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Each school year, many questions arise and teachers ask themselves in relation to the union assemblies are different: rights, duties, maximum number of useful hours, effects on school hours and on the organization of teaching activities
In the first place, it is useful to clarify that the union assembly is a right of all workers (CCNQ 2017) who, after convening the union organizations or the RSU category, can meet at the workplace or in another suitable room. Deal with a pre-established agenda related to matters of union and labor interest.
The legislation that regulates the right of school personnel to participate in union assemblies is included in the national collective agreement of the school sector, where in article 23 paragraph 1 it is established that ” Employees have the right to participate, during working hours, in union meetings, in suitable premises at the workplace agreed with the public employer, no. 10 hours per capita each school year, without deduction of salary. “
What trade union organizations have the right to convene trade union assemblies?
Article 23, paragraph 3, answers the question and states:
“Meetings that involve all employees or groups of them are called with a specific agenda:
a) individually or jointly by one or more trade union organizations representing the sector in accordance with the CCNQ of December 4, 2017
b) by the RSU as a whole and not by the individual components, in accordance with the terms of article 4 of the CCNQ of December 4, 2017;
c) by RSU, together with one or more trade union organizations representing the sector in accordance with the CCNQ of December 4, 2017 “
How many union meetings can be held in the same school in a month?
Union assemblies can be called for different categories of school personnel and can be called for teachers only, ATA staff only, or all school workers collectively.
In each school and for each category of staff (ATA and teachers), no more than two assemblies can be held per month (paragraph 2 art.23 CCNL)
Therefore, the limit of two assemblies per month must be considered separately for the two categories of personnel, teaching and teaching on the one hand and ATA on the other, so that if the assemblies are called separately, two assemblies can be held. for teachers and educational staff and two for ATA staff
At what time can union meetings be called?
It is useful to clarify that union assemblies can be convened during working hours, outside working hours or during teaching activities (meetings, courses).
As for assemblies during school hours, the subject is governed by section 4 of article 23, where it is clarified that:
“The assemblies that coincide with the school schedule take place at the beginning or, as a general rule, at the end of the daily teaching activities of each school interested in the assembly. ATA staff meetings may take place at times that do not coincide with faculty meetings, including intermediate school service hours.. “
In addition, the provisions of paragraph 10 are of fundamental importance in relation to the prohibition of holding trade union meetings during hours concurrent with conducting examinations and final votes.
How long can each union meeting last?
As indicated in paragraph 6 of art. 2. 3 “Each assembly can have a maximum duration of 2 hours if it is held at the level of a single school or educational institution within the same municipality. The maximum duration of the territorial assemblies is defined in the regional complementary negotiation, in order to take into account the time necessary to arrive at the meeting place and return to the workplace, always within the limits referred to in paragraph 1 “
How should a union assembly be convened?
The procedure to be followed to call a union meeting is explained in paragraph 7 of article 23:
“The summons of the assembly, the duration, the venue and the possible participation of external union leaders are announced by the promoters of the union at least 6 days in advance, by means of written communication, phonogram, fax or email, to the school leaders from schools or educational institutions interested in the assembly.
The communication must be pasted, the same day it is received, on the notice board of the school or educational institution in question, including the independent sections or branches. Communication must be combined with the agenda. In the next forty-eight hours, the other union bodies, whenever they have the right, may present a request for a meeting for the same date and time, agreeing on a single joint meeting or, within the limits allowed by the availability of premises, separate meetings . The definitive communication relative to the assembly -or assemblies- referred to in this paragraph must be placed in the registry of the elected institution within the aforementioned period of forty-eight hours, notifying the other offices.“
How are school personnel informed of the convening of a union meeting?
The answer is found in paragraph 8 where it is stated that “Simultaneously with the enrollment in the register, the school director will notify the staff interested in the assembly by means of an internal circular, in order to collect the individual declaration of participation expressed in written form from the staff on duty during the assembly time. , 48 hours in advance from the date of the meeting. This declaration is valid for the calculation of individual hours and is irrevocable.. “
Generally, in this circular, the school principal establishes a deadline within which teachers must submit the request. The period is not prescribed by law, but chosen by the management, which is deemed appropriate to allow the organization of the schedule for that day.
The personnel in service must communicate their willingness to join the secretariat of their institution in the terms established by the director of the center and specified in the circular.
Can the teacher who formally adheres later revoke his adhesion?
No, the declaration of adherence submitted by the teacher is used for the calculation of individual hours and as specified in paragraph 8, it is irrevocable.
The declaration is irrevocable because the families have been notified of any change in schedule or early departure from the classes involved.
Who can participate in the union assembly?
All school personnel without distinction, including temporary substitutes, have the right to participate in union meetings during working hours for up to 10 hours per school year, maintaining the right to remuneration.
Is it possible to change the class schedule on the day of the union assembly?
The answer is affirmative, the Director can arrange changes in the annual service hours due to supervening circumstances, contingencies that require it; in this case, the right of both the teacher who participates in the assembly and the teacher who does not adhere must be protected.
According to paragraph 9 of article 23, it is possible to anticipate the early departure of the classes in which the teachers have joined the assembly, informing the interested families:
“Director:
a) For assemblies in which teachers also participate, suspend the teaching activities of the classes, or kindergarten sections only, whose teachers have expressed their participation in the assembly, informing interested families and managing adaptations to schedule , only for the hours coinciding with those of the meeting, of the personnel who provide the usual service;
b) For meetings in which ATA personnel also participate, if the participation is total, it will establish, with institutional negotiation, the quota and the names of the personnel required to ensure essential services related to the surveillance of access to the school , and other irrevocable activities coinciding with the union assembly. “
Do the professors who have joined the union assembly have to present documentation proving their participation?
The answer is no. Teachers are not obliged to present any documentation, in fact there is no longer the obligation to verify the presence of teachers in the assembly, since art. 11 of Presidential Decree 395/88 that asked the school principals to ensure the participation of teachers in the assembly.
How is 10 hours calculated?
The individual schedules and the maximum duration of each assembly, established by the CCNL, refer to the hour of 60 minutes, and not to the duration, in each school, of the hourly lesson.
Clearly each teacher will have to count the hours of lessons not done regardless of the duration of the assembly. If, for example, a teacher who adheres to a union meeting of two hours “loses” only one hour of lesson in the count, he will have to consider only this hour and not the two in general relative to the duration of the assembly.
How should a teacher working in a COE count the hours?
The count remains unchanged and follows the same valid criteria for a teacher working in a COI. The legislation, in fact, speaks of “n. 10 hours per capita in each school year ”and this regardless of whether you work in one school or in several schools.
Then the total hours are counted, which is still 10 even if you work in two schools.
Time division is not foreseen in the case of a teacher who works in a COE, also because union assemblies are not convened by a single group, unless it is an internal assembly convened by the institute’s RSU.
For union meetings called in various municipalities, which one should I attend?
The union organization that calls an assembly usually calls a single assembly at the same time for all schools in the province or more assemblies for specific schools belonging to certain municipalities indicated in the call.
The teacher in question may choose to participate in the union assembly that concerns the municipality in which the school belongs or the municipality of residence.
It is usually recommended that the staff of the school where they attend participate in the duly convened union assembly, in order to avoid problems in the organization of the schedule and the relative management of the classes.
Should the teacher who attended the union assembly be replaced?
Based on paragraph 9 of article 23 of the CCNL, the Director suspends the teaching activities of the classes, or kindergarten sections only, whose teachers have declared that they participate in the assembly, informing the interested families and managing as much as possible . Schedule adjustments, only for schedules that coincide with those of assembly, of the personnel that provide regular service.
Therefore, the teacher who joins the union assembly should not be replaced.
On the other hand, it is correct that the schedule for that day be changed, as far as possible, for the personnel who have not joined, so as not to leave the classes “in the open”. In fact, it very often happens that during union assemblies an early departure of the students or an advance of the discipline of the last hours is authorized, to cover the hours of the colleague who participates in the assembly. But this is not a replacement, it is an adaptation of the school schedule to guarantee the right to education.
Does the teacher with hours of service that do not coincide with the assembly must also declare their adherence?
The answer is no. The teacher who is not on call during the assembly hours should not declare their adherence, even if they participate in the assembly, since their participation does not affect their hours of service, therefore in the classes and should not, therefore , reduce the hours. of the union assembly of the total number of 10-hour hours owed for the entire school year
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