The platform of nine trade union organizations announced on Friday that it would appeal to the Court of Appeal after the ruling of the Court of Arbitration, which declared minimum provisions for the teachers’ strike in assessments.
The trade union platform that integrates the National Federations of Education and Teachers (FNE and Fenprof) met this Friday and decided that it will proceed with the appeal to the Court of Appeal “so that it can rule on the legality of the minimum services declared ” .
The decision of the Tribunal, known on Tuesday, refers to the strike for evaluations declared by the nine union organizations between 9 and 16 Junelike assessment strike declared by the Union of All Education Professionals (Stop) between 12 and 16 June.
Unions have also already appealed to the court for minimum service in 2018 in relation to an assault charge, which the Court of Appeal has ruled as illegal; similar recent decision regarding several strikes in February and March.
In rulings announced in May, the Lisbon Court of Appeal stated that “the right to strike can only be sacrificed in the minimum necessary”. In the case of the education sector, “it is limited to the activities of final assessments, examinations or tests of a national nature to be taken on the same date throughout the national territory”.
However, the judges understand that this circumstance does not occur, so “it is illegal to set minimum services”.
On the side of the platform, the teachers’ representatives added in a statement this Friday that they will also try to “reach the Constitutional Court to rule on the constitutionality itself, not only of the minimum services, but of the law itself in this case”.
“The minimum services being issued go beyond what is required by law, it seems more like we are dealing with a “civil request,” they write, accusing the arbitration boards of “admittedly, disrespecting existing jurisprudence” .
At this Friday’s meeting, the teachers also decided to maintain the strikes for the 2nd year assessment tests, between June 15 and 20, and pledged to “start the debate on the continuation of the struggle at the beginning of the academic year” , if the government does not comply with the requirement to restore service.
“Given the lack of political will on the part of the government and the Ministry of Education to negotiate solutions to the problems affecting teachers and schools, they believe that the struggle of teachers cannot and will not stop,” the statement said.
Source: DN
