61st Session, 1987
European Patent Organisation
Full Judgment Text: EN,
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.
misuse of authority; requisition; right to strike; strike;
"an international organisation has the right [...] when its staff goes on strike [...] among other things [to] order staff to perform their duties. provided it respects the principle of proportionality such order will not upset the proper balance between the parties' rights and duties in the event of a collective dispute."
proportionality; requisition; strike;
"delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
competence; decision; decision-maker; delegated authority; requisition; strike;