Some provisions of the National Collective Agreement for the Education and Research Sector 2018 allow the recognition of the legitimacy of the trade union to exercise access to the documentation on the accessory economic treatment of teachers, while the elements required by Art. 22, c. 1, last. c) of l. 241/1990. This was said by the regional administrative court for Abruzzo, (section I, sentence 26 May 2022, n. 208), recalling the judgment of the Council of State (section VI, 20 July 2018, n. 4417) in the same way case in point .
The request for access and the opposite denial of the DS
A federation of teachers appealed to the Abruzzo TAR to request the cancellation of an administrative provision, sent as an attachment to the PEC, with which a school manager confirmed the denial of access following a request for access dated 19/02/2021 against the means. of the pec. In particular, the candidate union organization requested the director, according to law 241/1990, also to protect the legal interests and the legal sphere of the teaching staff collectively understood, access to aggregated and disaggregated documents:
- the names of the teachers who received fees from the institute fund (FIS) of the institute in the academic year 2019/20;
- the tasks related to the supplementary fund of the institute individually to each teacher and the correlative share of the FIS paid to each teacher for the performance of the relative tasks.
The right to information recognized by CCNL
In accepting the appeal, with the consequent obligation of the administration, in the person of the DS, to disclose the documents requested by the trade union within 30 days, the council declared that the CCNL recognized the right to information to the trade unions, eg as “prerequisite for the proper exercise of trade union relations and related trades” (Art. 5, c. 1, CCNL Education and Research Section 2018), which “concern all matters provided for in the following articles for comparison or addition” negotiate” (Art. 5, c. 4 CCNL).
The 3 subjects that are in the supplementary negotiations
Among the subjects that are subject to supplementary negotiations “at the level of the school and the educational institution” are:
- the criteria for the distribution of the resources of the school fund;
- the criteria for the distribution of accessory remuneration, according to Art. 45, c. 1, legislation n. 165/2001 to teachers, educational and ATA staff, including the share of resources related to the alternation of school work and resources related to national and community projects, possibly for the remuneration of staff thought;
- the general criteria for the determination of the remuneration aimed at the improvement of the staff, including those that are assigned to the teaching staff according to Art. 1, section 127, of law no. 107/2015; (Art. 22 CCNL).
The legitimacy to exercise access
According to the Board of Directors, the above-mentioned provisions make it possible to recognize the legitimacy of the candidature trade union to exercise access to the documentation regarding economic ancillary treatments. In fact, the elements are required by art. 22, c. 1, last. c) of l. 241 of 1990:
- a “direct, concrete and present interest”, that of verifying the congruence between what was contracted and paid,
- a “situation legally protected and linked to the document to which access is requested”, consists of the trade union’s right to information about the issues in which collective bargaining takes place.
The extent of the right of access
On the basis of a precedent (Cons. St., Section VI, July 20, 2018, n. 4417), regarding the profile regarding the expansion of the right of access and the adequacy of the data, the council did not consider it sufficient. , for the exercise of the trade union prerogatives of verification, the documentation containing the data in aggregated or partially disaggregated form, specifying that without a doubt the data provided do not constitute a timely and complete control over the destination of the amounts, which constitute the accessory economic treatments. , and that a partial and incomplete display of the data cannot be justified in terms of the privacy rights of the subjects concerned. On the above occasion, the State Council made it clear that the trade union has the right to obtain a copy of all the documents (and the information contained therein) of the procedures for the formation, access, distribution and To know distribution. of the sums contained in the fund, without reducing the documentary mass or the information in each document, because it is a participatory and not only cognitive access, the knowledge of which is necessary to take care of its legal interests or to defend. , ie the interests of which the union carries both as an exponential body of registered workers and as a subject involved in the process of training and the distribution of the resources of the institute fund.