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Union security clauses (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:0508 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060508 Union security clauses (See also paras. 324 and 480)363. A distinction should be made between union security clauses allowed by law and those imposed by law, only the latter of which appear to result in a trade union monopoly system contrary to the principles of freedom of association. (See the 1996 Digest, para. 321; and 320th Report, Case No. 1963, para. 220.) 364. The admissibility of union security clauses under collective agreements was left to the discretion of ratifying States, as evidenced by the preparatory work for Convention No. 98.(See the 1996 Digest, para. 322.) 365. Problems related to union security clauses should be resolved at the national level, in conformity with national practice and the industrial relations system in each country. In other words, both situations where union security clauses are authorized and those where they are prohibited can be considered to be in conformity with ILO principles and standards on freedom of association.(See the 1996 Digest, para. 323; 329th Report, Case No. 2136, para. 102; and 332nd Report, Case No. 2187, para. 721.) 366. In certain cases where the deduction of union contributions and other forms of union protection were instituted, not in virtue of the legislation in force, but as a result of collective agreements or established practice existing between both parties, the Committee has declined to examine the allegations made, basing its reasoning on the statement of the Committee on Industrial Relations appointed by the International Labour Conference in 1949, according to which Convention No. 87 can in no way be interpreted as authorizing or prohibiting union security arrangements, such questions being matters for regulation in accordance with national practice. According to this statement, those countries – and more particularly those countries having trade union pluralism – would in no way be bound under the provisions of the Convention to permit union security clauses either by law or as a matter of custom, while other countries which allow such clauses would not be placed in the position of being unable to ratify the Convention.(See the 1996 Digest, para. 324.) 367. Basing its reasoning on the declaration made in 1949 by the Committee on Industrial Relations of the International Labour Conference, the Committee has considered that legislation which provides that no one shall be compelled to join or not to join a trade union does not in itself infringe Conventions Nos. 87 and 98.(See the 1996 Digest, para. 329.) 368. Where union security arrangements exist requiring membership of a given organization as a condition of employment, there might be discrimination if unreasonable conditions were to be imposed upon persons seeking such membership.(See the 1996 Digest, para. 330.) |
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