“By a real and democratic union representation in collective bargaining in Public Administrations ”. Under this motto, representatives of different professional and sectoral union organizations, among which is the State Confederation Medical Unions (CESM) and the Nursing Union (Satse), have presented this Thursday the EBEP 36.3 platform. An association that was born in 2019 to achieve this main objective and end the “Union oligopoly” existing due to an “erroneous” and “restrictive” interpretation of the Basic Statute of the Public Employee (EBEP), specifically of article 36.3 of the same.
According to the spokesperson of the Platform, Jesus Santos, as a result of the judgment of the Supreme Court (TS) of March 2018, this “erroneous” interpretation of the EBEP, “Interesting for the majority unions” – UGT, CCOO and CSIF – at the time of the constitution of negotiation tables in public administrations it has caused the “Systematic exclusion” from the participation of these organizations. “This reality hinders the union action of professional organizations, the majority in some public administrations, leading to the disappearance, in the short or medium term, of the current independent union fabric given the limitation of organs of expression, “Santos remarked.
For this reason, at the event, the need to modify article 36.3 of the EBEP in order to guarantee the right to form part of the common negotiating table for the officials and workers of the trade union organizations with “effective” representation. In this way, the union organizations that have obtained 10 percent of all elected representatives elected from the set of civil servant, statutory and labor personnel bodies of the corresponding public administration.
Legal study to address the EBEP “mismatch”
For this, the platform has commissioned a legal study, commissioned from the University of Valencia and issued by Roqueta remedies, Professor in Labor Law. A study with which, according to the professor, the “maladjustment” e “inappropriateness” to the foundation and substance of EBEP in this regard.
In Roqueta’s words, the Supreme Court has made clear in repeated judgments that the minimum percentage of representativeness to be in the Negotiating Tables common to officials, labor and statutory, It will be 10 percent for those unions that do not hold the most representative status at the state or regional level.
“The latest judgments of the Supreme Court undermine the right to negotiate provided for in article 7.2 of the Organic Law on Freedom of Association, by requiring that 10 percent of representation separately for officials and for workers, instead of 10 percent joint representativeness provided for in said article, “he explained, adding that the interpretation made by the judges impairs the right to collective bargaining.
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