The local government did not violate the right to collective bargaining with the unions by annulling improvements for the workers, since it had to guarantee budget stability
The Contentious Administrative Court 1 of Cartagena has endorsed the decision of the Local Government Board of the City Council to suspend, with effect from January 1, 2020, several precepts of the Labor Conditions Agreement and the Collective Agreement of the Consistory signed in 2019 The local corporation argued economic reasons, therefore, the controller warned of a risk of a budget gap of 15 million euros in the years 2020 and 2021 if there was no containment of personnel costs.
In a sentence issued on November 8, and against which the unions are studying and presenting an appeal, it rejects the appeal presented by the UGT unions, Workers’ Commissions, CSIF and SIME against the decision adopted by the municipal government team (formed by PP , Citizens and mayors not attached) on June 5, 2020 and other administrative acts. The unions hoped to unlock wage increases and other job improvements for some 1,300 municipal public employees.
The resolution, to which LA TRUTH has agreed, concludes that the Consistory “has respected the basic requirements arising from the Basic Statute of Public Employees: appreciation of the concurrence of a serious cause of public interest caused by the substantial alteration of the economic circumstances who presided over the signing of the Agreement and information to the trade union organizations of the determining causes of the suspension or modification». It adds that “the Law does not impose negotiation” and that “in short, one cannot speak of a violation of the right to collective bargaining since it is the Law itself that authorizes the exercise of the exceptional power to suspend or modify agreements and agreements”.
Specifically, the local Administration “has acted in accordance with the legal provision contained in the indicated precept, since there are unforeseeable and unexpected economic circumstances that justify the suspension of the application of the clauses of the Agreements outlined, for reasons of public interest”.
Legal obligation
The resolution explains that the local government, which then had Ana Belén Castejón as mayor (whose government, then of the PSOE, signed the pact with the unions in April 2019) proposed “to suspend from January 2020 the application of the precepts of content and economic significance, on the occasion of the entry into force of the new agreement on working conditions for civil servants and collective agreement for labor personnel. It was done “maintaining the existing regulation in the previous agreement and agreement, and this in order to avoid having to adopt a financial economic plan for the 2020 financial year in the event of non-compliance with the obligatory budgetary stability.”
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