REAL DECREE 530/1985, OF 8 APRIL, ESTABLISHING THE ORGANIC STRUCTURE OF THE MINISTRY OF LABOR AND SOCIAL SECURITY, IN ARTICLE 10.6 AND ADDITIONAL PROVISION SECOND, FOUR, CREATED THE GENERAL COUNCIL OF MEDIATION, ARBITRATION AND CONCILIATION AS A COLLEGIATE BODY ATTACHED TO THE GENERAL DIRECTION OF WORK, PRECISELY IN ORDER TO GIVE CONTINUITY TO THE INSTITUTIONAL PARTICIPATION ATTRIBUTED UNTIL THEN TO THE HIGHER COUNCIL OF THE INSTITUTE OF MEDIATION, ARBITRATION AND CONCILIATION, DELETED BY THE SECOND, SECOND PROVISION, OF THAT RULE, ISSUED PURSUANT TO ARTICLE 85 OF LAW 50/1984 OF 30 DECEMBER 1984 ON GENERAL BUDGETS OF THE STATE FOR 1985. AS REGARDS THE COMPOSITION AND FUNCTIONS OF THE GENERAL COUNCIL FOR MEDIATION, ARBITRATION AND CONCILIATION, ROYAL DECREE 530/1985 ITSELF REFERS TO FURTHER DEVELOPMENT BY MEANS OF SPECIFIC PROVISIONS.

FOLLOWING THE PUBLICATION OF THE ROYAL REFERENCE DECREE 530/1985, THE PUBLICATION WAS PRODUCED IN THE OF 8 AUGUST 1985 OF THE ORGANIC LAW 11/1985, OF 2 AUGUST, OF FREEDOM OF ASSOCIATION, WHOSE ADDITIONAL PROVISION FIRST, ONE, ESTABLISHES HOW, FOR THE PURPOSES OF ARTICLES 6.2 AND 7.1 OF THE LAW ITSELF, THE PERIOD OF COMPUTATION OF THE ELECTORAL RESULTS WOULD BE PREVIOUSLY AGREED BY THE HIGHER COUNCIL OF THE IMAC. THIS REFERENCE IN THE ORGANIC LAW OF FREEDOM OF ASSOCIATION TO AN ALREADY EXTINGUISHED ORGAN IS EXPLAINED BY THE CHRONOLOGICAL GAP BETWEEN THE DATE OF APPROVAL BY THE GENERAL COURTS OF THE TEXT OF THE ORGANIC LAW OF FREEDOM OF ASSOCIATION (26 JULY 1984) AND THE DATE PUBLICATION OF THIS; PHASE IS ORIGINATED BY THE INTERPOSITION OF SEVERAL PREVIOUS RESOURCES OF UNCONSTITUTIONALITY AGAINST THE LAW, NOT RESOLVED UNTIL THE JUDGMENT OF THE CONSTITUTIONAL COURT OF JULY 29, 1985.

IN THIS WAY, DUE TO THE IMPERATIVE OF THE ORGANIC LAW OF FREEDOM OF ASSOCIATION, IT IS ALSO NECESSARY TO CREATE A COLLEGIATE BODY OF PARTICIPATION THAT COMES TO REPLACE THE DEFUNCT COUNCIL OF THE IMAC, IN THE REALIZATION OF SO IMPORTANT PARTICIPATORY FUNCTION RELATED TO THE PROCEDURES OF CHOICE OF LEGAL BODIES REPRESENTING WORKERS, ELECTORAL PROCESSES WHICH IN PRACTICE ARE IDENTIFIED WITH THE CONCEPT OF UNION ELECTIONS, WITHOUT PREJUDICE TO OTHER PARTICIPATORY FUNCTIONS THAT MAY BE ATTRIBUTED TO IT IN THE FUTURE. IN THE SAME SENSE, THE MANDATE GIVEN TO THE GOVERNMENT IN THE FIRST, TWO ADDITIONAL PROVISION OF THE ORGANIC LAW OF TRADE UNION FREEDOM MUST BE TAKEN INTO ACCOUNT IN ORDER TO DEVELOP THE CAPACITY FOR INSTITUTIONAL REPRESENTATION TO THE ADMINISTRATIONS. PUBLIC, ONE OF WHOSE MANIFESTATIONS IS PRODUCED PRECISELY IN THIS AREA.

NOW, REASONS OF OPPORTUNITY ARE CURRENTLY DISCOURAGED FROM THE CREATION OF NEW BODIES THAT WILL DEVELOP FUNCTIONS IN MEDIATION, ARBITRATION AND CONCILIATION, FOR NEEDING THESE ISSUES OF FURTHER TREATMENT. AS A RESULT OF THE PRACTICES AND AGREEMENTS WHICH THE SOCIAL PARTNERS THEMSELVES ARE DESIGNING IN THE DYNAMICS OF THEIR RELATIONS, AS A WHOLE. IF IT IS NECESSARY AND URGENT TO COMPLY WITH THE MANDATE OF THE ADDITIONAL PROVISION OF THE ORGANIC LAW 11/1985, OF 2 AUGUST, OF FREEDOM OF ASSOCIATION, FOR WHICH IT IS NECESSARY TO CREATE AN ORGAN THAT SERVES AS A CHANNEL TO THE PARTICIPATION OF THE SOCIAL PARTNERS IN MATTERS RELATING TO ELECTORAL PROCEDURES FOR THE PARTICIPATION OF STAFF, BOTH BECAUSE OF THEIR IMPACT IN THE FIELD OF THE COMPANY AND PUBLIC ADMINISTRATIONS AND BECAUSE OF THEIR IMPORTANT PROJECTION IN THE FIELD OF INSTITUTIONAL PARTICIPATION. FOR THIS PURPOSE IT IS CREATED BY THIS ROYAL DECREE THE NATIONAL COMMISSION OF UNION ELECTIONS WHICH REPLACES THE GENERAL COUNCIL OF MEDIATION, ARBITRATION AND CONCILIATION PROVIDED FOR IN ROYAL DECREE 530/1985, OF APRIL 8.

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF LABOR AND SOCIAL SECURITY, AFTER CONSULTATION WITH THE MOST REPRESENTATIVE TRADE UNION AND BUSINESS ORGANIZATIONS, WITH THE APPROVAL OF THE PRESIDENCY OF THE GOVERNMENT, ACCORDING TO THE COUNCIL OF STATE AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING ON 13 JUNE 1986, I HAVE:

ARTICLE 1.

FROM THE NATIONAL COMMISSION OF UNION ELECTIONS.

1. THE INSTITUTIONAL PARTICIPATION OF THE TRADE UNIONS, PROVIDED FOR IN ARTICLES 6 AND 7.1 AND THE ADDITIONAL PROVISION OF ORGANIC LAW 11/1985 OF 2 AUGUST, OF TRADE UNION FREEDOM, AND OF THE BUSINESS ORGANISATIONS REFERRED TO IN THE PROVISION ADDITIONAL SIXTH OF THE STAFF REGULATIONS WILL BE CARRIED OUT ON MATTERS RELATING TO THE ELECTIONS OF WORKERS ' REPRESENTATIVES IN UNDERTAKINGS AND THE CORRESPONDING BODIES OF PUBLIC ADMINISTRATIONS, THROUGH THE NATIONAL COMMISSION OF TRADE UNION ELECTIONS, WHOSE COMPOSITION, FUNCTIONING AND POWERS, FOR THESE PURPOSES, SHALL BE CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS ROYAL DECREE. THIS IS WITHOUT PREJUDICE TO THE POWERS IN OTHER MATTERS RELATING TO ITS PURPOSE WHICH THE COMMISSION MAY ASSUME IN THE FUTURE.

2. THE NATIONAL COMMISSION OF UNION ELECTIONS IS ATTACHED TO THE GENERAL DIRECTION OF WORK OF THE MINISTRY OF LABOR AND SOCIAL SECURITY.

ART. 2.

COMPETENCES IN THE FIELD OF UNION ELECTIONS.

WITHOUT PREJUDICE TO ANY OTHER POWERS THAT MAY BE ATTRIBUTED TO IT IN THE FUTURE, THE NATIONAL UNION ELECTION COMMISSION WILL HAVE THE FOLLOWING:

(A) ADOPT ARRANGEMENTS FOR THE PERIOD OF CALCULATION OF ELECTION RESULTS TO WORKERS ' REPRESENTATIVES IN UNDERTAKINGS AND IN THE BODIES OF PUBLIC ADMINISTRATIONS, IN ACCORDANCE WITH THE PROVISIONS OF THE ADDITIONAL PROVISION FIRST OF THE ORGANIC LAW 11/1985, OF 2 AUGUST, OF FREEDOM OF ASSOCIATION.

B) MAKE THE PROCLAMATION OF GLOBAL ELECTORAL RESULTS.

C) PREPARE REPORTS AND PROPOSALS IN THE FIELD OF ELECTIONS AND ANY OTHER FUNCTIONS OF A SIMILAR NATURE.

ART. 3.

COMPOSITION.

1. THE NATIONAL ELECTIONS COMMISSION SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:

A) THIRTEEN REPRESENTATIVES OF THE MOST REPRESENTATIVE TRADE UNION ORGANIZATIONS IN PROPORTION TO THEIR REPRESENTATIVENESS, IN ACCORDANCE WITH ARTICLES 6.2 AND 7.1 OF THE ORGANIC LAW OF FREEDOM OF ASSOCIATION, WHICH WILL BE APPOINTED BY THE BODIES COMPETENT OF THE RESPECTIVE TRADE UNIONS.

B) THIRTEEN REPRESENTATIVES OF THE MOST REPRESENTATIVE BUSINESS ORGANISATIONS IN PROPORTION TO THEIR REPRESENTATIVENESS, TO BE APPOINTED BY THE COMPETENT BODIES OF THE RESPECTIVE BUSINESS ORGANISATIONS.

C) THIRTEEN REPRESENTATIVES OF THE ADMINISTRATION APPOINTED BY THE MINISTER OF LABOUR AND SOCIAL SECURITY.

2. THE MINISTER SHALL APPOINT THE CHAIRMAN AND THE VICE-PRESIDENT OF THE COMMISSION FROM AMONG THE REPRESENTATIVES OF THE ADMINISTRATION.

3. IN ADDITION TO THE REPRESENTATIVES OF THE ADMINISTRATION INDICATED ABOVE, THE MINISTER OF LABOR AND SOCIAL SECURITY WILL APPOINT A SECRETARY OF THE NATIONAL COMMISSION, WITH A VOICE BUT WITHOUT A VOTE.

ART. 4.

THE PRESIDENT OF THE NATIONAL COMMISSION.

CORRESPONDS TO THE PRESIDENT: A) TO REPRESENT THE COMMISSION.

B) TO AGREE ON THE CONVENING OF ORDINARY AND EXTRAORDINARY SESSIONS AND THE ESTABLISHMENT OF THE AGENDA, TAKING INTO ACCOUNT THE REQUESTS OF THE OTHER MEMBERS MADE IN GOOD TIME.

C) DISPENSE WITH SESSIONS AND MODERATE THE DEVELOPMENT OF DEBATES.

D) EXERCISE THEIR RIGHT TO VOTE.

E) MONITOR THE MINUTES AND CERTIFICATIONS OF THE COMMISSION ' S AGREEMENTS.

F) ENSURE COMPLIANCE WITH THE LAWS AND THE NORMALITY OF THE DELIBERATIONS.

G) THE OTHER FUNCTIONS OF THE PRESIDENCY OF THE COLLEGIATE BODIES.

ART. 5.

OF THE VICE-PRESIDENT OF THE NATIONAL COMMISSION.

CORRESPONDS TO THE VICE PRESIDENT:

A) REPLACE THE PRESIDENT IN CASES OF VACANCY, ILLNESS, ABSENCE AND OTHER CAUSES OF IMPOSSIBILITY.

B) EXERCISE THEIR RIGHT TO VOTE.

ART. 6.

OF THE VOWELS OF THE NATIONAL COMMISSION.

1. IT IS FOR THE MEMBERS TO EXERCISE THEIR RIGHT TO VOTE, WITH THE ABSTENTIONS OR THE RESERVE OF VOTE BEING RECORDED, AS WELL AS THE REASONS FOR THE VOTE. THEY ARE ALSO ENTITLED TO KNOW THE ORDER OF THE DAY OF THE SESSIONS AND THE PRECISE DOCUMENTATION ON THE TOPICS THAT ARE INCLUDED IN IT, BEING ABLE TO PROPOSE TOPICS FOR THEIR INCLUSION, TO FORMULATE QUESTIONS AND QUESTIONS, TO PARTICIPATE IN THE DEBATES, SO HOW TO COLLECT ACCURATE INFORMATION TO FULFILL THE ASSIGNED FUNCTIONS.

2. REPRESENTATIVES OF EMPLOYERS 'AND TRADE UNIONS' ORGANISATIONS SHALL RECEIVE FINANCIAL COMPENSATION FOR THEIR ATTENDANCE AT THE MEETINGS OF THE COMMISSION.

3. MEMBERS SHALL NOT BE ENTITLED TO THE FUNCTIONS OR REPRESENTATION RECOGNISED TO THE COMMISSION, UNLESS EXPRESSLY GRANTED TO THEM, SUBJECT TO A VALIDLY ADOPTED AGREEMENT AND, IN PARTICULAR, BY THE COMMISSION ITSELF.

ART. 7.

OF THE SECRETARY OF THE NATIONAL COMMISSION.

CORRESPONDS TO THE SECRETARY:

(A) CARRY OUT THE CONVENING OF THE MEETINGS OF THE COMMISSION OF ORDER OF ITS PRESIDENT, AS WELL AS THE SUMMONS OF THE MEMBERS OF THE COMMISSION.

B) PREPARE THE OFFICE OF THE AFFAIRS TO BE KNOWN BY THE PLENARY.

C) BE THE ONLY RECIPIENT OF THE COMMUNICATION ACTS OF THE VOWELS.

D) ATTEND MEETINGS WITH VOICE BUT NO VOTE.

E) DRAWING UP THE MINUTES OF THE SESSIONS, ISSUING CERTIFICATIONS OF THE AGREEMENTS, PROPOSALS AND REPORTS APPROVED BY THE COMMISSION.

ART. 8.

REPLACEMENTS, SUBSTITUTIONS AND CESSES OF THE MEMBERS OF THE NATIONAL COMMISSION.

1. THE ADMINISTRATION, TRADE UNIONS AND EMPLOYERS ' ORGANISATIONS MAY APPOINT THE ALTERNATES OF THE MEMBERS OF THE COMMISSION WHICH ARE APPROPRIATE IN EACH CASE.

THE SUPPLY SHALL BE JUSTIFIED IN WRITING TO THE SECRETARIAT OF THE COMMISSION BY THE RELEVANT COMPETENT AUTHORITY.

2. THE MEMBERS OF THE COMMISSION SHALL LOSE THEIR STATUS AS SUCH BY ANY OF THE FOLLOWING REASONS:

A) BY AGREEMENT OF THE CORRESPONDING DECISION-MAKING BODY OF THE ENTITY OR ASSOCIATION THAT IT REPRESENTS.

B) BY RESIGNATION ACCEPTED BY THE CORRESPONDING ORGAN OF THE ENTITY OR ASSOCIATION IT REPRESENTS.

(C) THE REPRESENTATIVES OF THE ADMINISTRATION, WHEN THE MINISTER OF LABOR AND SOCIAL SECURITY SO PROVIDES.

D) FOR ANY OTHER ANALOGOUS CAUSE PREVENTING THE PERFORMANCE OF THE CHARGE.

3. THE LOSS OF THE STATUS OF A MEMBER OF THE COMMISSION, WHERE APPROPRIATE, SHALL BE COMMUNICATED IN WRITING BY THE COMPETENT AUTHORITY TO THE SECRETARIAT OF THE COMMISSION. ART. 9.

OF THE PLENARY SESSIONS OF THE NATIONAL COMMISSION.

1. SESSIONS CAN BE ORDINARY AND EXTRAORDINARY.

2. THE COMMISSION SHALL MEET ON AN ORDINARY BASIS TWICE A YEAR, WITH THE INVITATION TO TENDER PROVIDED IN WRITING AND BY THE MOST APPROPRIATE MEANS, IN ORDER TO ENSURE RECEIPT IN GOOD TIME, WHICH SHALL BE AT LEAST EIGHT WORKING DAYS. THE CALL MUST COMMUNICATE THE DAY, TIME AND PLACE OF THE MEETING, AS WELL AS THE AGENDA, AND SHALL BE ACCOMPANIED BY THE NECESSARY DOCUMENTATION FOR THE PRIOR STUDY OF THE MATTERS INCLUDED THEREIN.

3. THE COMMISSION SHALL MEET IN EXCEPTIONAL CIRCUMSTANCES WHEN, AS A MATTER OF URGENCY, THE CHAIRMAN, BY HIMSELF OR ON A PROPOSAL FROM ONE OF THE MOST REPRESENTATIVE TRADE UNIONS OR ORGANISATIONS, HAS DECIDED TO DEAL WITH THE MATTER. ITS REPRESENTATION IN THE COMMISSION.

THIS CALL WILL BE MADE WITH THE SAME REQUIREMENTS AS FOR ORDINARY SESSIONS, WITH THE EXCEPTION OF THE ORDER OF THE DAY THAT WILL BE CLOSED AND THE DEADLINE FOR THE RECEIPT OF THE CALL AND OTHER DOCUMENTATION, WHICH IT SHALL BE AT LEAST FIVE WORKING DAYS.

4. IN CASES OF SPECIAL URGENCY AND INDEFATIABLE NEED, THE PRESIDENT MAY AUTHORISE THE REDUCTION OF THE TIME LIMITS SET OUT IN THE PRECEDING NUMBERS, PROVIDED THAT HE GUARANTEES TO THE VOWELS THE PRIOR AND SUFFICIENT KNOWLEDGE OF THE CALLS AND THE DOCUMENTATION TO BE ANALYZED.

ART. 10.

OF THE AGREEMENTS OF THE FULL NATIONAL COMMISSION.

1. THE COMMISSION SHALL BE DEEMED TO BE VALIDLY CONSTITUTED WHEN TWO-THIRDS OF ITS COMPONENTS, AT LEAST ONE OF ITS COMPONENTS, ARE MET ON THE FIRST CALL, OR TWENTY, IN THE SECOND, REQUIRING THE ASSISTANCE OF THE PRESIDENT AND THE SECRETARY OR THOSE OF THEM. SUBSTITUTED 2. THE AGREEMENTS WILL BE ADOPTED BY AN ABSOLUTE MAJORITY OF THE ASSISTANTS AND WILL LEAD TO THE PRESIDENT ' S VOTE.

THE VOTE WILL BE SECRET UNLESS THERE IS A CLEAR UNANIMITY AMONG THE MEMBERS OF THE COMMISSION ON THE PROPOSED ISSUE.

3. HOWEVER, FOR THE ADOPTION OF AGREEMENTS ON THE MATTERS REFERRED TO IN ARTICLE 2 (A) AND (B) OF THIS ROYAL DECREE, A FAVOURABLE VOTE OF AT LEAST TWENTY OF THE MEMBERS OF THE COMMISSION SHALL BE REQUIRED.

ART. 11.

OF THE MINUTES OF THE PLENARY SESSIONS OF THE NATIONAL COMMISSION.

1. MINUTES SHALL BE DRAWN FROM EACH MEETING HELD BY THE COMMISSION BY THE SECRETARY, WHO SHALL NECESSARILY CONTAIN AN INDICATION OF THE ASSISTANTS, THE ORDER OF THE INTERVENTIONS AT EACH POINT AND ITS CONTENT, THE MAIN POINTS OF THE DELIBERATIONS, AND THE DATE AND CONTENT OF THE AGREEMENTS.

2. THE MEMBERS OF THE COMMISSION MAY REQUEST THAT THE VOTE AGAINST THE AGREEMENT, OR THEIR ABSTENTION AND THE REASONS FOR WHICH IT IS JUSTIFIED, BE RECORDED IN THE MINUTES. LIKEWISE, ANY MEMBER HAS THE RIGHT TO REQUEST THE FULL TRANSCRIPT OF HIS SPEECH OR PROPOSAL, PROVIDED THAT THEY PROVIDE THE ACT WITH THE WRITTEN TEXT THAT CORRESPONDS FAITHFULLY TO HIS INTERVENTION, THUS STATING IN THE ACT AND JOINING AUTHENTICATED COPY OF THE DOCUMENT TO THE SAME.

3. THE MINUTES SHALL BE APPROVED IN THE SAME OR THE FOLLOWING SESSION.

ART. 12.

OF THE COMPOSITION OF THE PERMANENT COMMITTEE.

THE NATIONAL COMMISSION OF UNION ELECTIONS MAY OPERATE IN STANDING COMMITTEE, WHICH SHALL BE COMPOSED OF:

A) THE PRESIDENT, THE VICE-PRESIDENT AND THREE VOCAL REPRESENTATIVES OF THE PUBLIC ADMINISTRATION.

WHEN THE PRESIDENT DOES NOT ATTEND AND IS REPLACED BY THE VICE-PRESIDENT, ANOTHER MEMBER OF THE GROUP REPRESENTING THE PUBLIC ADMINISTRATION MAY ALSO BE INCLUDED.

B) FIVE VOWELS REPRESENTING THE MOST REPRESENTATIVE TRADE UNION ORGANISATIONS, IN PROPORTION TO THEIR REPRESENTATIVENESS.

C) FIVE VOCAL REPRESENTATIVES OF THE MOST REPRESENTATIVE BUSINESS ORGANISATIONS, IN PROPORTION TO THEIR REPRESENTATIVENESS.

UNION AND BUSINESS VOWELS WILL BE CHOSEN BY AND AMONG THE RESPECTIVE VOWELS OF THE COMMISSION.

HE WILL ACT AS SECRETARY, WITH A VOICE BUT NO VOTE, THAT IS THE COMMISSION.

ART. 13.

OF THE POWERS AND FUNCTIONING OF THE STANDING COMMITTEE.

1. CORRESPONDS TO THE STANDING COMMITTEE:

A) PREPARE THE COMMISSION ' S WORK FOR THE PLENARY MEETINGS.

B) TO CONTROL THE APPLICATION OF THE COMMISSION ' S DECISION.

C) EXERCISE AS MANY FUNCTIONS AS DELEGATED TO IT BY THE COMMISSION.

D) TO PROPOSE HOW MANY MEASURES IT DEEMS NECESSARY FOR THE BEST FULFILMENT OF THE AIMS OF THIS PARTICIPATORY BODY.

2. THE STANDING COMMITTEE SHALL MEET AT LEAST ONCE A QUARTER, AS WELL AS THE PRESIDENT, ON ITS OWN INITIATIVE OR AT THE REQUEST OF ONE OF THE MOST REPRESENTATIVE TRADE UNIONS OR ORGANISATIONS, HIS REPRESENTATION ON THE COMMITTEE.

3. FOR EACH ORGANISATION REPRESENTED AND BY THE ADMINISTRATION, WHERE APPROPRIATE, AN EXPERT MAY BE ASSISTED BY AN EXPERT TO ADVISE AND BE ABLE TO REPORT ON A PARTICULAR SUBJECT WHICH HAS BEEN INCLUDED ON THE AGENDA. EXPERTS SHALL NOT HAVE THE RIGHT TO VOTE.

4. THE STANDING COMMITTEE SHALL BE CONSIDERED VALIDLY CONSTITUTED WHEN TEN OF ITS MEMBERS ARE PRESENT, ON FIRST CALL, OR EIGHT, IN THE SECOND, REQUIRING, IN ANY CASE, THE ASSISTANCE OF THE PRESIDENT AND THE SECRETARY OR THOSE WHO REPLACE THEM.

5. THE AGREEMENTS WILL BE ADOPTED BY AN ABSOLUTE MAJORITY OF THE ASSISTANTS AND WILL LEAD TO THE PRESIDENT ' S VOTE.

6. IN SO FAR AS IT IS APPLICABLE, THE STANDING COMMITTEE SHALL BE GOVERNED BY THE PROVISIONS LAID DOWN FOR THE GENERAL COUNCIL IN ARTICLES 4, 5, 7, 8, 9 AND 11 OF THIS ROYAL DECREE.

ART. 14.

SPECIAL COMMISSIONS.

THE NATIONAL COMMISSION OF UNION ELECTIONS MAY CONSTITUTE SPECIAL COMMISSIONS, SUBJECT TO THE SAME CRITERIA OF REPRESENTATIVE AND ORGANIC COMPOSITION OF THE COMMISSION ITSELF, ASSISTED, IF ANY, BY EXPERTS. THOSE COMMITTEES MAY, THROUGH THE SECRETARIAT OF THE COMMISSION, COLLECT AS MANY REPORTS AND OPINIONS AS THEY CONSIDER FOR THE PURPOSE OF THEIR IMPLEMENTATION.

STUDIES, REPORTS AND PROPOSALS ON SPECIFIC OR MONOGRAPHIC TOPICS THAT WILL BE ELEVATED TO THE STANDING COMMITTEE WILL HAVE THE COMPETENCE.

ART. 15.

PROVINCIAL PARTICIPATION BODIES.

THE INSTITUTIONAL PARTICIPATION OF TRADE UNIONS AND EMPLOYERS ' ASSOCIATIONS, RESPECTIVELY, ARTICLES 6 AND 7.1 OF THE ORGANIC LAW ON FREEDOM OF ASSOCIATION AND THE SIXTH PROVISION OF THE STATUTE FOR TRADE UNIONS WORKERS IN RELATION TO THE POWERS OF THE NATIONAL COMMISSION OF UNION ELECTIONS REFERRED TO IN ARTICLE 2 OF THIS ROYAL DECREE, WILL ALSO BE CARRIED OUT AT THE PROVINCIAL LEVEL.

IN THOSE PROVINCES BELONGING TO AUTONOMOUS COMMUNITIES THAT HAVE NOT ASSUMED RESPONSIBILITY FOR THE IMPLEMENTATION OF LABOR LEGISLATION, SUCH PARTICIPATION WILL TAKE PLACE THROUGH THE PROVINCIAL COMMISSIONS REGULATED IN THIS REAL DECREE.

IN THE AUTONOMOUS COMMUNITIES WITH RESPONSIBILITIES FOR THE IMPLEMENTATION OF LABOUR LAW, THIS INSTITUTIONAL PARTICIPATION WILL BE CARRIED OUT, IN TERMS OF ITS STRUCTURE AND ORGANIZATION, IN THE FORM PROVIDED FOR IN THE REGULATIONS. INTERNAL ORGANISATION OF THE RELEVANT SERVICES TO BE ADOPTED BY THESE AUTONOMOUS COMMUNITIES.

ART. 16.

OF THE PROVINCIAL COMMISSIONS.

THE PROVINCIAL COMMISSIONS REFERRED TO IN PARAGRAPH 2 OF THE PREVIOUS ARTICLE SHALL BE COMPOSED OF:

A) THE PROVINCIAL DIRECTOR OF THE MINISTRY OF LABOR AND SOCIAL SECURITY, WHICH WILL BE ITS PRESIDENT.

B) THREE VOCAL REPRESENTATIVES OF THE PUBLIC ADMINISTRATION WHO WILL BE APPOINTED BY THE SECRETARY-GENERAL FOR EMPLOYMENT AND INDUSTRIAL RELATIONS, THE MINISTRY OF LABOUR AND SOCIAL SECURITY, ONE OF WHOM WILL ACT AS PRESIDENT IN THE CASES OF ABSENCE OR DISEASE OF THIS.

C) THREE MEMBERS REPRESENTING THE MOST REPRESENTATIVE TRADE UNION ORGANISATIONS IN PROPORTION TO THEIR REPRESENTATIVENESS, IN ACCORDANCE WITH ARTICLES 6.2 AND 7.1 OF LAW 11/1985 OF 2 AUGUST, TO BE APPOINTED BY THE BODIES COMPETENT OF THE RESPECTIVE TRADE UNIONS.

D) THREE MEMBERS REPRESENTING THE MOST REPRESENTATIVE BUSINESS ORGANISATIONS, IN PROPORTION TO THEIR REPRESENTATIVENESS, TO BE APPOINTED BY THE COMPETENT BODIES OF THE RESPECTIVE BUSINESS ORGANISATIONS.

HE WILL ACT AS SECRETARY, WITH VOICE BUT NO VOTE, THE HEAD OF THE MEDIATION, ARBITRATION AND CONCILIATION UNIT OF THE PROVINCIAL DIRECTORATE OF LABOR AND SOCIAL SECURITY.

ART. 17.

FUNCTIONS OF THE PROVINCIAL COMMISSIONS.

1. CORRESPONDS TO THE PROVINCIAL COMMISSIONS:

A) KNOWING THE AGREEMENTS OF THE NATIONAL COMMISSION AND THE STANDING COMMITTEE.

B) TO CONTROL AND CHECK THE IMPLEMENTATION AT THE PROVINCIAL LEVEL OF THESE AGREEMENTS.

C) PROPOSE, WHERE APPROPRIATE, HOW MANY MEASURES, PLANS AND PROGRAMMES ARE NECESSARY FOR THE IMPROVEMENT OF THE AGREEMENTS IN THEIR TERRITORIAL SCOPE. THE PROPOSALS WILL BE FORWARDED TO THE SECRETARIAT OF THE NATIONAL COMMISSION FOR THEIR KNOWLEDGE AND DISCUSSION, IF APPROPRIATE, BY THE STANDING COMMITTEE.

D) TO MONITOR THE DEVELOPMENT OF THE PROVINCIAL PLANS AND PROGRAMMES, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH C.

E) TO EXAMINE AND ASSESS THE MINUTES AND OTHER ELECTORAL DOCUMENTS PRODUCED IN THEIR TERRITORIAL SCOPE AND TO CARRY OUT ANY OTHER FUNCTIONS OF CONTROL AND SURVEILLANCE ENTRUSTED TO THEM BY THE NATIONAL COMMISSION OR STANDING COMMITTEE.

TO THIS END, AT THE MAXIMUM PERIOD OF 10 DAYS FROM THE DATE OF THEIR DEPOSIT, THE PROVINCIAL COMMISSIONS SHALL RETURN THE DOCUMENTATION EXAMINED FOR THEIR SUBMISSION TO THE GENERAL DIRECTION OF WORK OF THE MINISTRY OF WORK AND SECURITY SOCIAL.

F) EXERCISE ANY OTHER FUNCTIONS ENTRUSTED TO IT BY THE NATIONAL COMMISSION OR STANDING COMMITTEE.

2. THE PROVINCIAL COMMITTEES SHALL SEND THE NATIONAL COMMISSION A MONTHLY REPORT ON THEIR ACTIVITIES.

ART. 18.

OF THE SESSIONS OF THE PROVINCIAL COMMISSIONS.

1. THE PROVINCIAL COMMISSIONS SHALL MEET MONTHLY IN ORDINARY SESSION AND WHEN NECESSARY, IN THE OPINION OF THEIR PRESIDENT OR AT THE REQUEST OF ANY OF THE MOST REPRESENTATIVE TRADE UNIONS OR ORGANIZATIONS, REPRESENTATION IN THE PROVINCIAL COMMISSION.

2. THEY SHALL BE VALIDLY UNDERSTOOD WHEN SEVEN OF ITS MEMBERS ARE PRESENT, ON FIRST CALL, OR SIX, IN THE SECOND, REQUIRING IN ANY EVENT THE ASSISTANCE OF THE PRESIDENT AND THE SECRETARY OR THOSE WHO REPLACE THEM. ART. 19.

OF THE AGREEMENTS, POWERS OF THE MEMBERS AND MINUTES OF THE SESSIONS OF THE PROVINCIAL COMMISSIONS.

1. THE AGREEMENTS WILL BE ADOPTED BY AN ABSOLUTE MAJORITY OF THE ASSISTANTS AND WILL LEAD TO THE PRESIDENT ' S VOTE.

2. IN SO FAR AS THEY ARE APPLICABLE, THE PROVINCIAL COMMISSIONS SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLES 4, 6, 7, 8, 9 AND 11 OF THIS ROYAL DECREE. FINAL PROVISIONS FIRST. THE PROVISIONS OF CHAPTER II, TITLE I, OF THE LAW OF ADMINISTRATIVE PROCEDURE OF 17 JULY 1958, SHALL APPLY AS FAR AS IS NOT PROVIDED FOR IN THIS RULE.

SECOND. THE MINISTER OF LABOUR AND SOCIAL SECURITY WILL DICTATE THE PROVISIONS NECESSARY FOR THE APPLICATION AND DEVELOPMENT OF THE PROVISIONS OF THIS ROYAL DECREE, AND SPECIFICALLY TO ADAPT THE NUMBER OF MEMBERS OF THE COMMISSIONS CREATED IN THE SAME TO THE NUMBER OF TRADE UNIONS AND EMPLOYERS ' ORGANISATIONS WHICH AT EACH MOMENT HAVE THE STATUS OF MORE REPRESENTATIVE.

THIRD. THE PROVISIONS OF ARTICLE 10.6 (1) AND ARTICLE 10.6 (4) OF ROYAL DECREE 530/1985 OF 8 APRIL 1985 ARE HEREBY REPEALED WITH THE PROVISIONS OF THIS ROYAL DECREE.

FOURTH. THIS ROYAL DECREE WILL TAKE EFFECT THE DAY AFTER ITS PUBLICATION IN .

DADO IN MADRID TO 13 JUNE 1986.

JOHN CARLOS R.

MINISTER OF LABOR AND SOCIAL SECURITY, JOAQUIN ALMUNIA AMANN