The tribunal upheld the appeal filed by the Sipan union, ruling the decree "not in accordance with the law" and ordering the City Council to pay 600 euros in costs. The ruling reaffirms the voluntary nature of overtime hours, as stipulated in the regulatory agreement in effect since 2016.
The judicial decision comes amid a labor dispute between the City Council and the Local Police concerning changes in productivity and work shifts. Faced with insufficient volunteers to cover the race, the mayor issued the decree to ensure police presence.
The court, in its ruling on June 3, considers the Padre Marcelino race, an annual event, not to be an unforeseeable occurrence and therefore should have been planned in advance. The judgment echoes arguments from a previous ruling concerning Granada's Half Marathon.
Extraordinary services are always voluntary, as stated in the regulatory agreement itself.
Sipan points out that this is the second time a decree for mandatory service for events has been overturned by the courts recently, bringing the City Council's costs in legal judgments related to the Local Police staff to five in three years.
