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Removal of executive committees and the placing of trade unions under control (Right of organizations to elect their representatives in full freedom)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0707 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060707 Removal of executive committees and the placing of trade unions under control 444. The removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights. (See 299th Report, Case No. 1772, para. 131.) 445. The appointment by the government of persons to administer the central national trade union on the ground that such a measure was rendered necessary by the corrupt administration of the unions would seem to be incompatible with freedom of association in a normal period.(See the 1996 Digest, para. 407.) 446. In a case where an administrator of trade union affairs had been appointed by the government so as to ensure, on behalf of the trade unions, the functions normally carried out by a central workers’ organization, the Committee considered that any reorganization of the trade union movement should be left to the trade union organizations themselves and that the administrator should confi ne himself to coordinating the efforts made by the unions to bring this about. The prerogatives conferred on the administrator should not be such as to restrict the rights guaranteed by Article 3, paragraph 1, of Convention No. 87.(See the 1996 Digest, para. 408.) 447. Legislation which confers on the public authorities the power to remove the management committee of a union whenever, in their discretion, they consider that they have “serious and justifi ed reasons”, and which empowers the government to appoint executive committees to replace the elected committees of trade unions, is not compatible with the principle of freedom of association. Such provisions can in no way be compared with those which, in some countries, make it possible for the courts to declare an election invalid for specific reasons defined by law.(See the 1996 Digest, para. 409.) 448. The setting up by the government, following a change of regime, of a provisional consultative committee of a trade union confederation and the refusal to recognize the executive committee which has been elected at the congress of that organization constitutes a breach of the principle that the public authorities should refrain from any interference which would restrict the right of workers’ organizations to elect their representatives in full freedom and to organize their administration and activities.(See the 1996 Digest, para. 410.) 449. With regard to the placing of certain unions under control, the Committee has drawn attention to the importance which it attaches to the principle that the public authorities should refrain from any interference which would restrict the right of workers’ organizations to elect their representatives in full freedom and to organize their administration and activities.(See the 1996 Digest, para. 411; and 300th Report, Case No. 1793, para. 270.) 450. The placing of trade union organizations under control involves a serious danger of restricting the rights of workers’ organizations to elect their representatives in full freedom and to organize their administration and activities.(See the 1996 Digest, para. 412.) 451. While recognizing that certain events were of an exceptional kind and may have warranted intervention by the authorities, the Committee considered that, in order to be admissible, the taking over of a trade union must be temporary and aimed solely at permitting the organization of free elections.(See the 1996 Digest, para. 413.) 452. Measures taken by the administrative authorities, such as the placing of organizations under control, are liable to appear arbitrary, even if they are temporary and may be challenged before the courts.(See the 1996 Digest, para. 414.) 453. The power conferred on a person with a view to facilitating the normal functioning of a trade union organization should not be such as to lead to limitations on the right of trade union organizations to draw up their constitutions, elect their representatives, organize their administration and formulate their programmes.(See the 1996 Digest, para. 415.) |
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