The Union of Professional Educators (UPE) is compelled to formally register a trade dispute in response to alarming issues arising from the Sectoral Agreement signed by the Government of Malta and the Malta Union of Teachers (MUT) on July 15, 2024. This was precipitated by a comprehensive review of the Agreement, which has revealed numerous conflicts with established regulations and fundamental rights.

 Issues with the Sectoral Agreement

One of the most contentious clauses within the Sectoral Agreement pertains to the stipulations that restrict union activities within workplaces—raise significant concerns regarding fair representation and the ability of other unions, such as the UPE, to operate effectively.

 Breach of Regulations

The UPE firmly contends that these provisions breach the Public Service Management Code (PSMC), which clearly outlines the rights and responsibilities of public employees as it relates to union activities. Article 6.5 of the PSMC emphasizes the need for reasonable facilities for all union representatives to perform their duties.

Moreover, the circumstances surrounding the signing of this Agreement suggest a flagrant disregard for internal regulations. The PSMC, last updated on January 10, 2024, remains in effect and should have governed this Agreement. Therefore, the government’s actions at the time of signing raised immediate red flags regarding compliance with its own established codes.

 Findings and Recommendations

The actions of the Ministry of Education and the Directorate for Educational Services (DES) toward the UPE have been scrutinized, notably following a 2021 opinion from the Honourable Chief Justice, Vincent A. De Gaetano. The Chief Justice endorsed the UPE’s complaints regarding systemic barriers preventing union representatives from exercising their rights. His findings underscored a clear pattern of discrimination against the UPE, affirming the need for equitable access to facilities and opportunities for all unions. The agreement disregards the Ombudsman’s final ruling. 

 Violation of Constitutional and Human Rights

Furthermore, this situation appears to contravene the Constitution of Malta, notably Article 42, which guarantees the right to peaceful assembly and association. Additionally, it transgresses the European Convention on Human Rights, particularly Article 11, which safeguards the right to organize and partake in union activities.

 Directive Measures

In light of these serious violations, the UPE will be implementing the following directives effective from Friday 25th October 2024:

1. KGE reliever members of the UPE are not to go into kindergarten classes to support other KGE’s, other than to replace class KGE’s who are on sick leave, special leave, or during curriculum time. 

2. KGE reliever members of the UPE are not to perform the duties of a Learning Support Educators (LSE).

3. Primary school teachers (Year 1 to Year 4) who are members of the UPE and do not have the support of a Learning Support Educator (class assistant) with a class of 18 students are:

a. Not to set any homework

b. Not to go on school outings

c. Not to submit or disseminate academic reports and other documentation (excluding IEP documents) to parents or school management.

4. KGE’s (KG 1 & KG 2) members of the UPE who do not have the support of a Learning Support Educator (class assistant) for a class of 12 students in Kinder 1 and 14 students in Kinder 2 are:

a. Not to engage in academic work in class

b. Not to go on school outings

c. Not to submit or disseminate daily updates/reports and other documentation (excluding IEP documents) to parents or school management.

5. Members of the UPE are not to attend IEP meetings. They are only to compile the IEP documents.

6. Members of the UPE are not to distribute any publications, except for official government-approved textbooks.

7. Members of the UPE are not to collect money for any publications

8. LSE members of the UPE are not to communicate with parents (with the exception of non-verbal students).

The UPE is unwavering in its commitment to ensure that the rights and interests of its members are upheld. The registration of this trade dispute is a necessary step towards challenging unlawful practices and reaffirming the significance of equitable representation for all educators in Malta.