Calvià Daily

The TSJB (Balearic Islands Supreme Court of Justice) has rejected the contentious made by UGT against the Calvià Town Hall, with regards to the Local Police Headquarters Resolution through which the establishment of the police officers working shifts, was agreed for the period of June 2009. The sentence´s final judgement is unappealable.

The court resolution passed by the TSJB, definitively clarifies, the controversy which has been existing for four years, about the Civil Servants Agreement interpretation, with regards to the services rotation, specially during the weekend shifts and the way of distributing them, taking into consideration the service necessities, the general interests, the general nature of the shifts rotation and the Administration´s selforganization legal authority.

In the TSJB sentence states that, from the interpretation of the established working shifts, “it is to be highlighted that, the dictated regime between the parts is established with a general nature, which allows that in certain circumstances, mentioned rotatory regime could be altered with the maximum limit of the annual count subscribed between the parts which under no circumstance can be overcome". 

The sentence continues with its statement saying that "the administration has the obligation of giving coverage to the services and therefore can organize the police contingent and the material and human resources in a way which sensibly is more convenient for the fulfillment of the general interests and service". The TSJB considers that the interpretation of the timetables with "absolute strictness and without attending to the general nature terms, will mean a situation of carelessness of the police service during the Summer time or an excessive cost for the municipal coffers for the attention of mentioned police service, through the employment and equipment of 80 new police officers with an approximate cost of 4,5 million euros". In this sense, the Court states that "the sensible use of that police contingent in an interpretation, in agreement with the negotiation, in the so mentioned Work Conditions, allowing the flexibility of the staff and the coverage of the service during the whole year, is what has to show the administration, and that is what it has done". 

These facts were the outcome of strong protests, organized by the trade unions, specially by UGT, in previous years.

The Town Hall shows its satisfaction for the TSJB´s favourable and final judgement, being this time, the second time approving the Town Hall´s appeal, as within the first request, the TSJB was in agreement with regards to the provisional suspension of the working shifts and now the TSJB has done it for the second time, once and for all. Four years have been necessary for the TSJB to totally accept the Calvià Town Hall´s criteria defended, regarding the general nature of the rotation of the weekend shifts, against the exposed and repeatedly publicized opinions of the UGT trade union, but finally it has been demonstrated that the Police Headquarters and the Town Hall have not "broken the work conditions agreed in the subscribed Agreement” as the sentence states.

To consult the entire sentence, press here.