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Challenges to 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:0706 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060706 Challenges to trade union elections 440. Measures taken by the administrative authorities when election results are challenged run the risk of being arbitrary. Hence, and in order to ensure an impartial and objective procedure, matters of this kind should be examined by the judicial authorities. (See the 1996 Digest, para. 403.) 441. In order to avoid the danger of serious limitation on the right of workers to elect their representatives in full freedom, complaints brought before labour courts by an administrative authority challenging the results of trade union elections should not – pending the final outcome of the judicial proceedings – have the effect of suspending the validity of such elections.(See the 1996 Digest, para. 404; 330th Report, Case No. 2067, para. 173, and Case No. 2046, para. 526.) 442. In cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure.(See the 1996 Digest, para. 405; 306th Report, Case No. 1908, para. 459; and 335th Report, Case No. 2294, para. 383.) 443. In order to avoid the danger of serious limitations on the right of workers to elect their representatives in full freedom, cases brought before the courts by the administrative authorities involving a challenge to the results of trade union elections should not – pending the final outcome of the proceedings – have the effect of paralysing the operations of trade unions.(See the 1996 Digest, para. 406.) |
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