Court Allows Malta’s Teachers To Go On Strike, After A Rival Teaching Union Tried To Stop Them
Malta’s courts have quashed an attempt by the country’s majority teachers union to stop the minority teachers union from issuing directives to its members.
The Malta Union of Teachers, for decades Malta’s only teachers union, had filed a warrant of prohibitory injunction against the Union of Professional Educators last month after the minority union ordered its members to go on strike.
The issue revolved around a new regulation which resulted in newly graduated LSEs being placed on a higher salary scale than LSEs who had been working for a few years.
After negotiations with the government failed, the MUT issued directives to LSEs on 15th October. Two days later, the UPE went a step beyond and issued the same directives, as well as additional ones, not only to its LSE members but to all its educator members.
The MUT responded by filing a warrant of prohibitory injunction, with its president Marco Bonnici arguing that the UPE’s directives were hindering the MUT’s negotiating strategy with the government.
However, UPE executive head Graham Sansone countered that his union, although it may not represent the majority of Malta’s teachers, has every right to issue directives to its members.
MUT President Marco Bonnici (left) with Education Minister Evarist Bartolo (second from right)
Judge Joseph Zammit McKeon today ruled in the UPE’s favour, stating the the MUT cannot expect to have the right to stop the UPE from defending its own members so long as these actions don’t impinge on the MUT’s right to negotiate collectively for educators.
“ As Marco Bonnici said, the issue is solely one of strategy, with the MUT concerned that the UPE’s actions have weakened its own negotiating strategy,” the judge said. “The court views this as a wholly subjective understanding which hasn’t been objectively proved. If the issue is about strategy, then the MUT can adapt its strategy according to the circumstances. Sometimes strategies must change from one day to the next, if not from one hour to the next. This doesn’t mean that confusion is being caused as the MUT is alleging.”
Following the court decision, the UPE pledged to re-introduce its directives from tomorrow.
“Friends, our directives are there to benefit you, follow them and do so with no fear, no one can harm you in any way,” Sansone said.
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