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Electoral procedures (Right of organizations to elect their representatives in full freedom)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0702 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060702 Electoral procedures (See also para. 955)392. The regulation of procedures and methods for the election of trade union offi cials is primarily to be governed by the trade unions’ rules themselves. The fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of their organizations and the elections which are held therein. (See the 1996 Digest, para. 354; 307th Report, Case No. 1905, para. 154; 308th Report, Case No. 1920, para. 520; 326th Report, Case No. 2067, para. 512; and 335th Report, Case No. 2276, para. 404.) 393. An excessively meticulous and detailed regulation of the trade union electoral process is an infringement of the right of such organizations to elect their representatives in full freedom, as established in Article 3 of Convention No. 87.(See the 1996 Digest, para. 355.) 394. Legislation which minutely regulates the internal election procedures of a trade union and the composition of its executive committees, fixes the days on which meetings will take place, the precise date for the annual general assembly and the date on which the mandates of trade union officers shall expire, is incompatible with the rights afforded to trade unions by Convention No. 87.(See the 1996 Digest, para. 356.) 395. A provision which gives a broad discretionary power to the minister to regulate minutely the internal election procedures of trade unions, the composition and the date of elections of their various committees, and even the way in which they should function, is incompatible with the principles of freedom of association.(See the 1996 Digest, para. 357.) 396. If a government regulates trade union elections too closely, this may be considered as a limitation of the right of trade unions to elect their own representatives freely. However, in general, laws governing the frequency of elections and fixing a maximum period for the terms of office of executive bodies do not affect the principles of freedom of association.(See the 1996 Digest, para. 358; and 308th Report, Case No. 1920, para. 520.) 397. It should be left to the unions themselves to set the period of terms of office.(See the 1996 Digest, para. 359; 308th Report, Case No. 1920, para. 520; and 329th Report, Case No. 2177/2183, para. 639.) 398. The imposition by legislative means of a direct, secret and universal vote for the election of trade union leaders does not raise any problems regarding the principles of freedom of association.(See the 1996 Digest, para. 360.) 85 399. No violation of the principles of freedom of association is involved where the legislation contains certain rules intended to promote democratic principles within trade union organizations or to ensure that the electoral procedure is conducted in a normal manner and with due respect for the rights of members in order to avoid any dispute as to the election results.(See the 1996 Digest, para. 361.) 400. Provisions requiring registered organizations to elect their offi cers by postal vote do not appear to infringe the freedom to elect trade union leaders.(See the 1996 Digest, para. 362.) 401. It should be left to the workers’ organizations themselves to make provision, in their constitutions or rules, as to the majority of votes required for the election of trade union leaders.(See the 1996 Digest, para. 363.) 402. The number of leaders of an organization should be a matter for decision by the trade union organizations themselves.(See the 1996 Digest, para. 364.) 403. The registration of the executive boards of trade union organizations should take place automatically when reported by the trade union, and should be contested only at the request of the members of the trade union in question.(See the 1996 Digest, para. 365; 318th Report, Case No. 2003, para. 390; and 325th Report, Case No. 2068, para. 311.) 404. Since the creation of works councils and councils of employers can constitute a preliminary step towards the setting up of independent and freely established workers’ and employers’ organizations, all official positions in such councils should, without exception, be occupied by persons who are freely elected by the workers or employers concerned.(See the 1996 Digest, para. 367; and 332nd Report, Case No. 2255, para. 947.) |
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