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Freedom of choice of trade union structure (Right of workers and employers to establish and join organizations of their own choosing)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0503 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060503 Freedom of choice of trade union structure 333. The free exercise of the right to establish and join unions implies the free determination of the structure and composition of unions. (See the 1996 Digest, para. 275; 306th Report, Case No. 1862, para. 103; 321st Report, Case No. 1978, para. 34; 325th Report, Case No. 2100, para. 430; 327th Report, Case No. 2115, para. 681; 330th Report, Case No. 2207, para. 907; 332nd Report, Case No. 2115, para. 114, and Case No. 2207, para. 119; 333rd Report, Case No. 2301, para. 592; and 335th Report, Case No. 2308, para. 1041.) 334. Workers should be free to decide whether they prefer to establish, at the primary level, a works union or another form of basic organization, such as an industrial or craft union.(See the 1996 Digest, para. 279; 305th Report, Case No. 1874, para. 268; and 325th Report, Case No. 2100, para. 430.) 335. Under Article 2 of Convention No. 87, workers have the right to establish organizations of their own choosing, including organizations grouping together workers from different workplaces and different cities.(See the 1996 Digest, para. 283; and 306th Report, Case No. 1862, para. 103.) 336. The restriction established under a local public service law that negotiation must take place at the regional level, and that the negotiating organization must therefore only exist at the regional level, constitutes a limitation of the right of workers to establish and join organizations of their own choosing and to elect their representatives in full freedom.(See the 1996 Digest, para. 284.) 337. With regard to restrictions limiting all public servants to membership of unions confined to that category of workers, it is admissible for first-level organizations of public servants to be limited to that category of workers on condition that their organizations are not also restricted to employees of any particular ministry, department or service, and that the first-level organizations may freely join the federations and confederations of their own choosing.(See the 1996 Digest, para. 285.) |
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