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Requirement Of Greater Representativeness' Of Basic Nazionaledelle Confederations And Trade Unions In Order Diregolare Evenly Labor Relations In The Public Sector Ofwhich The Law 29 March 1983, N. 93 And For The Composition ...

Original Language Title: Requisito della maggiore rappresentativita' su base nazionaledelle confederazioni e delle organizzazioni sindacali al fine diregolare uniformemente le relazioni sindacali nel pubblico impiego dicui alla legge 29 marzo 1983, n. 93 e per la composizione ...

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To all the ministries - Cabinet For companies and administrations of an autonomous State Ai presidents of public bodies not included in the economic sector in art. 3 of the Decree of the President of the Republic n. 68, 1986 (by means of supervising Ministries and national bodies of orders and professional colleges) For the Presidents of the research institutions and experimentation included in the segment of art. 7 of the Decree of the President of the Republic n. 68, 1986 (by means of supervising Ministries) For the presidents of regional governments and autonomous provinces reached Consortia for industrial development zones (through the FICEI) At united 'local health (through the regions) may be communities of hospitalization and scientific attention (through the regions) for the experimental zooprophylactic institutions (through the regions) for the common (through the prefects) the provinces (through the prefects) at community 'mountain (for by prefects) At chambers of commerce, industry and crafts (through Unioncamere) At autonomous institutes for public housing (through dell'ANIACAP) UPI ANCI UNCEM All 'Unioncamere All'ANIACAP the Italian Federation consortia and industrialization bodies at confederations and trade unions operating in the public sector employment and, for information: to the Presidency of the Council of Ministers general Secretariat and legal Department of legislative coordination Department for regional Affairs and the institutional problems Ai commissioners Government in the regions with ordinary statute Al Commissioner of the State in the Sicilian region to the representative of the Government in Sardinia at the Commissioner of the Government in the Friuli-Venezia Giulia region the President of the coordinating Committee in the Valle d'Aosta region at the Government Commissioner in the province of Trento At the Government Commissioner in Bolzano province Ai prefects of the Republic (through the Ministry of interior) INTRODUCTION the Council of State with 901/90 numbers decisions, 946/90, 947/90 and 948/90, all adopted on May 29, 1990 as a result of the application for appeal presented by the Presidency of the Council of Ministers against many decisions of the Lazio Regional Administrative Court handed down as a result of appeals instituted by various trade union organizations, it confirmed the legitimacy 'is art. 8 of the decree of the President of the Republic August 23, 1988, n. 395, and both of Directive-circular no. 24518 / 8.93.5 of 28 October 1988 in so far as the same has identified the minimum proportions referred to the proxies, the votes and the geographical distribution of trade union organizations, such as the qualification requirements of the criteria established by the said Article. 8 of the decree of the President of the Republic n. 395/88 to ascertain the greater representativeness' union. The State Council has, however, clarified that the assessment of consistency membership of trade unions must be made not only based on quantitative factors considered so far, but also according to qualitative elements related to the specificity 'and the professional relevance of the employees, when such specificity' are relevant in the context of sector bargaining which they are members. In essence, the administrative court criticized the new legislation introduced by those provisions for the purposes of the greater representativeness' union required by the framework law on civil servants - the Law of 29 March 1983 n. 93, only to the extent that not even provides for the qualitative element refers to specific occupational groups when such figures are particularly relevant and specificity 'within each sub-fund of collective bargaining contained in the Decree of the President of the Republic March 5, 1986, n . 68. In accordance 'with the above decisions that the Prime Minister's Office - Department of Public Service, with this Directive-circular, which replaces and repeals the earlier directives-circular n. 24518 / 8.93.5 of 28 October 1988, n. 32529 / 8.93.5 of 21 April 1989, n. 42257 / 8.93.5 of 19 January 1990, n. 55533 / 8.93.5 of the September 19, 1990 and No. 56661 / 8.93.5 of the October 23, 1990, invites administrations in address to use the following guidelines for the assessment of the requirement of greater representativeness' on a national basis of the confederations and trade unions in order to determine the composition of union delegations for participation in training of the agreements referred to the law 29 March 1983, n. 93, and in order to uniformly regulate labor relations in the public sector in all the circumstances in which and 'required the identification of the requirement of greater representativeness' union. 1. The framework law on civil servants No. 93 of 1983. The framework law on civil servants March 29, 1983, n. 93, in addition to trading in art. 5 aimed at determining, composing and any changes in the collective bargaining sectors, covering the following three levels of bargaining for staff falling within its scope: intercompartimentale, which covers the totality 'of civil servants (art. 12); the segment (sub-funds are defined by the decree of the President of the Republic March 5, 1986, n. 68) (Articles 6 and following); decentralized, national and territorially delimited area (Art. 14). For each of the trading day above framework law n. 93/83 provides the following compositions of the "union delegation" for the determination, composition and any changes in collective bargaining sectors: the most representative trade union confederations at national level; to intercompartimentale level: the most representative trade union confederations on a national basis; at sector level: in addition the confederations mentioned above, the national trade union organizations most representative category in the segment; at decentralized level: over the confederations mentioned above, the most representative trade unions in the sector concerned. In each level of bargaining the "union delegation 'and' made up of confederations and organizations having a peculiar requirement of representativeness 'qualified stated in the terms of" greater representativeness' on a national basis. " For decentralized bargaining and 'also provided a lower degree of extension representative that allows the participation of the most representative trade unions in the sector concerned to such bargaining. The normative expression ( "greater representativeness ''), necessarily open and flexible, does not allow time to identify a sufficiently reliable distinction between qualified union protection associations and those that do not reach the position indicated by the legitimizing framework law n. 93/83. central importance are, therefore, in the system established by that law, the administration's discretionary powers required to implement the legislative process to a negotiated basis and the identification, therefore, the criteria or benchmarks for measurements of greater representativeness' that ensure the consistency of judgments, from the legislative rationale informs bargaining in the public sector, and that allow for the control. This 'as' reason for withholding opportunities 'making such a finding already' on the occasion of signing the agreement intercompartimentale for the 1988-90 triennium incorporated in the decree of the President of Republic August 23, 1988, n. 395, as well as 'need' that the Prime Minister's Office - Department of Public Service, as part of the orientation and coordination of art. 95 of the Constitution, pursuant to Law 23 August 1988, n. 400, and those specifically provided for in the area of ​​public employment by art. 27 of the framework law of 29 March 1983 n. 93 difinisca of times address rules to ensure uniform behavior in the assessment of the requirement of "greater representativeness ''. 2. Decree of the President of the Republic August 23, 1988, n. 395. In the application of related provisions of the framework law on civil servants March 29, 1983, n. 93, art. 8 of the aforementioned decree of the President of the Republic August 23, 1988, n. 395, indicated as reference criteria for the determination of the greater representativeness' at national level of the confederations and trade unions, the following elements: a) the membership consistency detected based on the powers granted to individual administrations by employees to latch input trade union contributions, assessed by their submission to the government of Prime Minister's Office - Department of public Service, and to the trade unions to which the powers refer, before the start of negotiations in art. 12 of the framework law of 29 March 1983 n. 93, and of the collective bargaining sectors of the decree of the President of the Republic March 5, 1986, n. 68; b) the received membership on the occasion of election of trade union members in administrative bodies provided for by law, made in the areas of the different compartments, or in conjunction with other elections for the establishment of the High Council of Public administration, or for the appointment of subjects who at different levels, also decentralized, being assigned representative and negotiating power to the agreements referred to by art. 14 of the Law of 29 March 1983 n. 93; c) dissemination and consistency of the organizational structures in the categorical and geographical areas of each trading segment designated on the basis of applying the criteria referred to in subparagraph a). These criteria appear to be the most 'reasonable in order to uniformly assess the requirement of "greater representativeness' union" in the context of labor relations in the public sector and with respect to the specific issue of collective bargaining always in the public sector, 'cause detectors of reliability' negotiating party's trade union. The criterion of membership consistency referred to in subparagraph a) jointly with that of diffusion and consistency of the organizational units referred to in subparagraph c) allow you to appreciate the so-called 'seriousness' of the union system, "that is, its roots among employees the civil service and thus its ability 'to be exponential, in a non-episodic, the organized collective interests. In reference to the criterion of membership consistency of union protection associations, it should also be stressed that the powers granted to the Administration by the employees for the deduction of trade union contributions are a tool of unquestionable objectivity 'and transparency in the collection of that consistency. The election of the accession criteria is justified by the fact - proven in recent trade union experiences - that membership of the assertive line of protection given by a trade union organization has no more 'as the exclusive channel to join a union itself. So that 'the electoral membership on the one hand expresses the actual approval received by the trade union also by non-members and the other supports the efficacy nonetheless General of the bargaining results. As regards the criterion of dissemination and consistency of the organizational structures, it corresponds to the need 'to nominate as interlocutors of a single national trade union associations that have a balanced negotiation on the national territory and not already' local instances of mere expressions. Such considerations, subject to the criterion of the diffusion and consistency of the organizational structures, highlight the autonomous valence and the specific flow rate of each of the other two criteria in the word, evaluating in this way, with the modalita 'indicated below, exhaustive for the purposes of 'identification of "greater representativeness'' next to the aforementioned territorial criterion or one connected to elective procedure and the methods of associative texture sensed according to the powers granted to the government by the employees for the deduction of trade union contributions. Within these limits and criteria it fits the administration's discretionary powers, which, as already 'mentioned, and' required to implement the legislative process to a negotiated basis. The above criteria imply that any data provided by the confederations and the trade unions regarding their organizational and associative texture are properly compared with the data for the purposes of this Directive-circular, public authorities are required to detect and communicate with mode 'in follows and that - taking into account their objective reliability' - will 'without regard to the mode' also in the mentioned below. 3. Mode 'assessment of the greater representativeness' union. a) Mode 'of a general nature. This 'being said - and pointed out that the use of the criteria mentioned above should be intended to allow the more' high degree of transparency in labor relations in the public sector and to admit to the negotiations for the definition of the agreements governed by the framework law n. 93/1983 confederations and trade union organizations, for each level of collective bargaining, and exponential are effectively representative of collective interests - are formulated following the valid rules to address the different levels of bargaining previously indicated: A) A level intercompartimentale and for determining, composition and changes in collective bargaining sectors are considered more representative on a national basis confederations in the national Council for economy and Labour and those for which and 'ascertained, with the modalities' described in the letter B ), the representativeness' qualified in at least two sectors of the trade unions affiliated to them. B) For each sub-fund of collective bargaining are regarded as the most representative at national level trade union organizations: 1) relative to the previous point a) of paragraph 2, have a number of members - resulting from the power for the withholding of trade union contributions paid to the government He included in the collective bargaining sectors of the decree of the President of the Republic n. 68/1986 - not less than five percent of the total powers expressed in each of these sectors; 2) relatively to the previous letter b) of paragraph 2, have obtained in elective procedures a voting quorum of at least five percent of the total number of voters for each fund, taking as a reference, in the main, the elections for the appointment of staff representatives in personnel committees, in the alternative, those concerning disciplinary committees and, in cases where previous case does not provide for elective procedure, elections regarding the appointment of staff representatives on the boards; 3) with respect to subparagraph c) of paragraph 2, have territorial structures in at least a third of the regions and provinces, with proper consistency measured the same way as the criterion referred to in point 1) of this paragraph. C) In the trade union delegation to the decentralized arrangements in art. 14 of the framework law of 29 March 1983 n. 93, they include, in addition to the most representative trade union confederations at national level as identified above, also the trade unions who are involved in decentralized, like the same criteria set out in paragraph B), points 1) and 2) of this paragraph , the greater representativeness' of the collective interests of the employees of those contracts. b) Ways' particular order. The address rules set out above concerning the scope of the interests represented exceptions are necessary in four cases: 1) for the returning staff in ' "medical area" of the fund of the National Health Service, by virtue of the express provisions of art. 6 of the Decree of the President of the Republic March 5, 1986, n. 68; 2) for the managers of the various organizations and public administrations included in the trading sectors in the aforementioned decree of the President of the Republic n. 68/1986, in view of their specific functional position and the subsequent exercise of administrative powers in relation to third parties and employees; 3) for employees of the administrations that, as part of collective bargaining the areas covered by Articles 4 and 5 of the aforementioned decree of the President of the Republic n. 68/1986, constitute specific sectoral aspects with absolute character peculiarities' within those sectors, such as to give to employees by the contracting authority a place of particular importance with respect to the staff of the listed sectors as a whole; 4) Personnel belonging to particular categories that have a specificity 'professional and a relevance that make them absolutely heterogeneous than the others included in the same segment of negotiation, no recognition, for this purpose, belonging to different functional qualifications and related professional profiles, since that joint and 'common to all public employees and therefore does not constitute impersonation element of the indicated specificity' and relevance. Such heterogeneity 'manifests, cumulatively, the following conditions: the peculiarities' of the functions attributed in relation to the purposes' priority own administration or body of each fund; in the "atypical" compared to the plan of the sector staff, recognized with legislation; in mode 'exclusive and permanent completion of performance, with corresponding differences in the particular duties and specific elements of the total pay than other employees in the sector, not attributable to ordinary forms of additional payment, such as allowances' and incentive compensation. In these areas: A) For the returning staff in ' "medical area" of the sector of the "National Health Service" are considered the most representative - as expected, in relation to' "medical area", in paragraphs 5, 6, 7, 8:09 art. 6 of the Decree of the President of the Republic March 5, 1986, n. 68 - confederations and the unions that represent only the categories of employees referred to in argument and assumptions that: I) as in a) of paragraph 2, have a number of members - resulting from proxies for the withholding of trade union contributions conferred on the authorities mentioned above - not less than six percent of the proxies altogether expressed by employees falling within the scope of '' medical area "; II) and the letter b) of paragraph 2, have obtained in elective procedures previously indicated a voting quorum of at least six percent of the total number of voters belonging to ' "medical area"; III) As to the letter c) of paragraph 2, have organizational structures in at least a third of the regions and provinces, with proper consistency measured the same way as the test contained in the aforementioned letter a) of paragraph 2. B) For the managerial staff are considered most representative - at the level of intercompartimentale bargaining and determination, composition and movements of funds with reference to the letter a) as well as' to the sector level bargaining and decentralized site - in addition to the confederations and trade union organizations which fulfill the criteria previously indicated, the confederations and the unions that represent only the employees of the categories referred to in argument and assumptions that: I) as in a) of paragraph 2, have a number of members - resulting from proxies to latch input union contributions paid to the authorities mentioned above - not less than six percent of the total delegation expressed by leaders of the government or public entities of each sub-fund of collective bargaining; II) and the letter b) of paragraph 2, have obtained in elective procedures previously indicated a quorum of votes equal to at least six per cent of the total number of voters belonging to the managers of each fund; III) As to the letter c) of paragraph 2, have organizational structures in at least a third of the regions and provinces, with proper consistency measured the same way as the test contained in the aforementioned letter a) of paragraph 2. C) For the employees from administrations, as part of the collective bargaining sectors referred to in articles 4 and 5 of decree of the President of the Republic March 5, 1986, n. 68, constitute specific sectoral aspects, with absolute character peculiarities' within those sectors, they are considered more representative - at the sector level bargaining - the unions that only represent the staff referred to in argument and assumptions that: I) as in a) of paragraph 2, have a number of members - resulting from proxies to latch input union contributions paid to the authorities mentioned above - not less: at six per cent of total delegations expressed by employees from the same aforementioned administrations when the total number of staff of each of the sectoral aspects in question is at least fifty percent of all the staff of the sector; to twelve percent of the total delegation expressed by employees from the aforementioned authorities, when the total number of staff of each of the sectoral aspects in question is between thirty percent and forty-nine and ninety-nine per cent of all staff of the sector; to twenty-four percent of the proxies altogether expressed by employees from the aforementioned authorities, when the total number of staff of each of the sectoral aspects in question is less than thirty per cent of all staff of the sector; II) and the letter b) of paragraph 2, have obtained in elective procedures previously indicated a quorum of votes not less: to six percent of the total number of employees referred to voters by the same authorities, when the total number of staff of each joint sector in question is at least fifty percent of all the staff of the sector; to twelve percent of the total number of employees voting by the above authorities, when the total number of staff of each of the sectoral aspects in question is between thirty percent and forty-nine and ninety-nine per cent of all staff of the sector; to twenty-four percent of the total number of employees voting by the above authorities, when the total number of staff of each of the sectoral aspects in question is less than thirty per cent of all staff of the sector; III) As to the letter c) of paragraph 2, have organizational structures in at least a third of the regions and provinces, with proper consistency measured the same way as the criterion referred to in subparagraph a) of paragraph 2. For the decentralized bargaining and in other circumstances , in which at the level of individual sectoral articulation in question and 'required the identification of EFFECTIVENESS' union representation, apply the directives referred to in subparagraph a) of this paragraph 3. D) personnel belonging to particular professional categories with known specificity ', relevance and heterogeneity' in the terms indicated above, are considered the most representative - at the sector level bargaining and decentralized branch - the unions that represent solely those categories of employees referred to in question assumptions and that:) as to the letter a) of paragraph 2, have a number of members - resulting from the power for the withholding of trade union contributions paid to the authorities mentioned above - not less: at six per cent of total delegations expressed by staff belonging to these categories for each fund collective bargaining or for each decentralized bargaining area, when the consistency of the same category at least equal to twelve percent of the whole of the sector workers, as the decentralized area affected; fifteen percent of the total delegation expressed by staff belonging to these categories for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is between six percent and eleven ninety-nine percent the whole of the sector workers, as the decentralized area affected; to thirty-five percent of the proxies altogether expressed by staff belonging to these categories for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is between three percent and five and ninety-nine per cent of all the sector workers, as the decentralized area affected; eighty percent of the total delegated He expressed by staff belonging to these categories for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is placed up to two and ninety-nine percent of all the sector workers, as one of the decentralized interested; II) and the letter b) of paragraph 2, have obtained in elective procedures previously indicated a voting quorum of not less than: six percent of the total number of voters belonging to the category with professionalism specifications' for each sub-fund of collective bargaining or each of decentralized bargaining area, when the consistency of the same category at least equal to twelve percent of the whole of the sector workers, as the decentralized area affected; fifteen percent of the total number of voters belonging to the category with professionalism 'specific for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is between six percent and eleven ninety nine percent of all the sector workers, as the decentralized area affected; to thirty-five percent of the total number of voters belonging to the category with professionalism 'specific for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is between three percent and five and ninety-nine percent of the whole of the sector workers, as the decentralized area affected; eighty percent of the total number of voters belonging to the category with specific professionalism 'for each sub-fund of collective bargaining or for each decentralized bargaining area, when the consistency of the same category is placed up to two and ninety-nine per cent of all staff of the sector, namely the decentralized area affected; III) As to the letter c) of paragraph 2, have organizational structures in at least one third of paragraph 2. regions and provinces, with proper consistency measured the same way as the criterion referred to in subparagraph a) * * * The establishment of a " minimum threshold "for finding EFFECTIVENESS 'of representativeness' union appear to respond in the most' reasonable target already 'reported the legislation in question to ensure the choice of union counterparts more' suitable treated as transparent criteria and that, not to frustrate that objective, it must be accompanied by quantitative and qualitative parameters. Moreover, the reference quantity and its numerical expression are inherent to the same legislative provisions - and the concept of greater representativeness '- well' (in the application of those) the provisions contained in the Decree of the President of the Republic August 23, 1988, n. 395, relating to the identification of criteria, which inevitably result in the identification of an arithmetic threshold. This identification requirement would still placed in the concrete phase of choice of union representatives, resulting, therefore, in situations of uncertainty, to which you want to work right through the early detection of "threshold." In concrete terms, the quantitative and qualitative parameters previously indicated - that correspond to existing practice in other European countries - combine in a balanced way the needs of the consistency and the union counterparts pluralism, allowing altresi 'wide dynamic parts and evolution the representation of interests, both for the compositions of the trade union delegations on the renewal of the union agreements in the public sector and in other circumstances in which and 'required the identification of EFFECTIVENESS' union representation, taking into account that those parameters are certainly objective references can also be used for the renewal of the composition of bodies with trade union presence, such as, for example, the High Council of public administration and, limited to public sector employment, the national Council of economy and Labour. It is in fact limits that apply to compose the delicate balance between the needs of participation (in this way fully satisfied), efficiency and good performance (that no prediction of these limits would be counter). For the same reasons it seems reasonable require "minimum thresholds more 'high' for trade unions which protect only the specific professional figures identified above in the medical area and the leadership. In fact, faced with the so 'special interest organizations is justified, without any violation of the equality principle, the demand for quantities of representativeness' particularly qualified indexes to offset the lower extension of the organized interests and natural greater organizational effectiveness. The same reason motivates a need for more 'high indices of representativeness' of trade unions of specific professional categories of employees and authorities referred to in paragraph 3 above), point b) of paragraph 3. These ratios must be definitely superior to indices established for the '' medical area "and the" leadership ", being able to understand in the case in question and sectorial collective interests of far too limited extension than those of '' medical area" and "leadership." It should be stressed that the '' medical area "class of the National Health Service and 'was established by law art. 6 of the Decree of the President of the Republic March 5, 1986, n. 68, on account of the recognized specificity 'within the sector predicted Activities' professional 'of medical and veterinary and of their responsibility' professional according to law ". Likewise you and 'proceeded to recognize a specificity' to managerial staff in view of their specific functional position and the subsequent exercise of administrative powers in relation to third parties and employees. With regard then to the employees of the administrations that are sector specific joints, with absolute character peculiarities', as part of the collective bargaining sectors referred to in Articles 4 and 5 of Decree of the President of the Republic March 5, 1986, n. 68, and 'taking into account the specificity' organizzatoria, functional and institutional authorities of the above with reference to the purposes 'and of the tasks pursued by the generality' of the administrations included in sectors considered; specificity 'organizzatoria, functional and institutional giving to employees by contracting authorities placed a very special compared to the staff of the listed sectors as a whole. Finally, as it regards the specific professional categories, as' already 'mentioned, and' taking into account the fact that these categories are still ricompreso respect to the total of the personnel in the various collective bargaining sectors. Therefore, in order to identify indexes proportionate to the effective entities' sectors and particular categories considered and eliminate thus' the risk of any disparity 'treatment, indices, regarding the trade unions of the employees by the authorities referred to in the preceding paragraph 3), letter b) of paragraph 3 and specific professional categories, will necessarily have to be sized in relation, respectively, to the total number of employees by administrations that are sector specific joints as part of the funds referred to in articles 4 and 5 the decree of the President of the Republic March 5, 1986, n. 68, compared to the total number of employees of each of the relevant sectors; the consistency of the particular relevant category compared to the total number of personnel belonging to the various collective bargaining sectors. c) Provision notwithstanding. In the case of minimal deviations to discriminate quantities referred to in this Directive will have marginal exceptions, in very exceptional cases and when justified by very special reasons supporting, with motivated measures of public administration taking into account the following background variables: the degree of overall unionization of the sector and the various professional categories above specified, the relative consistency of the various trade unions and the growth momentum of new trade unions. The above mentioned measures at variance can be adopted, always in very exceptional cases, even in case of minimal deviations to discriminate quantities requested to ascertain the greater representativeness' confederations and trade union organizations representing the interests of staff belonging to ' "medical area" of the "health' ', the executive staff and personnel belonging to the specified category with specificity' and professional relevance. 4. Inventory of confederations and trade unions. In order to constantly keep oggiornato the register of associations of public employees protection, the confederations and the trade unions are invited to submit, within sixty days of receipt of this Directive, the Presidency of the Council of Ministers of Civil Service Department - Service IV " labor relations ", the necessary documents, namely: 1) the memorandum; 2) the statutes currently in force; 3) the organizational structure; 4) a detailed listing of membership sites, broken down by sector, by category and territory; 5) the number of members and the powers granted to the government, broken down by sector and by originating administrations; 6) the acceptances received, and the relationship with the total number of voters, on the occasion of the elections of staff representatives on the boards, in personnel committees, Disciplinary Boards and similar bodies, broken down by sector and administrations. Confederations and trade union organizations are invited altresi 'to further communicate - by the end of May each year - the variations of the elements previously mentioned refer to the previous year. 5. Rules for the address mode 'application. The administrations in address, according to the law of 23 August 1988 n. 400 and the third paragraph of Art. 27 of the framework law of 29 March 1983 n. 93, are held annually to proceed to the recognition of the resulting data to January 31 of each year regarding the powers conferred by employees in favor of each confederation and trade union organization for the collection of union contributions according to the changes in the previous year (exemplifying: the recognition of proxies resulting in the January 31, 1991 relates to the powers relating to 1990, including all the changes that occurred during that 1990 will proceed in the same way 'for each subsequent year). The final results of the aforementioned survey, broken down by confederation and trade union organization, should be sent by the end of May each year, to the Prime Minister's Office - Department of Public Service - Service IV "Labor relations". Such data must be simultaneously communicated, in accordance with subparagraph a) of Art. 8 of the decree of the President of the Republic n. 395/88, also the confederations and the trade unions whose powers refer. The same authorities, within the said period (31 May each year) were held altresi 'to provide the Presidency of the Council of Ministers - Department of Public Service - Service IV "Labor relations", the most' recent results of the elections of representatives staff on the boards, in personnel committees, Disciplinary boards and similar bodies, broken down by confederation and trade union organization in relation to the total number of voters, then update them on the occasion of the changes will be working later. The administrations must also promptly report the establishment of the representative bodies of the employees in art. 25 of the Law of 29 March 1983 n. 93. It is, finally, the opportunity ', especially in the first phase of implementation of this Directive-circular, each recognition of representativeness', even at the local level, both previously agreed with the Prime Minister's Office - Department of the function public. Given the need 'to acquire by any urgency the required data and the elements to be used both for the determination of the trade union delegations enabled the negotiations for the formation of the union agreements provided for by the framework law n. 93/83 and is in all other circumstances in which it needs to identify the greatest representativeness 'trade union, calling the emphasis on responsibility' management, further specifying that the authorities are obliged to provide the information requested settled within the terms above. By the same dates indicated above, pursuant to art. 8, letter a) of the Decree of the President of the Republic August 23, 1988, n. 395, the authorities in the address are required to send data required to ascertain the representativeness' union along with this the Prime Minister's Office - Department of Public Service and the confederations and the trade unions to which the data relate. In this regard it is considered appropriate in due evidence that the communication of data to the confederations and the trade unions which they refer, as well as be the fulfillment of a regulatory provision, it addresses the needs of correct administrative action and facilitates the conduct of labor relations. In fact, the condition put in confederations and trade unions to know the elements on the basis for the assessment of the greater representativeness' allows confederations and organizations themselves, if encountered and documented errors or omissions, the report - documenting specially - administrations in address any such errors or omissions which, if established, will determine the subsequent corrections or additions at the same time communicate to this the Prime Minister's Office - Department of public Service and the confederations and trade union organizations concerned. The cities address, sending the D cards), D 1), D 2), D 3) and D4), of which you will say 'below, to the Prime Minister's Office - Department of Public Service, must therefore explicitly note at the bottom to the above cards that they have been sent at the confederations and the trade unions to which they refer. We point out the absolute need 'to strictly adhere to the timely conduct of the proceedings in the terms set out above in order to facilitate, as already' mentioned, the proper conduct of labor relations, allowing one hand the confederations and trade unions to be made aware on time and in due terms of the data referring to them, so you can be with timeliness' any observations; on the other side of the individual administrations to provide for the correction of any errors or omissions established; and on the other side even to the Presidency of the Council of Ministers - Department of Civil Service to meet their obligations in dell'acclarata awareness certainty of data provided by the government, partly as a result of possible adjustments resulting from any observations of the confederations and trade unions . To facilitate reading and storing of the data referred to the documents previously requested, the administrations, the confederations and trade union organizations are requested to fill in the summary sheets that are attached. Please note that the cards marked with the letters A 1), 2), B) and C) are to be filled exclusively by the confederations and trade unions. It is altresi 'that the cards marked with the letters D 1), Q 2), D 3) and D4) - to be completed by only the authorities - must contain the related data to the staff, respectively belonging to' "medical area" of the fund "health '', to management personnel, to employees from the authorities referred to in paragraph 3 above), point b) of paragraph 3 and to the personnel belonging to particular categories with specificity 'professional. Finally, the card marked with the letter D - always only be filled out by the administration - refers to the generality 'of the staff, with the exclusion of the personnel belonging to' "medical area" of management personnel, employees of the authorities referred to point 3), letter b) of paragraph 3 and the staff belonging to particular categories with specificity 'professional. For anything previously represented and given the changes and additions made to it by this Directive-circular with respect to the establishment of greater representativeness' trade union in the public sector, governments in address are encouraged to send the duly completed and attached cards referring to the year 1990, completely within the period of 31 May 1991, even if they had already 'done in fulfillment of the above provisions. Said form must be clearly sent in the absence of unionized staff, in which case it must be noted, however, the number of employees and, as regards D4 tab), the number of personnel belonging to the particular category. The Ministries, associations, unions, the presidents of the regional and autonomous provinces joined, the government commissioners and prefects are asked, each within its field, to bring this Directive-circular to the attention of authorities and the supervised or associated bodies . Minister: GASPARI