Royal Decree 998/1979, of 27 April, when determining the organic structure of the Institute for Mediation, Arbitration and Conciliation, establishes, as the Board of Directors of the Institute of Mediation, the Superior Council, the Permanent Commission and the Directorate-General of the Institute, pointing out that, at the territorial level, the Provincial Commissions and the Provincial Directorates of the Institute will exist.

On the other hand, Royal Decree 1303/1981 of 3 July, amending the organic structure of the Institute for Mediation, Arbitration and Conciliation, affects the composition of the governing bodies of the Institute and, in consequence, it makes it necessary to determine the Rules of Procedure of the representative bodies, in view of the commitment made by the Government in paragraph VI.2b) of the National Employment Agreement.

In its virtue, this Ministry, making use of the authorization contained in the final disposition of the aforementioned Royal Decree 998/1979, on a proposal of the Superior Council of the Institute of Mediation, Arbitration and Conciliation, and prior to the approval of the Presidency of the Government, it has had the right to have:

Article 1. Generalities.

1. Through the Higher Council of the Institute of Mediation, Arbitration and Conciliation, and as a Steering Body it is carried out the participation of the workers, entrepreneurs and Public Administration in the direction of the Institute.

2. It corresponds to the Superior Council in the field of the Spanish State:

a) Establish the criteria and guidelines for action of the Institute for Mediation, Arbitration and Conciliation.

b) Approve the preliminary draft budget of revenue and expenditure, in accordance with the provisions of the General Budget Law and its annual liquidation.

c) Approve the annual memory of the Agency's activities for its elevation to the Government.

d) Approve the management of the Permanent Commission.

e) Adopt any decisions that are accurate in the performance of the tasks assigned to the Institute, delegating to the Permanent Commission the ones it deems relevant.

(f) The other functions which are characteristic of his or her status as a management body, and in particular the management of the Institute, without prejudice to the responsibilities of the Ministry of Labour and Social Security.

Art. 2. Composition of the Superior Council.

1. The Board of Governors shall be composed of the following members:

(a) Thirteen representatives of the most significant trade union organisations in proportion to their representativeness, appointed by the relevant Union body.

b) Thirteen representatives of the most representative business organisations, appointed by the competent bodies of the relevant business organisation.

c) Thirteen representatives of the Public Administration.

The representativeness referred to in paragraphs (a) and (b) is understood to be state level, in accordance with the legislation in force.

2. The President of the High Council shall be the Deputy Secretary for Employment and Industrial Relations and shall act as Vice-Presidents of the Director of the Institute for Mediation, Arbitration and Conciliation and the Director-General of Labour, with these three between the representatives of the public administration.

3. The appointment of the representatives referred to in paragraphs (a) and (b) of number one of this Article shall be communicated in writing to the Secretariat of the Council by the relevant Trade Unions and Business Organisations.

Art. 3. Operation.

The Board of Governors shall operate in full and shall meet at least twice a year, as well as as many times as its President, on its own initiative or at the request of a fifth of its members, and the meeting shall take place in this case within 30 days of receipt of the request.

Art. 4. Powers of the President.

Corresponds to the President:

(a) The formal representation of the Superior Council, to the simple effects of coordination and external relations, without prejudice to the provisions of Article 7.2

(b) The convening of the meetings and the fixing of the agenda, taking into account, where appropriate, the requests of the other members made in good time.

c) Chair the sessions and moderate the development of the debates.

d) Exercise their right to vote, deciding the vote in the event of a tie.

e) Agreed to the convening of the extraordinary session.

f) Visa on the minutes and certifications of the Superior Council agreements.

g) Ensuring compliance with the laws and the regularity of the deliberations.

(h) To give account, for the appropriate purposes, to the Ministry of Labour and Social Security of the agreements adopted; in case the illegality of the agreement is estimated, it will be brought to the attention of the Ministry of Labour and Social Security the purpose of the adoption of the appropriate decision.

i) How many other functions are intrinsic to your status as President of the Council.

Art. 5. Powers of the Vice-Presidents.

1. It is for the Vice-Presidents:

(a) Attend with the President to the sessions, jointly with the President and the Secretary-General, the Council Bureau.

(b) Replace with the President in cases of vacancy, sickness, absence or other causes of impossibility.

c) Exercise your right to vote.

(d) How many other functions are intrinsic to their status as Vice-Presidents of the Council.

Art. 6. Replacements, substitutions and ceases of members.

1. The Board of Directors, the Trade Unions and the business organisations represented, shall appoint the members ' alternates.

The supply must be justified in writing by the relevant competent body before the Secretariat of the Superior Council.

2. Counselors will lose their status as such by any of the following causes:

a) By death.

b) By agreement of the decision-making body corresponding to the Entity, Association or Body that it represents, communicated to the General Secretariat of the Council.

c) By resignation accepted by the corresponding Authority of the Association, Entity or Body that it represents, communicated to the General Secretariat of the Council.

d) Representatives of the Administration, when agreed upon by the Administration.

e) For any other analogous cause that prevents the performance of the charge.

3. For the performance of the functions of Directors, the Organizations represented in the General Council will be entitled to the perception of the compensation to be established by agreement of the Council of Ministers.

Art. 7. Duties of the members.

1. Corresponds to the Directors:

a) Previously know the order of the day of meetings and the precise information about the topics that are included in it.

(b) Exercise their right to vote and may record in the minutes the abstention and the reserved vote, as well as the reasons justifying it.

When they vote against, and record their reasoned opinion, they will be exempt from the responsibility that, if any, could be derived from the agreements of the collegiate body.

c) Participate in the sessions debates.

d) Formulate pleas and questions.

e) The right to the general information necessary to duly fulfill the functions assigned to the Superior Council.

To this end, they must make in writing the corresponding request addressed to the General Secretariat of the Council, showing in the same and as soon as possible how much background and documentation they need. If this is not provided, the matter will be considered at the first meeting held by the Standing Committee.

f) How many other functions are intrinsic to your status as Councillors.

2. Members shall not be entitled to the representation or powers of the Superior Council, unless expressly granted to them by agreement of the collegiate body and for each specific case.

Art. 8. From the Secretary of the Council of the Higher Council and the Permanent Commission.

1. The Secretary-General of the Institute for Mediation, Arbitration and Conciliation will act with a voice but without a vote as Secretary of the Higher Council of the Institute and the Permanent Commission.

2. The Secretariat is the only recipient of the acts of communication of the Directors with the Superior Council and with the Permanent Commission, and therefore they will have to address all sorts of notifications, acknowledgements of receipt, excuses of assistance, requests for data, corrections or any other kind of writing from which the High Council or the Standing Committee is required to be aware.

3. The General Secretariat shall provide to the members of the Board of Governors the information and technical assistance necessary for the best development of the functions assigned to the members.

Art. 9. From the Standing Committee.

1. It corresponds to the Standing Committee:

a) Run and control the implementation of the decisions of the Superior Council.

b) Develop and elevate the Annual Report, the preliminary draft budgets and its liquidation and the general lines of action for each financial year to the Council.

c) Exercise as many functions as delegated to you by the Superior Council and, in general, all those that have not been specifically reserved.

d) Propose how many measures it deems necessary for the best fulfilment of the purposes of the Agency.

2. The Permanent Commission will meet monthly, as well as the number of times its President will convene, on its own initiative or at the request of 20 per 100 of the Vocals, without the President being counted among them.

3. For each Organization represented and by the Administration, where appropriate, an expert may assist the Standing Committee to advise and be able to report on a particular topic that has been included in the agenda. Experts shall not be entitled to vote.

Art. 10. Composition of the Standing Committee.

The Permanent Commission will be integrated by:

(a) The President, the Vice-Presidents and a Vocal representative of the Public Administration.

When the President does not attend and delegate to one of the Vice-Presidents, he may also be incorporated, as Vocal, another of the group representing the Public Administration.

b) Three Vocals representing the Unions of most significance in proportion to their representativeness.

c) Three representatives of the business organisations represented in the Council.

The union and business vowels will be chosen by and between the respective Higher Council Vocals.

He will act as a voice secretary but without a vote, the Secretary-General of the Institute.

Art. 11. Special committees.

The Superior Council and the Permanent Commission may constitute special commissions, subject to the same criteria of representative and organic composition established for the Permanent Commission, assisted, if any, by persons experts. These committees may request, through the General Secretariat, how many reports and opinions they deem to be accurate for the purpose.

They will have the ability to carry out studies and proposals on specific or monographic topics.

Art. 12. Call

1. It is for the Secretary-General of the Institute to carry out, in order of the respective President, the appropriate notifications and citations.

2. The calls shall be made in writing and by the most appropriate means to ensure that they are properly received in advance, which shall be eight working days for ordinary sessions and five working days for extraordinary sessions. However, the President may, in case of special urgency and indefatiable need, alter that period, provided that he guarantees to the members the prior and sufficient knowledge of the calls.

3. The calls must communicate the day, time and place of the meeting to be held, as well as the agenda, and include, in any case, the appropriate documentation for prior study.

4. The citation for the first call will include the second one.

Art. 13. Order of the day of the session

1. The agenda for the ordinary sessions shall contain the reading and, where appropriate, the approval of the minutes of the previous sitting, as well as the other points agreed by the Presidency.

2. No matter which is not included on the agenda may not be the subject of an agreement unless all members of the collegiate body are present, and the urgency of the matter is declared by the majority vote.

3. The order of the day of the sessions which shall be convened in an extraordinary manner shall contain the items proposed by the President or, where appropriate, by the members who have requested it.

4. The Standing Committee may agree to the inclusion of cases on the agenda of the ordinary sessions of the Superior Council, on a proposal signed by the 20 per 100 of the members.

Art. 14. From the meetings of the Superior Council and the Permanent Commission.

1. The High Council and the Standing Committee shall be validly understood when at least two-thirds of the members of the Board of First Call or one-half of its members are at least one of its members.

2. The agreements will be adopted by an absolute majority of the assistants and will lead to the vote of the president.

However, in order to approve the preliminary draft budget and the Annual Report and to draw up the Institute's criteria for action, as well as the motions which may be submitted and which refer to the previous questions, will require the vote of the absolute majority of the members of the Superior Council.

3. The vote will be individual and secret, unless there is a clear unanimity among the members on the proposed issue.

4. A record shall be drawn up for each sitting, containing the indication of the persons in attendance, the persons involved, the circumstances of the place and the time at which it was held, the main points of the deliberation in a succinct and substantial, the form and results of the vote and the content of the agreements.

In accordance with Article 7 (1) (b), the members of the Council may, acting on the basis of their vote contrary to the agreement adopted, or their abstention, and the reasons for which they do so.

The minutes shall be drawn up and signed by the Secretary-General, with the approval of the President, and shall be adopted in the following session, accompanied in this second case by the corresponding text of the minutes to the call.

5. Any member of the Superior Council, including the Secretary-General, has the right to request the full transcript of his speech at each session, provided that he provides the act with the written text that corresponds accurately and faithfully with his intervention, thus being recorded in the minutes and joining the written copy of the document.

Art. 15. From the Provincial Commissions.

1. It corresponds to the Provincial Commissions of the Institute of Mediation, Arbitration and Conciliation:

a) To know the agreements of the Permanent Commission and the Superior Council.

b) Review and verify the implementation, at the provincial level, of these agreements.

c) To propose, where appropriate, how many measures, plans and programmes are necessary for the improvement of the measures in their territorial scope. The proposals will be moved by the Secretariat of the Superior Council for knowledge by the Standing Committee.

d) To provide information and to formulate, in relation to its scope of action, proposals and considerations to the Superior Council, for the elaboration of the Preliminary Draft Budget.

e) Know and control the development of plans and programs established at the provincial level.

f) To monitor and control the average duration of the Institute's processing and actions, at the provincial level.

g) Perform as many control and surveillance missions are entrusted to them by the Superior Council.

h) Issue a semi-annual report of its activities for elevation to the Higher Council.

2. The provisions of this Regulation for the Superior Council shall apply to the Provincial Commissions, in accordance with Article 4.; 6. Numbers 1, 2 and, where applicable, number 3. 7.; 8., numbers 2 and 3; 11, 12 and 14, all being transferred to the provincial level.

3. The Provincial Committees shall meet monthly in ordinary session and, where necessary, in the judgment of their President or at the request of one third of their members, in extraordinary session, to be held within 15 days of the receipt of the application.

4. The agenda for the sessions shall contain the reading and, where appropriate, the approval of the previous act, as well as the other items agreed by the Presidency or requested, at least eight days in advance, by a third of its members.

Art. 16. Composition of the Provincial Commissions.

The Provincial Commissions of the Institute for Mediation, Arbitration and Conciliation shall be composed of:

(a) The provincial director of the Ministry of Labour and Social Security, who will be its president.

b) Three representatives of the Public Administration, one of whom will be the Director of the Institute in the province, who will serve as the Vice President of the Commission. The other two Vocals will be appointed by the Under-Secretary for Employment and Industrial Relations.

c) Three Vocals by the most representative business organizations.

d) Three Vocals representing the most significant trade unions in proportion to their representativeness.

The representativeness referred to in paragraphs (c) and (d) shall be understood in the form set out in the last paragraph of Article 2 (1) of this Regulation.

He will act as Secretary, with a voice but without a vote, that of the Institute's Directorate in the province.

Art. 17. The provisions of Chapter II, Title I of the Administrative Procedure Act of 17 July 1958, shall apply to the provisions of these rules.

Madrid, April 16, 1982.-RODRIGUEZ-MIRANDA GOMEZ.