summary
Union elections planned for the personnel who are services in the field of General Administration, in the terms of the provisions of Royal Legislative Decree 5/2015, of October 30, which approves the revised text of the Statute Law Basic of the Public Employee, in the consolidated text of the Law of the Statute of Workers, approved by Royal Legislative Decree 2/2015, of October 23, and in Law 9/1987, of June 12, of Representation Bodies, Determination of the Working Conditions and Participation of the Personnel at the Service of the Public Administrations, it is necessary to establish some rules of action by the Autonomous Administration that facilitate the practice of the electoral process.
By Agreement of the Government of Aragon of March 6, 2002, the distribution of competences in matters of management of trade union elections was carried out in the field of the Administration of the Autonomous Community of Aragon, corresponding to the Minister of Economy, Finance and Employment , at the proposal of the competent bodies for the management of the electoral process, issue the rules of general application for all public employees, representatives of the Administration at the polling stations and members of the polling stations, for the proper development of the electoral process.
In this sense, the Decree of August 5, 2019, of the President of the Government of Aragon, which modifies the organization of the Administration of the Autonomous Community of Aragon and assigns powers to the Departments, attributes the Department of Finance and Public Administration all the powers of the previous Department of Finance and Public Administration except the power in matters of European funds, which corresponds to the Vice-Presidency, and with the Agreement of the Government of Aragon of March 6, 2002, corresponds to the head of the Department of the Treasury and Public Administration the competence to dictate the norms of general application for the group of public employees, representatives of the Administration in the tables and members of the electoral tables, for the adequate development of the electoral process.
On the other hand, the Agreement of the Government of Aragon of April 15, 2008, which modifies the first section of the Agreement of March 6, 2002, attributes powers for the management of trade union elections to the General Director of the Public Function and Quality of the Services in relation to the field of General Administration of the Administration of the Autonomous Community of Aragon.
Accordingly, I resolve:
First.- Coordination.
1. The General Directorate of Public Function and Quality of Services act as the coordinating directing center for administrative action in union electoral matters.
2. The General Director of the Public Function and Quality of Services will appoint a coordinator in each of the three provinces for their respective representative bodies that will exercise the functions assigned in this Order, such as harmonizing the Action Criteria. of the Administration and resolution of doubts that may arise in the various existing electoral units in their field of action.
3. The coordinators will assume the relations of the Administration with the Boards, being recipients of the communications that the latter must send.
4. The coordinators will leave a written record, stating the date and receipt, of the formal communications that they will maintain with the polling stations. Such prescriptions will not be necessary in the mere clarifications and in the resolution of doubts, except as required by the Board.
5. The General Director of Public Function and Quality of Services will designate the representatives of the Administration in the various polling stations.
Second.- Electoral censuses.
1. The personnel censuses, in addition to being delivered to the members of the polling stations, will be displayed on the bulletin boards of the work centers, being able to present to the interested parties, during the exposure period, the claims that they deem arisen by the procedure established in the second section of this article.
2. Such claims may be submitted through the Employee Portal or to the email address [email protected].
3. After the deadline for submitting claims, they will be forwarded to the Coordinating Boards that will make the appropriate corrections, forwarding them to the Election Boards and to the Trade Union Organizations with representation in the functional area in question.
4. The provincial coordinator provides support and collaboration to the Coordinating Boards in all their functions, especially with regard to the preparation of provisional and final censuses.
Third.- Incidents.
The coordinating tables will communicate to the corresponding polling stations any rectification or update that must be made in the electoral censuses after what is established in the previous article.
Fourth.- Act of voting.
1. They will have the right to exercise the act of voting on the sealed day and at the polling station where the public employees who, properly identified, are effectively included in the electoral roll are assigned.
2. Those civil servants who are not included in the electoral roll will also have the right to vote because their incorporation or registration date in the Administration is after the end of the deadline for submitting claims to the electoral roll. In this case, they will tend to present a certificate issued by the competent body in personnel matters, at the polling station that corresponds to them based on the work center to which they are attached, and provided they meet the rest of the necessary requirements to be a voter.
Fifth.- I vote by mail.
Communications of the desire to vote by mail, which are even sent to the polling stations before they are set up, will be collected by the coordinators who will deliver them to them as soon as they are set up.
Sixth.- Permits.
1. The time necessary to attend the meetings of the polling stations by their components and representatives of the Administration shall be considered effective working time. The same will consider tender the time dedicated to the electoral process on the day of the vote.
For this purpose, by means of a justification issued by the Electoral Board and which must be delivered to the Personnel Unit of the Center where the service is requested, compensation for the excess working hours is made, which must be made effective the week following the causal event.
2. Given that participation in union elections can be considered as the fulfillment of a public duty, the following paid leave will be granted:
- a) Full-time, from the definitive proclamation of the candidacies until the end of the electoral campaign, to one member per province of each Trade Union Organization, included in the candidacy that it chooses, designated by the presenter of the same.
- b) Full-time on the day of the vote to the Auditors and Representatives of the candidacies.
- c) The time necessary to exercise the right to vote for voters in general, being able to require proof of the fact of the vote issued by the specific polling station in which the vote is carried out, when it is located outside the workplace .
- d) In cases such as the coincidence of the employee's working hours with the general voting hours is less than an hour and a half, and they vote in the same location of destination, enjoy a half-hour reduction in their working hours; if you are in a different location, enjoy one hour of reduction in hours. For the reduction in hours, which will be effective at the time of entry to work, you must present a receipt issued by the Polling Station of having voted. This compensation is made in such a way and at the time that the provision of the service is always guaranteed.
Seventh.- Compensation.
1. The indemnities for service and that is justified by the components of the Boards and Representatives of the Administration in the same are subscribed, charged to the budget of expenses of each Department, by means of a certification issued for that purpose by the corresponding Coordinator.
2. All those people who will have to spend to cast their vote will be paid for travel expenses, such as expenses derived from voting by mail. This compensation will be charged to each of the Departments, upon presentation of proof of having voted, issued by the competent Electoral Board.
3. The activity carried out on the day of the vote by the components of the Boards and Representatives of the Administration will be subject to compensation for the service in the account that the Government of Aragon, through certification issued by the corresponding Coordinator.
4. Likewise, the personnel of the Administration of the Autonomous Community of Aragon in charge of managing the electoral process, who, due to it, have to work hours in excess of their daily or weekly workday, will receive the corresponding hourly compensation.
Eighth.- Personal and material resources.
1. The Administration of the Autonomous Community of Aragon provides the personal and material means that allow the constitution and operation of the electoral tables, as well as the adequate development of the entire electoral process.
2. It also has available the standard models of forms, ballots and envelopes, making them available to those who will have to use them.
Ninth.- This will take effect from the day of its publication in the Official Gazette of Aragon.
