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Workers protected (Protection against anti-union discrimination)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1302 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061302 Workers protected 775. Protection against anti-union discrimination applies equally to trade union members and former trade union officials as to current trade union leaders. (See the 1996 Digest, para. 691; 327th Report, Case No. 2098, para. 757.) 776. No person should be prejudiced in his or her employment by reason of membership of a trade union, even if that trade union is not recognized by the employer as representing the majority of workers concerned.(See the 1996 Digest, paras. 693 and 701; 316th Report, Case No. 1989, para. 194; 333rd Report, Case No. 2291, para. 917; 334th Report, Case No. 2316, para. 506; and 337th Report, Case No. 2241, para. 914.) 777. Noting in one case that conditions approaching civil war prevailed, the Committee considered that special restrictions for the purpose of eliminating sabotage in public utility undertakings should not in any case be such as to give rise to anti-union discrimination.(See the 1996 Digest, para. 714.) 778. The Committee has pointed out that Article 8 of Convention No. 151 allows a certain fl exibility in the choice of procedures for the settlement of disputes concerning public servants on condition that the confi dence of the parties involved is ensured. The Committee itself has stated in relation to grievances concerning anti-union practices in both the public and private sectors that such complaints should normally be examined by national machinery which, in addition to being speedy, should not only be impartial but should also be seen to be such by the parties concerned.(See the 1996 Digest, para. 918.) |
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