Public Employee Representation & Collective Bargaining
Public Employee Representation and Collective Bargaining
Dual Channel of Representation
Public employees have a dual channel of representation:
- Unitary Representation: Represents all employees regardless of union affiliation.
- Legal Representation: Represents employees through unions.
Union’s Role in Collective Bargaining
Only unions are entitled to be present at the negotiating table for collective bargaining in the civil service.
Connection Between Representation Channels
The two channels of representation are connected when determining which parties are entitled to be present in different negotiating groups.
General Committee and Negotiating Panels
The General Committee may constitute sectoral negotiating panels. If these panels are not formed, the group of staff represented in the sectoral bodies constitutes an electoral unit.
Principles of Negotiation in the General Committee
Two principles govern negotiation in the General Committee:
- Legality: Negotiations must comply with the law.
- Competence: The negotiating parties must have the authority to negotiate on the specific subject matter.
Negotiation at the Local Level
At the local level, the number of negotiable subjects may be limited because the local entity must have jurisdiction over the matter being negotiated. For example, local entities cannot determine the overall increase in salaries but can negotiate the application of that increase.
Legitimate and Valid Requirements for the Constitution of Negotiating Bodies
Legitimate Parties (Article 33.1 Evaluation Committee)
The negotiating table shall include representatives of the relevant public administration and the most representative trade unions at the state and Autonomous Community levels. Trade unions that obtained 10% or more representation in elections for staff delegates and meetings within the specific scope of the negotiating body’s constitution are also entitled to be present.
Valid Constitution (Article 35.1 Evaluation Committee)
Negotiating bodies are validly constituted when, in addition to representing the administration, the unions present represent at least an absolute majority of the members of the governing unit of representation in the area concerned.
Presence at the Negotiating Table Without Representation at City Hall
Labor organizations that are certified as most representative at the state or Autonomous Community level are entitled to be present at the negotiating table even without representation at the City Hall. Currently, CCOO and UGT are entitled to be present at any negotiation table listed in Article 34.1 Evaluation Committee.
Negotiation by the Local Police
The Local Police can negotiate their working conditions through two paths:
- Establishment of a Sectoral Committee (Article 34.4 Evaluation Committee): The Sectoral Committee negotiates matters delegated by the General Committee.
- Creation of a New Electoral Unit (Article 39.4 Evaluation Committee): This creates a new electoral unit with a General Negotiating Table to negotiate matters listed in Article 37 Evaluation Committee.
Negotiation of Common Matters for Officials and Personnel
Trade union organizations present at the General Committee must also be present at the negotiating table for matters common to both officials and personnel. However, not all matters listed in Article 37 Evaluation Committee can be negotiated at this table. If the principles governing the negotiation of a matter differ according to the collective in question, negotiations must be conducted separately in the appropriate negotiating body.
Examples of Matters Negotiable in the Joint Negotiating Body
- Rules setting out general criteria for access.
- Rules setting out general criteria and mechanisms for performance evaluation.
- General criteria for social action.