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Reasons for dissolution (Dissolution and suspension of organizations)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1107 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061107 Reasons for dissolution 692. To deprive many thousands of workers of their trade union organizations because of a judgement that illegal activities have been carried out by some leaders or members constitutes a clear violation of the principles of freedom of association. (See the 1996 Digest, para. 667; 310th Report, Case No. 1888, para. 382; 318th Report, Case No. 2006, para. 347; and 323rd Report, Case No. 2006, para. 427.) 693. If it was found that certain members of the trade union had committed excesses going beyond the limits of normal trade union activity, they could have been prosecuted under specific legal provisions and in accordance with ordinary judicial procedure, without involving the suspension and subsequent dissolution of an entire trade union movement. (See 318th Report, Case No. 2006, para. 347; and 323rd Report, Case No. 2006, para. 427.) 694. In a case where trade union status was withdrawn from a trade union organization, mainly because of irregularities in the financial management of the organization, the Committee considered that, if the authorities found irregularities which might be detrimental to the union’s social funds, they should have taken legal action based on these irregularities against the persons responsible rather than adopt measures depriving the union of all possibility of action.(See the 1996 Digest, para. 668.) 695. Development needs should not justify maintaining the entire trade union movement of a country in an irregular legal situation, thereby preventing the workers from exercising their trade union rights, as well as preventing organizations from carrying out their normal activities. Balanced economic and social development requires the existence of strong and independent organizations which can participate in this process.(See the 1996 Digest, paras. 25 and 674; 330th Report, Case No. 2189, para. 466; and 337th Report, Case No. 2189, para. 485.) 696. Given the extremely serious consequences that the dissolution of a union involves for the occupational representation of workers, the Committee has considered that the nomination of a representative of a federation as a candidate for the presidency of the country can in no way justify the dissolution of an entire federation.(See 325th Report, Case No. 2090, para. 166.) 697. The dissolution of a trade union is an extreme measure and recourse to such action on the basis of a picket action resulting in the disruption of a public event, the temporary termination of an organization’s activities or the disruption of transport, is clearly not in conformity with the principles of freedom of association.(See 326th Report, Case No. 2090, para. 242.) 698. In view of the serious consequences which cancellation of trade union registration involves for the occupational representation of workers, the Committee considers that the use of the company’s name in the title of the trade union should not result in the cancellation of trade union registration.(See 337th Report, Case No. 2388, para. 1371.) |
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