph 6, and CCDR 9, CII) is to put the RSU in a position to verify the correct and effective implementation of what was prepared in the previous year, and to ensure the changes to what is found to be poorly designed or implemented.
The failure to deliver the detailed tables, showing, for each worker, the functions performed, the hours allocated and the salaries received In school year 2007/2008, did not allow any verification RSU on the validity of the previously established and its effective implementation.
The decision not to deliver the reports in question prevented, or at least hindered the smooth running of the union negotiations.
3 - Decision
Welcoming the action brought by the provincial representative of Cobas, the judge declared the work of Macerata "of the anti-union conduct required by the Headmaster," ordered "the cessation of such conduct "and to enable access to documents and provide for the issuance of copies of statements required by the RSU, further, order the holding of solid waste for the delivery of such documentation.
More generally, ordered the DS to "activate the negotiation with the trade unions to manage the activities to be covered under contract to school."
The measure followed a few years a similar decree, issued by the judge of the work of Camerino, who, also on appeal by COBAS - Committees of the Basic school had punished the same conduct engaged in by a principal of an institution higher education site in the town of San Severino Marche.
Mr. Alberto Pylons
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