NATIONAL UNIVERSITY

Decree No. 1007/1995

Apply measures to enable the establishment of the Negotiating Commission for the Teaching Sector and the formation of the Non-Teaching Negotiating Commission at the general and particular levels, in accordance with article 19 of Act No. 24.447.

Bs. As., 7/7/95

Article 19 of Law No. 24.447 and Laws No. 23.929 and 24.185, and

CONSIDERING:

That article 19 of Act No. 24.447 established procedural guidelines for collective bargaining at the Naiconal Universities.

That this rule was sanctioned by the legislator in order to adapt the existing legal regime in the field of collective bargaining (Law No. 23.929 for the teaching sector and Law No. 24.185 for the staff of the Public Administration) to the characteristics of the university sector.

The same states that the National Universities will assume the representation of the employer sector in the development of the collective negotiations provided by the Nros Laws. 23.929 and 24.1185, all prescriptions must be considered derogated from both regulatory bodies.
That the solution adopted by the legislator stems from our own legal order in which the Universities enjoy autonomy and autarchy.

That such a solution was constitutionally enshrined in the recent process of reforming our Magna Charter, through article 75, paragraph 19, which governs the principle of autonomy and autarchy of National Universities.

To attentive the particularities of each of the National Unviersities and the due respect for the principle of negotiation in minor units promoted by the National Government in the field of collective relations of work the HONORABLE CONGRESS OF THE NATION established in article 19 of Law No. 24.447, levels of negotiation that ensure harmonious coordination in the university system and safeguard the principles of academic autonomy and national autarchy.

It is necessary to establish clear guidelines, in order to enable the constitution of the Negotiating Commission of the Teaching Sector of both levels and the formation of the Negotiating Commission of the Non-Teaching Sector of both levels.

In this regard, it is essential in the collective bargaining of the sector, the joint representation in the minor units, in accordance with the principles enshrined in article 6 of Law No. 24.185, of the trade union associations with national union membership with the first-degree unions corresponding to those areas of negotiation.

That in both levels of negotiation as well as in their respective personal areas they have considered the background of negotiations initiated within the scope of the MINISTERY OF WORK and SOCIAL SECURITY.

That for the purposes of the present decree, the views of all intrinsed sectors in general and of the NATIONAL INTERUNIVERSITARY COUNCIL have been consulted and sought, and that by Plenary Agreement No. 169/95 has designated for this purpose an Advisory Committee on the subject.

That the present is given by virtue of the powers conferred by article 99, paragraph 2 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Collective bargaining at the National Universities will take place in accordance with the provisions of art. 19 of Law 24,447 at two levels:

(a) General level.

(b) Special level.

Art. 2o - The Negotiating Commission of the Collective Agreement of the General Level will be integrated with the representation of the whole of the National Universities and the representation of the trade union sector in accordance with the current regulations.

The Negotiating Commissions of the particular levels shall be constituted with the representation of each university in accordance with what establishes the regulation of each university, and the representation of the trade union sector, which shall be integrated with the Trade Unions that integrate collective bargaining of general scope together with the first-degree union associations of greater representativeness of the particular level corresponding to their scope of action.

Art. 3o - The trade union party or any of the National Universities, through the competent bodies, may request the administrative authority to establish the Negotiating Commission at the general level of negotiation, in order to conclude the collective bargaining agreement, indicating in that request the representation it invests and the matter to negotiate. Received the same, the Ministry of Labour and Security SOCIAL, shall, by the time limit of TREINTA (30) days to the other party and, in the case of the National Universities, through the NATIONAL INTERUNIVERSITARY COUNCIL, to unify the personry and to constitute the representation of the employer party in the terms of article 19 of Law No. 24,447, under the notice of its constitution of office.

Art. 4o - MINISTERY OF WORK AND SECURITY SOCIAL may, at the founded request of the National Inter-university Council, extend by TREINTA (30) days the period established in article 3 of this decree.

Art. 5o - In the event of an ex officio constitution of the representation of the employer, the implementing authority shall designate parity, with sufficient powers to force the employer sector, in a number not less than the number of members and university representations that make up the executive committee of the NATIONAL INTERUNIVERSITARY COUNCIL. The designation of such parity by the implementing authority shall ensure the proper representation of universities with different budgetary credits, adopting criteria that guarantee in the negotiation process the safeguarding of the interests of all regions of the country.

Art. 6o - Any of the collective parties of the particular level may propose to the other, the constitution of the negotiating committee of the sector, in order to negotiate the matters covered by article 8 of the present decree. The Negotiating Commissions at the particular levels may only be formed once the business committee at the general level occurs. Negotiations at the general level may not begin, until all the negotiating committees at the particular level have been established that correspond to the university sector.

The party promoting the negotiation shall notify the other in writing of its willingness to negotiate with a copy to the Ministry of Labour and Security Social indicating:

(a) Representation you invised.

(b) The personal and territorial scope of the Collective Labour Convention to be held.

(c) Subjects to negotiation.

In the term of five (5) working days received the communication, the parties shall accompany the instruments that prove the representation invoked, appoint members to the negotiating committee and constitute domiciles.

Where there is no agreement on the formation of the representation of the employer sector or of the working sector, the implementing authority shall, for the period of thirty (30) days, in order for the negotiating committee of the general level to integrate it into the negotiating committee of the particular level. The term " MINISTERY OF WORK " AND SECURITY SOCIAL shall proceed to the constitution of the Negotiating Commission at that level of negotiation.

Art. 7o - The agreement on the unification of persons for the representation of the employer party, which the National Universities form for the negotiation of the general collective labour agreement, must obligatoryly establish what the subject matter that party will negotiate at the general level. To that end, it will be necessary to pronounce the authorities of the universities. Issues may not be included in the negotiation involving exceptions that do not have specific funding.

Art. 8o - At the particular level, collective parties may negotiate:

(a) Untreated subjects at the general level.

(b) Materials expressly referred at the general level.

(c) Materials that meet the specific needs and particularities of each recruitment unit.

Art. 9o - The subjects relating to the employment relationship of the agents of non-university educational establishments, which depend on the National Universities, shall be negotiated independently within the scope of each of the National Universities, with the limits resulting from Decrees No. 760 of 12 May 1994, for which purpose a Negotiating Commission shall be constituted in accordance with the guidelines set out in article 6 of the present decree.

Art. 10. - Any party may, once the Collective Labour Convention of the General Level or the Collective Labour Conventions of the Particular Level, submit the agreement to the MINISTERY of WORK and SOCIAL SECURITY, which shall bring it to the NATIONAL EXECUTIVE PODER for the purposes of the relevant administrative act.

The administrative act on the implementation of the conventions shall be issued by the NATIONAL EXECUTIVE PODER within the time limits provided for in article 11 of Act No. 23.929 and article 14 of Act No. 24. 185, according to teaching staff or non-teaching staff respectively.

Art. 11. - In the event of rejection of the agreement by the NATIONAL EJECTIVE MINISTERY, the MINISTERY OF WORK AND SECURITY SOCIAL should inform the parties of the comments deserving of the proposed text, and invite them to reconsider and modify the agreement, with a view to ensuring appropriate harmonization of interests. The parties may, in common agreement, adjust the convention or withdraw the application for instrumentation jointly or individually. This communication will suspend legal deadlines.

Art. 12. - Instrumentate the agreement, or expired the legally prescribed deadlines without any express act, the full text of the agreement will be forwarded by either party to the MINISTERY OF WORK AND SECURITY SOCIAL, for registration and publication, which must be fulfilled within the CINCO (5) working days of receipt.

The agreement shall be governed formally from the day after the date of its publication or, in the absence of the deadline set for the publication, and shall apply to all staff covered.

The aspects not expressly regulated by the agreement shall be governed by the existing rules.

Art. 13. - The salary increments of the teaching and non-teaching staff of the National Universities shall be funded by the resources allocated by the National Administration budget for the appropriate year. The agreed increases will not be able to generate automatic obligations to serve in subsequent periods.

The resources corresponding to each university, under collective bargaining at the general level, shall not be computed for the purposes of the third paragraph of article 19 of Act No. 24.447.

Art. 14. - The Negotiating Commission at the general level shall elect a commission of interpretation of conventions which shall have as an attribute the interpretation, with general and binding scope of the clauses of the collective agreements held in the sector. The collective parts of the general level shall regulate their composition and establish the operating guidelines of the commission, with the necessary approval of each university.

In the event that the Negotiating Commissions of the particular level agree in their respective negotiating units the creation of interpretation commissions for the particular conventions, they may go to the Committee on the Interpretation of Conventions provided for in this article as a review body.

Art. 15. - Under article 19 of Act No. 24,447, the Ministry of Labour and Security SOCIAL, as an implementing authority, shall constitute the Negotiating Commissions of the sector in accordance with the provisions resulting from this decree, irrespective of what other public sector or other educational standards establish, in order to give effect to the decentralized negotiation process and the right to collectively negotiate of the trade union associations of the sector.

Art. 16. - Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Jorge A. Rodriguez. José A. Caro Figueroa. - Domingo F. Cavallo.