Money from the institute fund for teachers, the union can ask the school for documents. Sentence text

Some provisions of the National Agreement for the Education and Research Sector 2018 allow for the recognition of the legitimacy of the trade union to exercise access to the documentation regarding the ancillary financial treatment of teachers, while the elements required under Art. 22, c. 1, let. c) of l. 241/1990. This was established by the Regional Administrative Court of Abruzzo (Section I, Sentence 26 May 2022, No. 208), recalling the ruling issued by the Council of State (Section VI, 20 July 2018, No. 4417) in the same way.

The request for access and the opposite refusal from DS

An association of teachers appealed to the Abruzzo TAR asking for the annulment of an administrative provision, sent as an attachment to the pec, by which a school principal had confirmed the denial of access following an application for access of 19/02/2021, which opposed themselves by means of pec. In particular, the plaintiff trade union had requested the headmaster, pursuant to Law 241/1990, also in order to safeguard the statutory interests and the legal area of ​​the teaching staff collectively understood, to have access to aggregated and separate documents:

  • the names of the teachers who in the 2019/20 academic year had received fees from the Institute’s Institute Fund (FIS);
  • the tasks relating to the institute’s supplementary fund individually assigned to each teacher and the correlative share of the FIS paid to each teacher for the performance of the tasks in question.

The right to information recognized by the CCNL

In accepting the complaint, with the resulting obligation for the administration, in the person of DS, to produce the documents requested by the requesting union within 30 days, the board explained that CCNL recognizes the unions’ right to information, e.g. as “Prerequisite for the proper exercise of trade union relations and related tools” (art. 5, c. 1, CCNL Education and Research Section 2018), which may relate to “all those matters for which the following articles provide for comparison or supplementary negotiation” (art. 5, c. 4 CCNL).

The 3 topics included in the supplementary negotiation

Among the topics covered by supplementary negotiation “at school and educational institution level”, there are:

  • the criteria for awarding the school fund’s resources;
  • the criteria for awarding ancillary remuneration, cf. art. 45, c. 1, Legislative Decree n. 165/2001 for teaching, training and ATA staff, including the share of resources in connection with the exchange between school work and resources in connection with national projects and community projects, possibly intended for staff remuneration;
  • the general criteria for determining the remuneration with a view to improving the staff, including those awarded to teaching staff in accordance with art. 1, § 127, in Act No. 107/2015; ” (art. 22 CCNL).

The legitimacy to exercise access

According to the board, the mentioned provisions make it possible to recognize the right of the applicant trade union to exercise access to the documentation relating to financial ancillary processing. In fact, they are elements required by art. 22, c. 1, let. c) of l. 241 of 1990:

  • a “direct, concrete and current interest”, verifying the agreement between what was agreed and what was paid,
  • a “legally protected matter and linked to the document in which access is sought” is constituted by the trade union’s right to information about the matters in which the collective agreement is being negotiated.

Scope of the right of access

On the basis of a precedent (Cons. St., section VI, 20 July 2018, n. 4417), regarding the profile regarding the extension of the right of access and the adequacy of the data provided, the board did not find it sufficient, in order to exercise the professional powers of verification, the documentation containing the data in aggregate or partially disaggregated form, stating that the data presented undoubtedly do not allow a timely and complete control of the destination of the amounts that make up the ancillary financial treatments, and that a partial and incomplete display of the data cannot be justified by the right to privacy of the persons involved. The Council of State had specified on the aforementioned occasion that the trade union has the right, by acquiring a copy, to gain knowledge of all documents (and the information contained therein) of the procedures for establishment, access, distribution and distribution of the amounts contained in the fund , without the need for any reduction of the mass of documents or of information contained in each document, as it is a participatory and not just cognitive access, if the knowledge is necessary to safeguard or defend one’s legal interests, i.e. the interests that the union carries both as an exponential body of registered workers and as a subject involved in the process of training and distribution of the foundation’s resources.

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