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Other activities of trade union organizations (protest activities, sit-ins, public demonstrations, etc.) (Right of organizations freely to organize their activities and to formulate their programmes)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0903 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060903 Other activities of trade union organizations (protest activities, sit-ins, public demonstrations, etc.) 508. The right of petition is a legitimate activity of trade union organizations, and persons who sign such trade union petitions should not be reprimanded or punished for this type of activity. (See the 1996 Digest, paras. 460 and 719; 325th Report, Case No. 2068, para. 319; 329th Report, case No. 2188, para. 215; and 331st Report, Case No. 2217, para. 210.) 509. The fact of having presented a list of dispute grievances is a legitimate trade union activity.(See the 1996 Digest, para. 461.) 510. Trade unions should be free to determine the procedure for submitting claims to the employer and the legislation should not impede the functioning of a trade union by obliging a trade union to call a general meeting every time there is a claim to be made to an employer.(See 332nd Report, Case No. 2216, para. 911.) 511. If a government takes reprisals, directly or indirectly, against trade unionists or the leaders of workers’ or employers’ organizations for the simple reason that they protest against the appointment of workers’ or employers’ delegates to a national or international meeting, this constitutes an infringement of trade union rights.(See the 1996 Digest, para. 462.) 512. Legislation which permits the competent authorities to ban any organization which carries on any normal trade union activity, such as campaigning for a minimum wage, is incompatible with the generally accepted principle that the 107 public authorities should refrain from any interference which would restrict the right of workers’ organizations to organize their activities and to formulate their programmes, or which would impede the lawful exercise of this right.(See the 1996 Digest, para. 463.) 513. The expression of an opinion by a trade union organization concerning a court decision relative to the killing of trade union members is in fact a legitimate trade union activity.(See the 1996 Digest, para. 465.) 514. By threatening retaliatory measures against workers who had merely expressed their intention to hold a sit-in in pursuance of their legitimate economic and social interests, the employer interfered in the workers’ basic right to organize their administration and activities and to formulate their programmes, contrary to Article 3 of Convention No. 87.(See the 1996 Digest, para. 466.) 515. The extent to which the part played by the trade unions in organizing work competition and undertaking propaganda for production or the carrying out of economic plans is consistent with the fulfi lment by the trade unions of their responsibility for protecting the interests of the workers depends on the degree of freedom enjoyed by the trade unions in other respects.(See the 1996 Digest, para. 468.) 516. The Committee has considered that, while it is not called upon to express an opinion as to the desirability of entrusting the administration of social insurance and the supervision of the application of social legislation to occupational associations rather than to administrative state organs, in so far as such a measure might restrict the free exercise of trade union rights, such questions might be within its mandate: (1) if the trade unions exercise discrimination in administering the social insurance funds made available to them for the purpose of exercising pressure on unorganized workers; (2) if the independence of the trade union movement should thereby be compromised.(See the 1996 Digest, para. 469.) 517. The right of workers to be represented by an official of their union in any proceedings involving their working conditions, in accordance with procedures prescribed by laws or regulations, is a right that is generally recognized in a large number of countries. It is particularly important that this right should be respected when workers whose level of education does not enable them to defend themselves adequately without the assistance of a more experienced person, are not permitted to be represented by a lawyer and so can rely only on their union offi cers for assistance.(See the 1996 Digest, para. 470.) 518. The boycott is a very special form of action which, in some cases, may involve a trade union whose members continue their work and are not directly involved in the dispute with the employer against whom the boycott is imposed. In these circumstances, the prohibition of boycotts by law does not necessarily appear to involve an interference with trade union rights.(See the 1996 Digest, para. 471.) 519. The choice of unionists to take part in purely union-organized training courses, wherever held, should be left to the workers’ organization or educational institution responsible for such activities and not be dictated by any political parties.(See the 1996 Digest, para. 472.) |
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