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Responsibility for declaring a strike illegal (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1011 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061011 Responsibility for declaring a strike illegal 628. Responsibility for declaring a strike illegal should not lie with the government, but with an independent body which has the confi dence of the parties involved. (See the 1996 Digest, para. 522; and, for example, 304th Report, Case No. 1851, para. 280; 309th Report, Case No. 1916, para. 102; 311th Report, Case No. 1954, para. 405; 314th Report, Case No. 1948/1955, para. 72; 320th Report, Case No. 2007, para. 282; 326th Report, Case No. 2111, para. 474; 329th Report, Case No. 2195, para. 736; 330th Report, Case No. 2208, para. 599; 333rd Report, Case No. 2281, para. 634; and 337th Report, Case No. 2355, para. 631.) 629. Final decisions concerning the illegality of strikes should not be made by the government, especially in those cases in which the government is a party to the dispute.(See the 1996 Digest, para. 523; 305th Report, Case No. 1870, para. 143; 307th Report, Case No. 1899, para. 83; and 316th Report, Case No. 1934, para. 210.) 630. It is contrary to freedom of association that the right to declare a strike in the public service illegal should lie with the heads of public institutions, which are thus judges and parties to a dispute.(See the 1996 Digest, para. 524.) 631. With reference to an official circular concerning the illegality of any strike in the public sector, the Committee has considered that such matters are not within the competence of the administrative authority.(See the 1996 Digest, para. 525.) |
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