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Right to strike (519, 520, 521, 522, 523,-666)

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Keywords: Right to strike
Total judgments found: 8

  • Judgment 3786


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge a decision of the Administrative Council introducing provisions in the Service Regulations for permanent employees regulating the right to strike.

    Judgment keywords

    Keywords:

    right to strike;



  • Judgment 3369


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the application of deductions to her dependant’s allowance for participation in a strike and the amount deducted from most elements of her remuneration.

    Judgment keywords

    Keywords:

    deduction; right to strike; strike;



  • Judgment 2494


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants were issued a reprimand on the grounds that they had participated in industrial action which management considered to be unlawful and for abandoning their post in the course of their shift. "Considering Eurocontrol's special missions relating to the safety of air navigation, the right to strike - the lawfulness of which is not disputed - must not lead to sudden stoppages of activity such as occur when shift work is abandoned. The complainants do not deny the charges made against them in this respect. The Tribunal therefore considers that, while the first ground mentioned by the Agency - namely, participation in unlawful strike action - could not legally justify the contested disciplinary measure, this second ground did justify a penalty."

    Keywords:

    abandonment of post; acceptance; censure; complaint allowed; complaint allowed in part; disciplinary measure; enforcement; grounds; limits; right to strike; strike;



  • Judgment 2493


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."

    Keywords:

    applicable law; collective rights; competence; complaint allowed; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;

    Consideration 11

    Extract:

    The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. "[I]f it were a work stoppage not involving unlawful actions, the question arises as to whether the Agency could, in view of the provisions of Article 11 of the Staff Regulations whereby an official is bound to ensure the continuity of the service and must not cease to exercise his functions without previous authorisation, deem participation in the collective action by the officials in question to be unlawful. Without overlooking the fact that a strike will necessarily affect continuity of service, the Tribunal considers that, if the answer to that question were yes, it would in practice deprive of all substance the exercise of a right, the existence of which the Agency does not deny and which, according to the case law, is lawful in principle (see, for instance, Judgments 615 and 2342 of the Tribunal). To make the exercise of that right conditional on obtaining leave of absence would clearly be incompatible with the principle itself, the necessary corollary of which is the freedom of officials to follow or not to follow a call to strike duly issued by their representative organisations."

    Reference(s)

    Organization rules reference: Article 11 of the Staff Regulations governing officials of the Agency
    ILOAT Judgment(s): 615, 2342

    Keywords:

    collective rights; complaint allowed; condition; consequence; continuance of operations; disciplinary measure; freedom of association; general principle; provision; right to strike; staff member's duties; staff regulations and rules; staff union; strike; unauthorised absence; warning;



  • Judgment 2342


    97th Session, 2004
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Undoubtedly, as recalled in the case law (see, for instance, Judgment 566), as a matter of principle a strike is lawful, but this applies only in the case of a collective work stoppage"

    Reference(s)

    ILOAT Judgment(s): 566

    Keywords:

    case law; condition; right to strike; strike;



  • Judgment 805


    61st Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    while acknowledging the complainants' right to strike, the tribunal concludes that the organisation did not in this case exceed the proper scope of its authority. the number of staff ordered to work was relatively low with respect to the total number of staff members in the office.

    Keywords:

    misuse of authority; requisition; right to strike; strike;



  • Judgment 615


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    as a matter of principle, a strike is lawful; it follows that the consequences of a strike are covered by staff regulations insofar as these are not are incompatible with the work stoppage. in this case, the regulation on salary deductions due to absence is applicable, and the organisation is invited to comply with it.

    Reference(s)

    Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS

    Keywords:

    analogy; case sent back to organisation; complaint allowed; decision quashed; deduction; enforcement; provision; right to strike; salary; staff regulations and rules; strike;

    Consideration 8

    Extract:

    "a dispute over the calculation of deductions to be made in the event of a strike is not tantamount to impediment of the right to strike. there will be such impediment only where some act is committed that is of such gravity as to disturb the proper balance between the rights and duties of the parties."

    Keywords:

    deduction; reckoning; right to strike; salary; strike;



  • Judgment 566


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "as a matter of principle a strike is lawful. it does not break the contract of employment or the administrative link between an organisation and its staff. the employee continues to be a member of the staff and the only provisions of the staff regulations to be suspended are those which are incompatible with the work stoppage. salary is withheld by virtue of a provision in the regulations, the requirement of payment for services rendered, and any provision which is not incompatible with the existence of a strike remains in force."

    Keywords:

    consequence; contract; entitlement for service rendered; right to strike; salary; strike;

    Consideration 5

    Extract:

    following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the service regulations. "the executive head is not competent to adopt such rules [...] to accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. the [...] staff exercised an acknowledged right and did not commit any misconduct." the deductions were calculated unlawfully and should be invalidated.

    Reference(s)

    Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS

    Keywords:

    breach; complaint allowed; decision quashed; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;


 
Last updated: 22.07.2019 ^ top