Court throws out MUT request for injunction

A court has rejected an application for an injunction, filed by the Malta Union of Teachers, preventing the Foundation for Educational Services from negotiating a collective agreement with the UHM, describing it as “premature”.

The two unions had been arguing over who was entitled to represent child carers in negotiations relating to a new collective agreement. The MUT had filed a lawsuit against FES, the Education Ministry and the Union Haddiema Maghqudin claiming that it had been excluded from discussions on the new collective agreement, in spite of it requesting recognition.

The teachers’ union had accused the UHM, together with the ministry for employment and education and the Foundation for Educational Services (FES), of exchanging personal information relating to newly employed child carers in order to recruit new members and claiming to represent the majority of child carers.

The UHM had rebuffed the accusation, saying that carers employed by the FES were covered by the collective agreement negotiated by the UHM on behalf of all FES employees.

The two unions had both presented lists of child carers and how many of them were their members but the figures did not tally.

Judge Joseph Zammit McKeon however pointed out that it was not up to the court to carry out a verification exercise to establish which union represented the majority – there were other means for this to be established.

The judge held that the request for an injunction was premature and should have been filed after informing the authorities of its claim of representing the majority of child carers.

Zammit McKeon said that there was no legal obstacle to discussions on the new collective agreement continuing while the verification exercise was underway.

Lawyer Ian Spiteri Bailey represented the UHM while lawyers Michael and Rebekah Tanti-Dougall appeared on behalf of the MUT.