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Intervention by the authorities in trade union elections (Right of organizations to elect their representatives in full freedom)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0705 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060705 Intervention by the authorities in trade union elections 429. Any intervention by the public authorities in trade union elections runs the risk of appearing to be arbitrary and thus constituting interference in the functioning of workers’ organizations, which is incompatible with Convention No. 87, Article 3, which recognizes their right to elect their representatives in full freedom. (See the 1996 Digest, para. 392.) 430. The right of workers to elect their representatives in full freedom should be exercised in accordance with the statutes of their occupational associations and should not be subject to the convening of elections by ministerial resolution.(See the 1996 Digest, para. 393; and 308th Report, Case No. 1915, para. 271.) 431. With regard to an internal dispute within the trade union organization between two rival administrations, the Committee considered that, with a view to guaranteeing the impartiality and objectivity of the procedure, the supervision of trade union elections should be entrusted to the competent judicial authorities.(See the 1996 Digest, para. 394; and 308th Report, Case No. 1920, para. 524.) 432. Any interference by the authorities and the political party in power concerning the presidency of the central trade union organization in a country is incompatible with the principle that organizations shall have the right to elect their representatives in full freedom.(See the 1996 Digest, para. 395; 324th Report, Case No. 2090, para. 203; 329th Report, Case No. 2090, para. 271; and 330th Report, Case No. 2144, para. 711.) 433. The nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions and is incompatible with Convention No. 87. (See the 1996 Digest, para. 396; and 306th Report, Case No. 1908, para. 459.) 434. When the authorities intervene during the election proceedings of a union, expressing their opinion of the candidates and the consequences of the election, this seriously challenges the principle that trade union organizations have the right to elect their representatives in full freedom.(See the 1996 Digest, para. 397; 324th Report, Case No. 2090, para. 203; and 329th Report, Case No. 2090, para. 271.) 435. Where trade union leaders were removed from office, not by decision of the members of the trade unions concerned but by the administrative authority, and not because of infringement of specific provisions of the trade union constitution or of the law, but because the administrative authorities considered these trade union leaders incapable of maintaining “discipline” in their unions, the Committee was of the view that such measures were obviously incompatible with the principle that trade union organizations have the right to elect their representatives in full freedom and to organize their administration and activities.(See the 1996 Digest, para. 398.) 436. Legislation which requires candidates for trade union office to have obtained the approval of the Provincial Governor, which is given on the basis of a report from the police, is incompatible with the principle that employers’ and workers’ organizations should have the right to elect their representatives in full freedom.(See the 1996 Digest, para. 399.) 437. The following provisions are incompatible with the right to hold free elections, namely those which involve interference by the public authorities in various stages of the electoral process, beginning with the obligation to submit the candidates’ names in advance to the ministry of labour, together with personal particulars, the presence of a representative of the ministry of labour or the civil or military authorities at the elections, including the approval of the election of the executive committee by ministerial decision, without which they are invalid.(See the 1996 Digest, para. 400; and 308th Report, Case No. 1920, para. 523.) 438. The presence during trade union elections of the authorities is liable to infringe freedom of association and, in particular, to be incompatible with the principle that workers’ organizations shall have the right to elect their representatives in full freedom, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof.(See the 1996 Digest, para. 401; and 330th Report, Case No. 2144, para. 711.) 439. The Committee has observed that, in a number of countries, legal provisions exist whereby an offi cial who is independent of the public authorities – such as a trade union registrar – may take action, subject to an appeal to the courts, if a complaint is made or if there are reasonable grounds for supposing that irregularities have taken place in a trade union election, contrary to the law or the constitution of the organization concerned. The situation, however, is different when the elections can be valid only after being approved by the administrative authorities. The Committee has considered that the requirement of approval by the authorities of the results of trade union elections is not compatible with the principle of freedom of election.(See the 1996 Digest, para. 402.) |
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