The COMMISSION on the proposal of the Deputy Commissioner for the sector, Avv. Prof. Nunzio Pinelli; Said: that on March 11, 2015, Enav S.p.A. sent the Commission a copy of the NATIONAL COLLECTIVE LABOUR AGREEMENT of the airline industry-direct ATM services and complementary-for the period 2014-2016 (CCNL 2014-2016) for the purpose of evaluating qualifications, in accordance with article 13, paragraph 1, lett. in the 1990 # 146) of the Act, as amended;
whereas article 10 (cooling Procedures and conciliation of collective disputes) of the aforementioned NATIONAL COLLECTIVE LABOUR AGREEMENT was sent on March 17, 2015, under article 13, paragraph 1, lett predicted. in 1990, law No 146 of), as subsequently amended, consumer and user associations, giving term of 15 days from the date of receipt, to the required opinion;
that was the opinion by April 2, 2015, Codacons, containing observations on cooling and conciliation procedures, with particular reference to the timing and content of the verbalization of its meetings; Considered: that current regulations and procedures for conciliation, for the staff required to bring before the proclamation Enav, the strike within the meaning of article 2, paragraph 2, of law No 146 of 1990, as amended by law No 83 of 2000, it was defined by the parties in article 11 of the NATIONAL COLLECTIVE LABOUR AGREEMENT for the employees of Enav S.p.A., for the period 2012-2014 (CCNL 2012-2014) signed in March 23, 2013 date and estimated eligible by the Commission resolution No. 13/295 of September 30, 2013;
that the wording of article 10 of the CCNL Enav 2014-2016 reproduces in full the provisions contained in that article 11 of the CCNL 2012-2014, scored by the Commission with the appropriate resolution 13/295;
Decides to assess, in accordance with article 13, paragraph 1, lett. in 1990, law No 146 of), as amended by law No. 83 of 2000, cooling and conciliation procedures discipline, referred to in article 10 of the NATIONAL COLLECTIVE LABOUR AGREEMENT of the airline industry-direct ATM services and complementary-BA 2014/2016-concerning employees of Enav S.p.A.; that, for anything not expressly set forth in article 10, shall remain valid as established in the provisional Regulation the air transport sector (resolution No. 14/387 of October 13, 2014, published in Official Gazette No. 250 of October 27, 2014); invoking firmly the contents of resolution No. 00/210-4.1, adopted by the Commission on September 21, 2000, meaning that "subjects were strangers to Contracting (non-signatory unions), also as a result of the evaluation of fitness from the Commission, may be not extended conciliation procedures: the due respect for the principle of art. 39, section 1, Constitution, prevents Trade Union parties not signatories to impose rules of conduct that directly involve the sphere of their organizational autonomy ' and that, consequently, in the event that non-signatory unions consider to submit voluntarily to the conciliation procedure provided for in the agreement estimated eligible by the Commission, are not bound to respect the negotiating and discipline therefore should follow the via della conciliazione, required by the administrative source of law (article 2, paragraph 2, of law No 146 of 1990, as amended), as defined by part IV of the provisional Regulation of aviation (resolution No 14/387 of October 13, 2014, published in the Official Journal No. 250 of October 27, 2014);
Has the transmission of this resolution to ENAV S.p.A. and national trade unions secretariats Filt Cgil, Fit Cisl, Uil and Ugl Transport Transport, the Ministry of infrastructure and transport, the Ministry of labour and Social Affairs, the Ministry of the Interior, for subsequent submission to the prefectures-territorial offices of the Government and Commissions of the Government, the President of the Valle d'Aosta region, as well as to the Presidents of the Chambers and the President of the Council of Ministers in accordance with article 13, paragraph 1, lett. n) of law No. 146 of 1990, as amended; the transmission to the parties a copy of the note of April 2, 2015, so they can possibly Codacons take into account the observations contained therein, in the review of the arrangement which is the subject of this evaluation;
There is also the publication of this resolution as well as article 10 of the CCNL Enav 2014-2016 in the official journal of the Italian Republic and the Commission's website. This resolution supersedes resolution No. 13/295 of September 30, 2013.
Roma, April 20, 2015 President Cons.: Alesse