Definitive Report - Report No 1, 1952

Case No 9 (Netherlands) - Complaint date: 01-APR-51 - Closed

A. A. The complainants' allegations

• Analysis of the Complaint
  70. 70 The only allegation contained in this complaint is that several employers in the metallurgical industry have obstructed duly elected trade union delegates in the execution of their work for the trade union which they prefer, on penalty of dismissal.
  71. 71 The complaining organisation protests against the violation of trade union rights and requests the Government to take appropriate measures to guarantee to the workers of the Netherlands the liberty to exercise freely the trade union rights fixed in the Charter of the United Nations without being threatened with dismissal as a consequence.
• Analysis of the Reply
  72. 72 The Minister of Social Affairs of the Netherlands declares in his reply that the so-called complaint (which is a copy of a letter addressed earlier to the Government) is stated in very general terms and is not accompanied by any evidence; that the complaint does not mention the names of any employers nor does it give any indication of the infringements alleged to have been committed ; and that, since the receipt of the first letter, the Government of the Netherlands has not heard anything more with regard to the so-called complaint.

B. B. The Committee's conclusions

1. 73. Article 11 of the Freedom of Association Convention, 1948, which has been ratified by the Netherlands, provides in general terms that each Member of the International Labour Organisation for which the Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.
2. 74. It is clear, however, from the text of the complaint itself that its authors have been unable to allege any specific acts of anti-union discrimination in respect of employment or to communicate to the Government the name of any employer alleged to have been guilty of such acts. Indeed, the allegation appears to contain no evidence on the basis of which the Government of the Netherlands could have relied in order to take appropriate measures, if such were necessary, in order to ensure to the workers the free exercise of their trade union rights.

75. The Committee therefore recommends that the Governing Body should decide that the case is not worthy of further examination because the allegation is too vague to permit of consideration of the problem on its merits, and the Netherlands Government has given a satisfactory reply to the allegations made.