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Police intervention during the course of the strike (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1014 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061014 Police intervention during the course of the strike 642. The Committee has recommended the dismissal of allegations of intervention by the police when the facts showed that such intervention was limited to the maintenance of public order and did not restrict the legitimate exercise of the right to strike. (See the 1996 Digest, para. 579.) 643. The use of police for strike-breaking purposes is an infringement of trade union rights.(See 304th Report, Case No. 1863, para. 361.) 644. In cases of strike movements, the authorities should resort to the use of force only in grave situations where law and order is seriously threatened.(See the 1996 Digest, para. 580; and, for example, 299th Report, Case No. 1687, para. 456; 302nd Report, Case No. 1825, para. 492; 304th Report, Case No. 1863, para. 361; 306th Report, Case No. 1884, para. 695; 308th Report, Case No. 1773, para. 446, and Case No. 1914, para. 669; 311th Report, Case No. 1954, para. 407; 324th Report, Case No. 1865, para. 412; 332nd Report, Case No. 2252, para. 888; and 333rd Report, Case No. 2153, para. 211.) 645. While workers and their organizations have an obligation to respect the law of the land, the intervention by security forces in strike situations should be limited strictly to the maintenance of public order.(See the 1996 Digest, para. 581; 302nd Report, Case No. 1849, para. 211; and 324th Report, Case No. 2093, para. 437.) 646. While workers and their organizations are obliged to respect the law of the land, police intervention to enforce the execution of a court decision affecting strikers should observe the elementary guarantees applicable in any system that respects fundamental public freedoms.(See 306th Report, Case No. 1891, para. 571.) 647. The authorities should resort to calling in the police in a strike situation only if there is a genuine threat to public order. The intervention of the police should be in proportion to the threat to public order and governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order.(See the 1996 Digest, para. 582; 320th Report, Case No. 1865, para. 524; 324th Report, Case No. 2093, para. 437; 325th Report, Case No. 2068, para. 314; 335th Report, Case No. 2228, para. 901; 336th Report, Case No. 2153, para. 175; and 338th Report, Case No. 2364, para. 976.) |
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