The leader of the Union of All Educational Workers (Stop) said on Wednesday that the opinion of the Prosecutor General’s Office (SPR) on the legality of strikes is “nothing for the Ministry of Education” (MO).
André Pestana spoke to reporters at the end of the first meeting of the fifth round of talks at the Ministry of Education in Lisbon between the government and trade unions on a new recruitment and placement model for teachers.
According to the director, the PIU’s conclusion, requested by the MoE, “is a trifle for the Ministry of Education,” which “cut the information.”
Pestana proceeded on the basis that the union’s “legal department” was “analyzing” that the strike called by “Stop” was not offensive and that “there is no evidence that it is illegal”.
“The right to strike is an individual right,” he stressed, arguing that “a worker who goes on strike can change his mind and return to work.”
André Pestana said that, following the PGR’s view, Stop’s leadership will convene, considering calling a press conference on Thursday to further reveal the union’s assessment of the document.
In January, the DOE asked PGR for a non-binding opinion on the legality of strikes called by the Stop and the Independent Union of Teachers and Educators (SIPE).
The “Stop” strike began in early December and continues to this day, the union gave advance notice of this until March 10th. The SIPE strike in the first half of classes began in January and has already ended.
In a statement released this Wednesday, ME said PGR believes there is a discrepancy between strike notices delivered to the ministry and information provided to Stop teachers.
According to the ministry, the conclusion points to “a discrepancy between previous strike notices sent to the Ministry of Education, which stated that the strike would correspond to the daily working day,” and information provided to teachers by the Stop organization, which, on its “website,” stated that “teachers can determine the specific length of the period during which they join the strike, making it in these cases a strike with similar characteristics to those of a ‘self-service’ strike”.
“The holding of a strike within the specified time limits and to the detriment of prior notice affects the relevant legality of the exercise of this right,” the ministry stressed, citing the opinion, noting that it “will be approved”, therefore “the execution of the strike must respect the notices submitted by trade union organizations, in accordance with legislation that covers the right to strike as a fundamental right of workers.”
According to PGR, the discrepancy between what is mentioned in the strike notices and the information provided to Stop teachers “may, in extreme and exceptional cases, be considered offensive and, as such, illegal.”
However, he understands that “he cannot conclude (…) that there is an offensive strike”, and the judiciary must check for any illegality.
The ME statement does not mention the SIPE strike.
The fifth round of talks on a new teacher recruitment and placement model, which has drawn strong opposition in schools since late last year with strikes, protests and several nationwide demonstrations, continues with a new meeting on Friday.
Education Minister Joao Costa announced that this would be the last round of negotiations on the issue.
Author: Portuguese
Source: CM Jornal
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