AOb demands the court to disclose secret letters in salary space
De AOb today demanded in court that the Ministry of the Interior make the space letters public. These are 'secret letters' stating how much room for wage increases the government is making available to employers. “Now the government always remains in the wings,” he said AObdirector Douwe van der Zweep in court. "It leads to fog and delays in negotiations. And it does not suit an independent sector."
The Central Netherlands District Court. Image: Rechtspraak.nl
Previous requests from the association to make the letters public under the Open Government Act (Woo) were rejected by the Ministry of the Interior and Royal Relations (BZK). That is why both parties were in court today at the Central Netherlands court. It is the first time that an independent judge has considered the case.
Backlog
The 'secret letters' should be made public to everyone, according to the AOb. These letters state what the government contribution is for employment conditions. The ministry only shares these letters with employers in education. During the negotiations, the unions do not know how much wage room the government will make available and it remains unclear whether school boards actually use this room for wage increases for salaries. It puts the unions at a disadvantage. In 2019 spoke a majority of the House of Representatives also expresses the wish that the minister makes the letters public.
Van der Zweep: “We want to have a normal consultation. Keeping the letters secret worsens the negotiations. The question is therefore whether the government takes our consultations seriously.” It is also important for the social debate, because in this way it is difficult to reconstruct what the government 'has left' for educational staff. "You want to be able to talk about that, especially in times of teacher shortages.”
Keeping the letters secret worsens the negotiations
Fair play
Woo expert Roger Vleugels also spoke on behalf of the AOb. He called it 'curious' that a hearing was necessary. “It is at odds with what the Woo is, this should be public for everyone. In the past, the minister himself negotiated wages with the unions, but now the government is the information provider for one of the collective labor agreement parties. There is arbitrariness and this is not fair play.”
House of cards
The judge asked the BZK representatives what happened. “Labor relations have changed, why are employees not allowed to know what is in that letter,” the judge wanted to know. Why is the position of employees so different from that of employers? At the BZK they absolutely do not want to make the letters public. “We cannot simply make changes to the system,” says the BZK lawyer. “Then the entire labor relations system collapses like a house of cards. Then there is actually no 'system' anymore.”
Labor relations have changed, why are employees not allowed to know what is in that letter?
The fear is that the unions will be able to calculate everything, which will create 'upward pressure', according to a ministry employee. If disclosure shows that three years ago, for example, there was 2 percent wage room and at the time teaching staff only received 1 percent, they will come back with the statement that 'they are still owed something'. The percentage for 2026 can also be calculated precisely, which means that there is always a lower limit at the consultation tables. “And this is not just about education, but in all government sectors,” said another BZK colleague during the hearing. He mainly mentioned the financial interest of the state. “This is not about peanuts,” says a BZK employee.
De AOblawyer believes that the opposing party is painting a 'doomsday scenario'. “There is no legal basis for withholding these letters from employees if you look at the Woo.” Van der Zweep calls for the employment conditions consultation to be taken seriously. “Again: remove the shadows.”
The judge will make a ruling in 6 weeks, no later than May 9, 2024.
