THE ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN ITS TRANSITIONAL PROVISION FOURTH, PROVIDES THAT THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FACULTIES AND COMPETENCES THAT, ACCORDING TO THE SAME, THEY WILL COMPETE, WILL BE DONE PRIOR AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION AND WILL BE PROMULGATED BY ROYAL DECREE.

REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA. THE BOARD OF TRANSFERS PROVIDED FOR IN ARTICLE 2 THEREOF, WHICH, AFTER CONSIDERING THE APPROPRIATENESS AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF MEDIATION, ARBITRATION AND CONCILIATION, ADOPTED AT ITS MEETING ON 24 MARCH 1986 THE AGREEMENT, WHICH, FOR ITS EFFECTIVENESS, REQUIRES APPROVAL BY MEANS OF A ROYAL DECREE.

IN ITS VIRTUE, IN COMPLIANCE WITH THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, ON THE PROPOSAL OF THE MINISTERS OF LABOR AND SECURITY SOCIAL AND TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 11 APRIL 1986, I HAVE:

ARTICLE 1.

THE AGREEMENT OF THE TRANSFER BOARD, DATED MARCH 24, 1986, IS APPROVED BY THE TRANSFER OF FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF MEDIATION, ARBITRATION AND CONCILIATION TO THE NAVARRA.

ART. 2.

CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT THAT IS INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3.

THE TRANSFERS TO WHICH THIS ROYAL DECREE REFERS WILL BE EFFECTIVE FROM THE DATE INDICATED IN THE AGREEMENT OF THE AFOREMENTIONED TRANSFER BOARD, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF LABOR AND SOCIAL SECURITY UNTIL THE ENTRY INTO FORCE OF THIS ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF SERVICES IN THE SAME SYSTEM AND LEVEL OF OPERATION AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT TO BE TRANSCRIBED AS AN ANNEX TO THE PRESENT ROYAL DECREE.

ART. 4.

THE BUDGET APPROPRIATIONS WHICH ARE MEMBERS OF THE PROVISIONAL EFFECTIVE COST AS DETAILED IN RELATION NUMBER 2 OF THE ANNEX SHALL BE DISCHARGED, FOR THE CORRESPONDING AMOUNTS, AS FROM THE DATE OF ENTRY INTO FORCE. OF THIS ROYAL DECREE, BY MEANS OF THE APPROPRIATE BUDGETARY MODIFICATION DOSSIER.

ART. 5.

THIS REAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS YOUR PUBLICATION IN .

DADO IN MADRID AT 11 APRIL 1986.

JOHN CARLOS R.

THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO, AND MUÑOZ DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA, SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN ARTICLE 2.

OF REAL DECREE 2356/1984, OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFY:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING HELD ON 24 MARCH 1986, AGREEMENT WAS REACHED ON THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF MEDIATION, ARBITRATION AND RECONCILIATION, IN TERMS THAT ARE REPRODUCED BELOW:

1. PRECEPTS OF THE CONSTITUTION AND THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRE, IN WHICH THE COMPETITION OF THE FORAL COMMUNITY IS RECOGNIZED IN THE FIELD REFERRED TO IN THE SERVICES THAT ARE THE OBJECT OF TRANSFER.

IN THE VIEW OF THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF THE ORGANIC LAW FOR THE REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA AND ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 58, 1, B) OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE COMMUNITY OF NAVARRA TO IMPLEMENT THE LEGISLATION OF THE STATE IN THE FIELD OF LABOR, ASSUMING THE FACULTIES AND COMPETENCES AND SERVICES OF AN EXECUTIVE CHARACTER THAT CURRENTLY HOLDS THE THE STATE OF EMPLOYMENT RELATIONS, WITHOUT PREJUDICE TO THE HIGH INSPECTION OF LABOUR RELATIONS.

FOR ITS PART, ARTICLE 149.1.7 OF THE CONSTITUTION RESERVES THE STATE EXCLUSIVE COMPETENCE ON LABOR LEGISLATION, WITHOUT PREJUDICE TO ITS EXECUTION BY THE ORGANS OF THE AUTONOMOUS COMMUNITIES.

CONSEQUENTLY, IT IS APPROPRIATE TO TRANSFER TO THE FORAL COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS POWERS IN THE FIELD OF MEDIATION, ARBITRATION AND CONCILIATION.

2. IDENTIFICATION OF THE SERVICES BEING TRANSFERRED AND THE FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

THE FORAL COMMUNITY OF NAVARRA WILL EXERCISE, WITHIN ITS TERRITORIAL SCOPE, THE FOLLOWING FUNCTIONS AND SERVICES WHICH, IN THE FIELD OF MEDIATION, ARBITRATION AND CONCILIATION, DEPOSIT AND APPOINTMENT OF REPRESENTATIVES, WAS CARRYING OUT STATE ADMINISTRATION:

(A) THE MANAGEMENT OF MEDIATION FUNCTIONS IN COLLECTIVE BARGAINING OR DISPUTES OF A WORKING NATURE. THE MANAGEMENT OF THE FUNCTIONS OF ARBITRATION OF LABOR DISPUTES, BOTH INDIVIDUAL AND COLLECTIVE, THAT EMPLOYERS AND WORKERS MAY SUBMIT TO THE ORGANS CREATED TO DERIRLAS. THE CONCILIATION PRIOR TO THE PROCESSING OF THE LABOUR MARKET PROCEEDINGS BEFORE THE LABOUR COURTS WHICH, WITH A BINDING CHARACTER FOR THE PARTIES, ESTABLISHES THE ROYAL DECREE-LAW 5/1979 OF 20 JANUARY.

B) THE DEPOSIT OF THE STATUTES OF THE WORKERS ' UNIONS, OF THE BUSINESS ASSOCIATIONS AND OF OFFICIALS, THE DEPOSIT OF THE MINUTES RELATING TO THE ELECTIONS OF REPRESENTATIVE ORGANS IN THE COMPANY AND THE DATA CONCERNING THE REPRESENTATIVENESS OF THE BUSINESS BODIES, THE FUNCTIONS INHERENT IN THE ISSUE OF CERTIFICATES OF DEPOSIT DOCUMENTATION.

C) THE DEPOSIT OF AGREEMENTS AND CERTAIN COLLECTIVE AGREEMENTS CONCLUDED BETWEEN THE COMPANY AND THE WORKERS OR BETWEEN TRADE UNIONS AND ASSOCIATIONS, AS WELL AS THOSE FUNCTIONS INHERENT IN THE ISSUING OF CERTIFICATES OF DOCUMENTATION IN DEPOSIT.

D) THE DESIGNATION OF REPRESENTATIVES IN CONFLICTS OF WORK, BOTH INDIVIDUAL AND COLLECTIVE, REFERRED TO IN ARTICLES 10 AND 146 OF THE ROYAL LEGISLATIVE DECREE 1568/1980 OF 13 JUNE, APPROVING THE TEXT RECASTING OF THE LABOUR PROCEDURE ACT.

3. SERVICES AND FUNCTIONS THAT CONTINUE TO CORRESPOND TO THE ADMINISTRATION OF THE STATE.

WILL CONTINUE TO BE EXERCISED BY THE CORRESPONDING ORGANS OF STATE ADMINISTRATION THE FOLLOWING FUNCTIONS:

A) STATISTICS FOR STATE PURPOSES.

B) THE HIGH INSPECTION.

C) THE FUNCTIONS ATTRIBUTED TO THE MINISTRY OF LABOUR AND SOCIAL SECURITY WHICH HAVE NOT BEEN TRANSFERRED.

4. CONCURRENT AND SHARED FUNCTIONS BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY AND INSTITUTIONAL FORMS OF COOPERATION.

WILL BE DEVELOPED IN A COORDINATED MANNER BETWEEN THE ADMINISTRATION OF THE STATE AND THAT OF THE FORAL COMMUNITY, IN ACCORDANCE WITH THE MECHANISMS THAT ARE INDICATED IN EACH CASE, THE FOLLOWING FUNCTIONS:

THE FORAL COMMUNITY OF NAVARRA SHALL PROVIDE THE ADMINISTRATION OF THE STATE WITH STATISTICAL INFORMATION ON THE EXERCISE OF THE TRANSFERRED FUNCTIONS, FOLLOWING THE EXISTING METHODOLOGY OR THE ONE WHICH, WHERE APPROPRIATE, THE ADMINISTRATION OF THE STATE ESTABLISH, IN SUCH A WAY AS TO ENSURE ITS COORDINATION AND INTEGRATION WITH THE REST OF THE STATISTICAL INFORMATION AT THE STATE LEVEL. THE ADMINISTRATION OF THE STATE SHALL, ON THE OTHER HAND, PROVIDE THE COMMUNITY WITH INFORMATION DRAWN UP ON THE SAME MATTERS.

5. STAFF ASSIGNED TO THE SERVICES WHICH ARE TRANSFERRED AND VACANT POSTS WHICH ARE TRANSFERRED.

I. IT WILL BE INCORPORATED INTO THE ORGANIZATION OF THE CIVIL SERVICE OF THE COMMUNITY OF NAVARRA, IN THE TERMS PROVIDED FOR IN ARTICLE 7 OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1.

THE SECRETARIAT OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION, AND SHALL FORWARD THE CERTIFIED COPY OF ALL THE FILES OF THE TRANSFERRED STAFF, AS WELL AS CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1985.

II. NO VACANT POSTS ARE TRANSFERRED.

6. PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED AND THE NET BURDEN ASSUMED BY THE COMMUNITY OF NAVARRA.

I. THE PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED BY THIS AGREEMENT AND THE NET BURDEN ASSUMED BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR 1986, IN ACCORDANCE WITH ARTICLE 6 (7).

OF REAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 38,293.5 THOUSANDS OF PESETAS, ACCORDING TO DETAIL IN THE ATTACHED RELATION NUMBER 2.

II. IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 8.

OF THE ROYAL DECREE, THE COMMUNITY OF NAVARRA ASSUMES THE FINANCING OF THE SERVICES TRANSFERRED TO IT BY THIS AGREEMENT.

7. INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE TRANSFERRED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA, WHICH ARE RECOGNIZED IN RELATION NUMBER 3 OF THE ANNEX OF THE ROYAL DECREE APPROVING THE AGREEMENT OF THE TRANSFER BOARD FOR WHICH THE SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF WORK ARE TRANSFERRED TO THAT COMMUNITY.

THE TRANSFER OF THESE GOODS, RIGHTS AND OBLIGATIONS IS CARRIED OUT IN ACCORDANCE WITH ARTICLES 9.

AND 10 OF REAL DECREE 2356/1984, OF DECEMBER 19.

II. WITHIN ONE MONTH, FROM THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE CORRESPONDING ACT OF DELIVERY AND RECEIPT OF FURNITURE, EQUIPMENT AND INVENTORIED MATERIAL SHALL BE SIGNED.

8. ADMINISTRATIVE DOCUMENTATION RELATING TO THE SERVICES BEING TRANSFERRED.

WITHIN ONE MONTH, FROM THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE DOCUMENTATION AND THE PRECISE FILES FOR THE PROVISION OF THE TRANSFERRED SERVICES SHALL BE DELIVERED, THE CORRESPONDING MINUTES OF DELIVERY AND RECEIPT ARE SIGNED FOR THIS PURPOSE.

THE RESOLUTION OF THE FILES THAT ARE BEING PROCESSED IN THE DATE OF EFFECTIVENESS OF THE TRANSFER WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

9.

TRANSFER ERA DATE.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JULY 1986.

AND FOR THE RECORD, THEY ISSUE THIS CERTIFICATION, IN MADRID ON MARCH 24, 1986, THE SECRETARIES OF THE TRANSFER BOARD, JUAN SOLER FERRER AND JOSÉ ANTONIO RAZQUIN LIZARRAGA.