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Examples of when the Committee has considered that the conditions were met for requiring a minimum operational service (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1009 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061009 Examples of when the Committee has considered that the conditions were met for requiring a minimum operational service 615. The ferry service is not an essential service. However, in view of the diffi culties and inconveniences that the population living on islands along the coast could be subjected to following a stoppage in ferry services, an agreement may be concluded on minimum services to be maintained in the event of a strike. (See the 1996 Digest, para. 563; 330th Report, Case No. 2212, para. 749; and 336th Report, Case No. 2324, para. 282.) 616. The services provided by the National Ports Enterprise and ports themselves do not constitute essential services, although they are an important public service in which a minimum service could be required in case of a strike.(See the 1996 Digest, para. 564; 318th Report, Case No. 2018, para. 514; 320th Report, Case No. 1963, para. 231; and 321st Report, Case No. 2066, para. 340.) 617. Respect for the obligation to maintain a minimum service of the underground railway’s activities to meet the minimal needs of the local communities is not an infringement of the principles of freedom of association. (See 320th Report, Case No. 2057, para. 780.) 618. In relation to strike action taken by workers in the underground transport enterprise, the establishment of minimum services in the absence of agreement between the parties should be handled by an independent body.(See the 1996 Digest, para. 565; and 320th Report, Case No. 2057, para. 780.) 619. It is legitimate for a minimum service to be maintained in the event of a strike in the rail transport sector.(See the 1996 Digest, para. 567.) 620. In view of the particular situation of the railway services of one country, a total and prolonged stoppage could lead to a situation of acute national emergency endangering the well-being of the population, which may in certain circumstances justify government intervention, for instance by establishing a minimum service.(See 308th Report, Case No. 1923, para. 221.) 621. The transportation of passengers and commercial goods is not an essential service in the strict sense of the term; however, this is a public service of primary importance where the requirement of a minimum service in the event of a strike can be justified.(See the 1996 Digest, para. 566; 320th Report, Case No. 2044, para. 453; 324th Report, Case No. 2078, para. 616; 325th Report, Case No. 2018, para. 88; and 330th Report, Case No. 2212, para. 749.) 622. The maintenance of a minimum service could be foreseen in the postal services.(See the 1996 Digest, para. 568; 304th Report, Case No. 1866, para. 113; and 316th Report, Case No. 1985, para. 324.) 623. The imposition of a minimum service is permissible in the refuse collection service.(See 309th Report, Case No. 1916, para. 100.) 624. The Mint, banking services and the petroleum sector are services where a minimum negotiated service could be maintained in the event of a strike so as to ensure that the basic needs of the users of these services are satisfied.(See 309th Report, Case No. 1865, para. 149; and 337th Report, Case No. 2355, para. 630.) 625. Minimum services may be established in the education sector, in full consultation with the social partners, in cases of strikes of long duration.(See 330th Report, Case No. 2173, para. 297.) 626. The decision adopted by a government to require a minimum service in the Animal Health Division, in the face of an outbreak of a highly contagious disease, does not violate the principles of freedom of association.(See 331st Report, Case No. 2209, para. 734.) |
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