Update 3 | Doctors register industrial dispute, file judicial protest

The Medical Association of Malta has registered an industrial dispute with the Ministry for Health over alleged non-compliance of the current collective agreement.

In a separate action, the MAM also filed a judicial protest on the renewal of the collective agreement of the University of Malta’s academic staff.

MAM lodged a judicial protest against the University of Malta the University of Malta Academic Staff Association (UMASA), and the Malta Union of Teachers (MUT).

Negotiations on the renewal of the collective agreement of the academic staff of the University of Malta are ongoing between the University, the MUT and UMASA. However, the Medical Association of Malta has taken exception at this, and has insisted that it should not be sidelined because it has a right to negotiation on behalf of the academic staff at the University.

“The MAM has a right by law to represent the academic staff at the University of Malta, and it has a right to be part of the negotiations of the collective bargaining process.”

Signed by lawyer Robert Abela, the judicial protest is also stating that the MAM is being discriminated against because it is being excluded from negotiations.

“It is inconceivable that the University of Malta is negotiating with UMASA and excluding MAM from negotiations. The University of Malta is discriminating against MAM because it is excluding it from negotiations.”

 “The negotiations between University of Malta, UMASA and MUT are abusive and illegal and violate the rights of the academic staff at the University of Malta.”

Moreover, the MAM said that if the collective agreement is concluded and signed, it will attack its validity, arguing that UMASA and MUT do not have a right to sign on behalf of all academic staff at the University.

MAM also argued that it has over 400 members who form part of the academic staff at the University of Malta, while UMASA represents only 293 members. 

MAM registers industrial dispute with Health Ministry

Earlier today, the MAM also registered an industrial dispute with the Ministry for Health with immediate effect.

The doctors are saying that the government is not complying with the current collective agreement, including in the implementation of career progression for the grades of BSTs, HSTS, and Resident Specialists and the non‐implementation of extra sessions for Resident specialists.

The government is reportedly not conforming with the expression of interest for relief of night duties at health centres, and 
the continued requirement of the 5‐8 shift after night shift despite its manifest illegality.

MAM said that a number of doctors at the Gozo General Hospital and retired consultants have not been paid according to the current collective agreement.

The association also added that despite the hospital requires an urgent call for consultant posts, these calls have not been issued.

The list of directives issued to members will be delivered on Monday 4 August.

Nurses and midwives accuse doctors’ union of ‘hypocrisy’

The Maltese Union of Midwives and Nurses (MUMN) accused the Medical Association of Malta (MAM) of “hypocrisy”.

“MAM always stressed that the [Health] unions should avoid directives so as not to affect the patient’s health. The same union is declaring an industrial dispute which will negatively affect patient care,” the MUMN said.

Referring to MAM’s request to represent the Medical School’s academic staff, MUMN said the law stipulates that employers, including the University and the Maltese Government, only need to negotiate with unions officially recognized as representing the majority of the workers in that sector where issues of collective agreement are concerned.

Since the MAM do not represent the majority of University lecturers, the MUMN said that they have no legal right to negotiate on a collective agreement that concerns the entire academic staff of the University.

“MAM is now expecting that the University goes against industrial law by stomping its feet and acting as a bully,” the MUMN said.

MUMN President Paul Pace, to further explain the situation, said nurses working in the Faculty of Science are MUMN members but this does not entitle the union to be part of the negotiations for the collective agreement for the university lectures.

“MAM should have sought legal advice on industrial matters and should have been aware that having the majority of doctors serving in the medical school as members (which medical school possess a small fraction of academics at the University) does not give you the right to be on the negotiation table of a collective agreement concerning the academic staff of the whole University. This principle applies to all unions in all sectors,” Pace said.

MUMN accused MAM of using pending issues with the Health Division “to put pressure” on the University of Malta.

UMASA general assembly ‘strongly condemns’ MAM’s actions

In a statement, the University of Malta Academic Staff Association (UMASA) said its members unanimously voted in favour of a motion proposed by one of its own members at their Extraordinary General Meeting held on Wednesday, the 30th of July 2014.

“The motion stated UMASA’s general assembly strongly condemns The Medical Association of Malta (MAM) eleventh hour attempt to derail the legitimately negotiated collective agreement for the academic staff at the University of Malta, when it is clear that MAM does not enjoy representation at the University of Malta according to Maltese law,” UMASA said.

“The general assembly is especially disappointed in noting that this attempt came from a fellow professional association.”

University says academic staff represented by UMASA, MUT

In a statement, the University of Malta said the unions recognised to represent academic staff working at the University and the Junior College are UMASA and MUT.

“This representation covers all academics irrespective of their discipline and irrespective of the Faculty, Institute, Centre or School they belong to. All academics are thus treated equitably in accordance with the Collective Agreement agreed upon with the recognised unions. They have had every opportunity to give their feedback and suggestions to the recognised unions during the course of the negotiations of the Collective Agreement,” the University said.

“It is absurd for MAM to declare an industrial dispute with the University on the basis that they claim to represent the majority of the academic staff working at the Medical School. It is important to note that the Medical School is not a legal entity in its own right, in fact it does not exist statutorily.”

The University said the Medical School is merely the name traditionally used to refer to the Faculty of Medicine and Surgery and the Faculty of Dental Surgery collectively.

“A claim for representation by a Union can only be entertained on the basis of the University as a whole and certainly not on the basis of an individual faculty, or a group of faculties, which have no legal ‘persona’ in their own right.”

The University said it held all academics working in the Faculty of Medicine and Surgery and in the Faculty of Dental Surgery in the highest esteem and categorically refuted MAM’s claim that it was treating medical doctors unfairly.

“Indeed it has gone to great lengths to formally recognise clinical teaching conducted at the bedside as well as tutorials, seminars and lectures.”

“Of course, if MAM wishes to bring specific anomalies that may exist to the attention of the University then it can do so either by referring the cases to UMASA and MUT, or else to encourage academics who also happen to be their members to contact the University administration directly. The University will look into each case brought forward individually in the spirit of fairness and equity. The University seeks no dispute with MAM nor with any academic who happens to be a member of MAM.”