Definitive Report - Report No 28, 1958

Case No 157 (Greece) - Complaint date: 14-DEC-56 - Closed

1. 27. The Committee examined this case at its 18th Session (Geneva, October 1957) when it had before it a number of complaints presented by the Ionian Bank Employees' Association and other organisations, in respect of which the complainants later furnished supplementary information, and also observations forwarded by the Government in two letters dated 29 January and 3 October 1957.
2. 28. The allegations made by the complainants related to the following points the dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association ; the dismissal of Mr. E. Maleas and the enforced resignation of Mr. J. Alevras, employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association respectively ; discriminatory measures against the Greek Automobile Workers' Federation.
3. 29. With respect to the two latter allegations the Committee decided to adjourn its examination until it had received observations from the Government. With respect to the allegations relating to the dismissal of Mr. Tsakiris, the Committee submitted an interim report containing, in addition to a number of observations, a request for further information from the Government.
4. 30. The 27th Report of the Committee, containing the interim conclusions of the Committee in this case, was adopted by the Governing Body at its 137th Session (Geneva, October-November 1957).
5. 31. Subsequent to the adoption of this report by the Governing Body, the Federation of Greek Bank Employees' Associations, and also Mr. Tsakiris, furnished further information in substantiation of the original complaint presented by the Ionian Bank Employees' Association. By a communication dated 15 February 1958 the Government forwarded to the Office the further information requested by the Committee.

A. A. The complainants' allegations

• Allegations relating to the Dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association
  32. 32 The complainants allege that on 29 November 1956, following a decision taken on 22 November by the Loyalty Committee instituted by Act No. 516/1948, the Ionian Bank dismissed Mr. Envangelos Tsakiris, General Secretary of the Ionian Bank Employees' Association. They contend that " loyalty " could not have been invoked in this case except as a pretext and that the real reason for the dismissal of Mr. Tsakiris lay in the trade union activities that he carried on.
  33. 33 In support of their allegation the complainants declare that on 27 July 1956, after lengthy deliberations and under the threat of a strike, the Board of the Ionian Bank promised its staff that it would grant them a loan equal to the remuneration of 15 working days. They state that on the evening of the same day, the Bank obtained from police headquarters a document which made it appear that the trade union activities of Mr. Tsakiris were " clearly dangerous ", and that, on the following day, the Bank asked the Loyalty Committee to give a decision which would enable his employers to dismiss Mr. Tsakiris.
  34. 34 Further, according to the complainants, the chief of personnel of the Ionian Bank stated to Mr. Tsakiris that his employers would prefer to pay him his remuneration without his working rather than see him return to the Bank.
  35. 35 The complainants call upon the I.L.O to intervene, with the object, firstly, of securing the cancellation of the dismissal of Mr. Tsakiris, and, secondly, of persuading the Government to repeal Act No. 516/1948, which they consider to be anti-Constitutional and anti-democratic.
  36. 36 In a later communication containing further information in substantiation of the complaints originally submitted, the complainants declare that Mr. Tsakiris appealed to the Loyalty Committee of Second Instance against the decision of his local Committee of First Instance, but that the Committee of Second Instance refused to hear the witnesses called by Mr. Tsakiris and-after having unanimously accepted the version of the facts given by Mr. Tsakiris-nevertheless confirmed the decision of the Committee of First Instance because it was " tied by the C.I.D paper ". Thus the removal of Mr. Tsakiris from his office became finalised.
  37. 37 In a further communication received from him on 4 October 1957 Mr. Tsakiris states : " The personnel chief of the Ministry of Labour whose duty it was to reply to the letters received from you, in which you asked for information with reference to my case, conferred with the personnel chief of the Ionian Bank and wrote to you in accordance with suggestions made by the latter." Mr. Tsakiris declares that he takes full responsibility for this denunciation, in complete awareness of its seriousness, and that he can prove the truth of it by means of witnesses.
  38. 38 Finally, in a communication dated 15 February 1958, Mr. Tsakiris takes up again, with more details, his survey of the reasons which make him conclude that the measure taken against him arose directly out of his trade union activities. He states that those persons in Greece who have had cognizance of his case are all agreed that he has been the victim of an injustice but that their hands are tied by " the paper " of the C.I.D. In support of his statements Mr. Tsakiris annexes a number of documents to his communication.
  39. 39 The communication also contains two new elements. Firstly, Mr. Tsakiris states that he had already been the subject, in 1951, of a decision of the Loyalty Committee (a copy of which he encloses) declaring him " disloyal ". Secondly, Mr. Tsakiris states that he proceeded against the bank for illegal dismissal before a tribunal. The case was pleaded before a " workers' tribunal " which rejected the claim. Mr. Tsakiris adds that a few days later the judge of the Tribunal of First Instance, Mr. Potamianos, who had issued the order denying the claim, informed him through the chief clerk of the bank, Mr. Emmanuel Tsaoussis, that he advised him to appeal because the law was on his side and he would certainly win before the appellate court.
• Allegations relating to the Dismissal of Mr. Maleas and the Enforced Resignation of Mr. Alevras, Employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, Respectively
  40. 40 In his communication referred to in paragraph 37 above Mr. Tsakiris states that two other persons were forced to leave the posts which they occupied on the same pretext as was invoked in order to effect his own dismissal Mr. E. Maleas and Mr. J. Alevras, employee of the Greek Telephones and Telegraphs (O.T.E) and President of the Greek Bank Employees' Association respectively.
  41. 41 With regard to Mr. Maleas the complainant states that he was accused of having been in the forefront in the presentation of collective demands to O.T.E with respect to the payment of remuneration which was due and of having denounced to the judicial authorities the appointed administration of his association because, with the aid of the judicial representative, it had endeavoured to falsify the elections for the purpose of choosing representatives to attend the congress of the Athens Labour Centre.
  42. 42 In the case of Mr. Alevras it is alleged that he was forced to resign in consequence of an intervention made by the President of the Government. More specifically, it is contended that the Director of the Political Office of the Government, Mr. Kontas, summoned Mr. Paparodopoulo, General Secretary of the Greek Bank Employees' Association, and demanded, by order of the President of the Government, the resignation of Mr. Alevras, failing which, he is alleged to have said, no action would be taken on any claims submitted by the Association in the future.
• Allegations relating to Discriminatory Measures against the Greek Automobile Workers' Federation
  43. 43 One of the complainants - the Greek Automobile Workers' Federation - alleges that the Greek General Confederation of Labour is making every effort to cause the administration of the complaining organisation to resign and give way to a provisional committee to be appointed by the administration of the Confederation. The complainants declare that the legality of the election of their organisation's management committee by the Eighth Pan-Hellenic Congress in 1955 has been upheld by the courts, which rejected appeals by the Confederation contesting the validity of the election.
  44. 44 The means of pressure used by the General Confederation of Labour in order to force the Greek Automobile Workers' Federation to give way are alleged to include measures intended to deprive the Federation of its financial resources. The complainants declare that, pursuant to Act No. 3239/55 and as the result of the signature of a collective agreement, a contribution by organised workers to the trade unions was instituted which took the form of a deduction from the wages of all the workers in the country for the first of May in every year, but that the Social Insurance Institution (I.K.A), which was given the task of collecting this contribution and allocating it to the trade unions according to an established scale of percentage, illegally held back the amount due to the complaining Federation, on the intervention of the General Confederation of Labour. Despite repeated protests by the Federation to the Government and especially to the Minister of Labour, it is alleged, the exclusion of the Automobile Workers' Federation continued, by reason of the influence exercised by the General Confederation of Labour on the management of the Social Insurance Institution, of which it is a member.
  45. 45 In conclusion, the complaining organisation calls upon the I.L.O to take the necessary measures in order to cause the administration of the Greek General Confederation of Labour to revise the attitude which it has adopted.
  46. 46 All the complaints referred to above, and also the subsequent documents containing further information, were communicated to the Government by letters dated 3, 8, 18 and 25 January, 11 February, 13 March, 17 June and 10 October 1957 and 21 February 1958.
• ANALYSIS OF THE REPLIES
  47. 47 The Government forwarded its observations on the complaints communicated to it and the further information requested by the Committee in three letters dated 29 January and 3 October 1957 and 15 February 1958.
• Analysis of the First Reply (Communication of 29 January 1957)
  48. 48 In its first communication the Government admitted that Mr. Tsakiris was dismissed from the bank at which he had been employed following a recommendation by the Loyalty Committee competent with respect to workers of his category, and pointed out that when he was engaged by the bank in November 1949 he omitted to furnish a " loyalty certificate " as he ought to have done.
  49. 49 The Government went on to state that the duties and composition of the Loyalty Committees are governed by Act No. 516/1948 (Official Gazette, No. 6, 8 Jan. 1948, Vol. A) relating to verification of the loyalty of officials, employees of public law corporations, mayoral staffs, employees of banks operating as limited companies and employees of bodies subsidised by the State.
  50. 50 Article 5 of this Act, added the Government, provides for the institution of Loyalty Committees of Second Instance, consisting of higher grade magistrates and senior officials. In accordance with this provision Mr. Tsakiris had appealed to one of the committees of second instance.
  51. 51 After stating its intention of furnishing information as to the outcome of the further proceedings when they are concluded, the Government suggested that, in the meantime, the examination of the case might be adjourned.
• Decisions Taken by the Committee at Its 16th and 17th Sessions
  52. 52 At its 16th and 17th Sessions (Geneva, February and May 1957), the Committee decided to adjourn its examination of the case until it had information as to the outcome of the appeal proceedings instituted by Mr. Tsakiris.
• Analysis of the Second Reply (Communication of 3 October 1957)
  53. 53 In its second reply the Government begins by giving details of the composition of the Loyalty Committee of Second Instance before which Mr. Tsakiris lodged his appeal. The membership of this committee is constituted as follows : Mr. M. Pantelis, Areopagite, as Chairman ; Mr. D. Magioris, Legal Adviser in the Ministry of Transport and Public Works, acting as deputy member (the regular member, Mr. J. Bizimis, Legal Adviser in the Ministry of Justice, being unable to participate) ; Mr. Camberis, member of the Court of Appeal, representing the regular member, Mr. A. Costiris, who was promoted President of the Court of Appeal; Mr. N. Spyropoulos, Police Director "A", deputy member (the regular member, Mr. N. Tsaoussis, Police Director " A ", being unable to participate) ; regular member Mr. L. Sperantzas, Director-General of the Ministry of Justice. The Government then states that the Committee of Second Instance, thus constituted, met on 11 April 1957, in the presence of its secretary, Mr. Germanos, Judicial Secretary, Areopagus, in order to give a decision on the appeal of Mr. Tsakiris.
  54. 54 By decision No. 33/57 the Loyalty Committee of Second Instance dismissed the appeal of Mr. Tsakiris on the ground that both his old as well as his recent activities proved him to be a disloyal citizen. There being no further right of appeal, the Government states that the dismissal of Mr. Tsakiris thus became final.
  55. 55 The Government goes on to recall that the Greek Communist Party, by virtue of Act No. 539/1947, was declared illegal, owing to the fact that it had organised armed revolt against the legal Government, carried on various antinational activities and created disorder in the country which had cost the lives of thousands of persons. It states, however, that the creation of a political party bearing a different label but including persons inspired by communist ideas was allowed and that this party is represented in the Greek Parliament. The Government points out that it is not communist ideology as such which is in fact prohibited but participation in anti-national activities aimed at the revival of the revolutionary policy of the old Greek Communist Party. The Government's reply would seem to imply that sanctions were imposed on Mr. Tsakiris on the ground that he had participated in similar activities and not because of his political opinions or of his legitimate trade union activities.
• Decisions Taken by the Committee at Its 18th Session
  56. 56 At its 18th Session (Geneva, October 1957) the Committee decided to adjourn its examination, pending the receipt of observations from the Government, of the allegations relating to the dismissal of Mr. Maleas and the enforced resignation of Mr. Alevras, employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, respectively, also the allegations relating to discriminatory measures against the Greek Automobile Workers' Federation.
  57. 57 With respect to the allegations relating to the dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association, the Committee reached the following conclusions, which were approved by the Governing Body at its 137th Session (Geneva, October-November 1957)
• ... the Committee recommends the Governing Body:
  • (a) to emphasise the importance which it attaches to the principle that no hindrance should be placed in the way of the exercise by the workers of their right to elect their representatives in full freedom ; to draw the attention of the Greek Government accordingly to the fact that the legislation in force-and, particularly, Legislative Decree No. 3072 of 1954, in conjunction with Decree No. 2510 of 1953-may enable the managements of certain banks to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association, and to urge the Government to take the action envisaged in its communication of 30 April 1955 for the amendment of its legislation in order to bring it into harmony with the principle referred to above ;
  • (b) to reaffirm the importance which it attaches to the principle that trade unionists who are proceeded against before a body other than one of the ordinary courts should, like all other persons, enjoy the guarantees afforded by due legal process, and to obtain from the Greek Government all necessary further information concerning the procedure followed by the Loyalty Committees of First and Second Instance, the guarantees attending such procedure and, especially, the means of defence available to trade unionists brought before the Committees and whether or not the Committees have to give the reasons on which their decisions are based ;
  • (c) to ask the Greek Government for more detailed information as to the precise reasons on which the decisions of the Loyalty Committees of First and Second Instance with regard to the case of Mr. Tsakiris, which were taken at a time when strike action by the organisation of which he was General Secretary was under consideration, were based and as to the specific activities of which Mr. Tsakiris was accused.
• Analysis of the Third Reply (Communication of 15 February 1958)
• Allegations relating to the Dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association.
  58. 58 The Government begins by stating that it accords as much importance as do the Committee and the Governing Body to the principle that no restrictions should be placed on the right of workers to elect their representatives in freedom and that Greek legislation guarantees this freedom.
  59. 59 The Government goes on to state that, although by Legislative Decree No. 3072/1954 in conjunction with Decree No. 2510/1953, the Legislature sought to prohibit persons who were not engaged in an occupation from participating in the administrative organs of trade unions catering for persons in such occupation, this was because it considered it to be neither logical nor just that persons not engaged in an occupation should intervene directly in the defence and protection of the interests of persons actually engaged in such occupation.
  60. 60 After stating that Decree No. 2510/1953 has not been applied in practice for three years, the Government explains that the decision has been taken to include in a Bill shortly to be submitted to the Chamber a special provision which will repeal the provisions of the said decree.
  61. 61 The Government annexes to its reply the text of the decision of the Loyalty Committee of Second Instance which embodies the reasons for Mr. Tsakiris having been declared to be a disloyal citizen. These reasons are stated as follows:
• Whereas, after examining all the evidence in the dossier and taking account of the clarifications given personally by the applicant, this Committee supports the opinion expressed in the decision of the Committee of First Instance appealed against that the applicant is not loyal, and particularly : At the beginning of the occupation the applicant, then about 22 years old, voluntarily adhered to E.P.O.N at Mytilene and soon became a ranking officer of that organisation by reason of his considerable activity in promoting the principles of K.K.E. (Greek Communist Party), of which he became a member. After the liberation he continued in this course, displaying considerable activity and showing himself to be a fanatic, which resulted in his being deported to Anafi in 1946 for a period of six months. After being called up by the Army he was transferred to Macronissos because of the activities he again pursued, after his return from deportation. He took part in the revolt at Macronissos at the beginning of March 1948 and was arrested and brought before the Extraordinary Military Court at Athens ; he was released, however, on the ground of his disturbed mental faculties, obviously because he showed signs of repentance and even signed a document disavowing the Greek Communist Party-a statement which, however, was regarded as doubtful, so that the applicant was placed in category B of the Communists requiring surveillance. Subsequently, appearing not to have carried on suspicious activities, his name was removed in July 1950 from the list of Communists requiring surveillance ; in the meantime, in November 1949, he became an employee of the Ionian Bank in Athens. Immediately, he became active in the trade union movement and, in April 1956, was appointed General Secretary of the Association of the employees of this bank. Constantly and systematically he tried to prevent concrete solutions of problems of real concern to the employees being reached, endeavouring to keep them in a state of perpetual effervescence and agitation, so that each time he could impose on the bank employees' associations the directives of the Greek Communist Party. He continued in this course of action systematically and fanatically and, for this reason, the competent authorities decided again to include him in the category of dangerous Communists.
  62. 62 With regard to the moment when Mr. Tsakiris was dismissed, that is, according to paragraph 334(c) of the 27th Report of the Committee, when the Ionian Bank Employees' Association was making preparations for a strike, the Government gives the following details : Mr. Tsakiris was dismissed on 29 November 1956. On 27 November 1956 a brief strike lasting two hours took place in all the banks of Greece, this representing a protest by the bank employees' organisations against a Bill which the Government was considering to unify the social insurance system (fusion of all the insurance funds of the staffs of different banks) ; this was not, therefore - declares the Government - a special strike by the staff of the Ionian Bank. Such a strike took place on 3 December 1956 in protest against the dismissal of Mr. Tsakiris ; 25 per cent of the staff of the bank in question took part in the latter strike.
• Allegations relating to the Dismissal of Mr. Maleas and the Enforced Resignation of Mr. Alevras, Employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, Respectively.
  63. 63 With respect to the case of Mr. Maleas the Government states that, according to information received from the Director-General of Telephones and Telegraphs, the employee in question was dismissed following a decision of the Loyalty Committee of First Instance declaring him to be a disloyal citizen. Mr. Maleas has appealed to the Loyalty Committee of Second Instance. Mr. Maleas had no trade union office and his dismissal, therefore, has no connection with the exercise of trade union rights. The Government adds that, by virtue of Act No. 516/1948, when a Loyalty Committee has declared a person to be disloyal, anybody covered by that Act has no right to accept the services of such person.
  64. 64 With respect to Mr. Alevras the Government affirms that he resigned voluntarily from his trade union office and that no pressure was ever exercised on him ; moreover, adds the Government, even if pressure had been exercised, " such pressure, backed by no legal coercive power, would never have forced him to resign unwillingly". The Government also states that its position "with respect to claims made by the Greek Bank Employees' Union has not changed at all since the resignation of Mr. Alevras, which shows that the entire matter has been unaffected by personal considerations ".
• Allegations relating to Discriminatory Measures against the Greek Automobile Workers' Federation.
  65. 65 The Government states that the protests made by the complaining organisation are directed more particularly against the Greek General Confederation of Labour and originate in the bad relations existing between the latter organisation and the Greek Automobile Workers' Federation. Such a situation, in the view of the Government, in no way involves its own responsibility. The Government has no right to intervene in trade union affairs and the trade unions regulate their mutual relationships in accordance with the provisions of their Constitutions and rules.
  66. 66 The Government declares that the administrative board of Ergatiki Estia (Workers' Club), constituted on a tripartite basis (representatives of Government, employers and workers, the latter nominated by the General Confederation of Labour), refused for a short period to subsidise the Greek Automobile Workers' Federation because it was not a member of the Confederation. This refusal related only to the last quarter of 1956 and the first quarter of 1957 ; since then the grant of monthly subsidies to the complaining federation has been resumed and has not been interrupted.
  67. 67 The Government declares further that by a recent Act (No. 3755), the compulsory trade union contribution, which had been operated in various forms since 1938, was abolished. Consequently, declares the Government, the arguments advanced by the opponents of the system to the effect that the contribution was payable even by those who did not wish to adhere to a trade union can no longer be invoked. Now, all the sums derived from contributions no longer come into the hands of Ergatiki Estia. Under the new system the small trade union organisations collect contributions from their members directly in accordance with their rules. Sometimes organisations of a general character, of which the Greek Automobile Workers' Federation is an example, levy contributions on the basis of collective agreements. Thus, the Federation levies contributions on the basis of a collective agreement signed in 1957. Only the needs of trade union organisations of a general character are covered by Ergatiki Estia, which has been provided for this purpose with sums derived from payments made by the employers to the workers on the occasion of the Christmas and New Year holidays. It is out of these sums that the Greek Automobile Workers' Federation is accorded the subsidies referred to in the preceding paragraph.

B. B. The Committee's conclusions

• Allegations relating to the Dismissal of Mr. Tsakiris. General Secretary of the Ionian Bank Employees' Association
  68. 68 When it examined this case at its 18th Session the Committee observed that the loss of his employment in the Ionian Bank meant automatically that Mr. Tsakiris was obliged to give up his trade union functions. This was the consequence of the application of Legislative Decree No. 3072 of 1954, which contained a provision to the effect that members of the executive committee of a trade union automatically lose that capacity when they cease to perform duties in the employment category which they represent. The Committee recalled that, in an earlier case, it had already had occasion to express its views on this provision, which at that time had existed only in a Bill. On that occasion, the Committee had observed that, when the provision in question came to be considered in conjunction with the provisions of Decree No. 2510 of 1953 which abrogated with respect to certain banks the legislative provisions protecting trade union officers of bank employees' associations against dismissal, the result was that a member of the executive committee of a union who was dismissed by the management of one of the banks concerned would lose not only his employment but also his right to participate in the administration of his trade union. On the recommendation of the Committee the Governing Body had drawn the attention of the Government to the fact that such a system would enable the managements of certain banks to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association, and urged the Greek Government to consider amending its legislation in order to bring it into harmony in this connection with the principle that no hindrance should be placed in the way of the exercise of the right in question.
  69. 69 In its latest communication dated 15 February 1958 the Government states that the decision has been taken to include in a Bill to be submitted to the Chamber in the near future a special provision which will repeal the provisions of Decree No. 2510 of 1953.
  70. 70 The Committee recommends the Governing Body to note with interest the decision taken by the Government in this connection and to request the Government to be good enough to keep it informed as to progress made towards the enactment of the text now being considered.
  71. 71 With regard to the specific case of Mr. Tsakiris the Committee noted that the matter had been brought before the Loyalty Committees instituted by Act No. 516/1948 relating to verification of the loyalty of officials, employees of public law corporations, mayoral staff, employees of banks operating as limited companies and employees of bodies subsidised by the State. The Committee also noted that these Loyalty Committees were administrative bodies, the procedure of which might not be accompanied by adequate judicial guarantees. Consequently, the Committee recommended the Governing Body to request the Director-General to obtain from the Greek Government all necessary information concerning the procedure followed by the Loyalty Committees of First and Second Instance, the guarantees attending such procedure and, especially, the means of defence available to trade unionists brought before the Loyalty Committees and whether or not the Loyalty Committees had to give the reasons on which their decisions were based.
  72. 72 While it does not give details as to the procedure followed before the Loyalty Committees, the Government does reply, in its latest communication, to two at least of the specific questions put by the Committee. It would appear from the Government's reply that the person concerned was enabled to defend himself by submitting statements to the Loyalty Committees and also orally when the Committees were in session. The Government states further that the reasons for the decisions of the Loyalty Committees are given and furnishes the text of the decision of the Loyalty Committee of Second Instance (see paragraph 61 above).
  73. 73 When it examined this case at its last session the Committee recalled that, if in certain cases it had reached the conclusion that allegations relating to measures taken against trade union militants did not call for further examination, this was after it had received information from the governments showing sufficiently precisely and with sufficient detail that measures were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature. Consequently, the Committee considered it necessary, before it could reach conclusions in full knowledge of all the circumstances and make final recommendations to the Governing Body, to obtain more detailed information as to the precise reasons on which the decisions of the Loyalty Committees were based and as to the specific activities of which Mr. Tsakiris was accused.
  74. 74 In its reply to this request for information the Government reaffirms first of all that the decision taken in the case of Mr. Tsakiris was based solely on his anti-national activities and in no way on his legitimate trade union activities. In support of this statement the Government furnishes the text of the decision of the Loyalty Committee of Second Instance, which declares that, following the liberation, Mr. Tsakiris joined the ranks of the Communist Party -now prohibited by law-and, ever since, has pursued activities in favour of the principles put forward by that party. The text goes on to state that, after having been proceeded against on several occasions because of his political activities, Mr. Tsakiris, once he had become General Secretary of his trade union, used his office in order to stir up political agitation.
  75. 75 The Committee notes that, in the latest supplementary information furnished by Mr. Tsakiris in his communication dated 15 February 1958, the complainant states that, on his own initiative, his case was brought before a tribunal which he calls a " workers' tribunal ". It would appear from the information furnished by Mr. Tsakiris that this tribunal rejected his case. It would also appear from the same information that Mr. Tsakiris has not exercised the right of appeal, which nevertheless was available to him, to a tribunal of higher instance (see paragraph 39 above).
  76. 76 In these circumstances, noting that it would appear from the decision of the Loyalty Committee of Second Instance and from the reasoning set forth in that decision that the factors which caused Mr. Tsakiris to be classified as a disloyal citizen were of an eminently political nature, that according to his own statements the case of Mr. Tsakiris was brought before a " workers' tribunal ", an instance other than an administrative tribunal, which dismissed his case, and that he appears to have refrained from appealing to a " workers' tribunal " of second instance although he could have done so, the Committee considers that the complainants have not offered sufficient proof to show that there was, in this instance, any violation of trade union rights.
  77. 77 At the same time, while recognising that the enactment of the legislation instituting the Loyalty Committee procedure had its origin in the gravely disturbed situation which prevailed in Greece after the liberation, the Committee wonders, now that ten years have elapsed since such enactment, whether the moment has not arrived when the Government might consider whether it is still necessary for this procedure to be applied with respect to persons other than civil servants.
  78. 78 The Committee therefore recommends the Governing Body to decide that, for the reasons indicated in paragraphs 71 to 76 above, and subject to the suggestion contained in paragraph 77 above, this aspect of the case does not call for further examination.
• Allegations relating to the Dismissal of Mr. Maleas and the Enforced Resignation of Mr. Alevras, Employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, Respectively
  79. 79 The complainants allege that Mr. Maleas, an employee of the Greek Telephones and Telegraphs, was dismissed under the same circumstances as Mr. Tsakiris and on the same pretext ; they allege also that, as the result of pressure by the Government, Mr. Alevras, President of the Greek Bank Employees' Association, was forced to resign.
  80. 80 With regard to Mr. Maleas, the Government admits that he was dismissed following the decision of a Loyalty Committee. The Government points out, however, that the person in question occupied no trade union office.
  81. 81 Although the complainant alleges that the decision of the Loyalty Committee was merely a pretext for dismissing Mr. Maleas and that the real reasons for his dismissal resided in the claims put forward by him with respect to salary arrears, he refrains from alleging that the measure taken against the person concerned originated in his trade union status or his trade union activity, to neither of which is any reference made in the complaint.
  82. 82 In these circumstances, as the complainant himself does not allege that the measure taken against Mr. Maleas constitutes an infringement of freedom of association and having regard to the Government's statement that the person concerned had no trade union status, the Committee recommends the Governing Body to decide that this allegation does not call for further examination.
  83. 83 With regard to the case of Mr. Alevras the Government formally denies that any pressure was exercised on him in order to make him resign, and declares that his resignation was entirely voluntary. The Government adds that, by virtue of the legislation in force which prohibits the State from interfering in trade union affairs, if any such pressure had actually been exercised nothing would have forced the person concerned to give way, because of the protection afforded to him by law.
  84. 84 Having regard to the formal statement by the Government and also to the somewhat vague nature of the complainants' allegations, the Committee considers that the complainants have not offered sufficient proof to show that any pressure constituting an infringement of freedom of association was exercised on Mr. Alevras, and therefore recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to Discriminatory Measures against the Greek Automobile Workers' Federation
  85. 85 It is alleged that the Greek Automobile Workers' Federation has been the subject of pressure on the part of the Greek General Confederation of Labour, which wishes to force the Executive of the Federation to resign and to be replaced by a provisional committee appointed by the Confederation. As an instance of the pressure exercised, it is alleged that the Confederation and the organs in the administration of which it plays an important part have taken steps to deprive the Greek Automobile Workers' Federation of its financial resources.
  86. 86 Firstly, the Government denies any participation by it in the measures taken against the Greek Automobile Workers' Federation. It goes on to explain that refusal of subsidies to the Federation lasted only for a short period of six months, in the last quarter of 1956 and the first quarter of 1957. The Government does not deny that the General Confederation of Labour -which is represented on the administrative board of Ergatiki Estia, which dispenses the subsidies - was responsible for the taking of the measure which temporarily prejudiced the complaining organisation, and declares that this arose out of the bad relations subsisting between the Confederation and the Greek Automobile Workers' Federation. The Government states that, since the second quarter of 1957, the complaining Federation has again received monthly subsidies.
  87. 87 It would appear both from the Government's reply and from the complaint itself, which is directed against the Greek General Confederation of Labour and not against the Government, that the points raised by the complainant relate only to inter-organisational relations. In these circumstances, and having regard also to the fact that the discriminatory measures against which the Automobile Workers' Federation complained seem no longer to subsist, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
  88. 88 The Committee notes further that, in its latest communication, the Government declares that by a recent Act (No. 3755) the compulsory trade union contribution, which has operated in various forms since 1938, has been abolished. Under the new system, all the money derived from contributions is no longer paid to Ergatiki Estia ; contributions are collected by trade unions directly from their members or, in certain cases, they are collected on the basis of collective agreements.
  89. 89 When it examined an earlier case relating to Greece the Committee had occasion to make observations with respect to the possible effect on the independence of the trade union movement and on freedom of association of the system of compulsory contributions and subsidies operated in Greece. In these circumstances the Committee recommends the Governing Body to note with satisfaction the statement of the Government that, by virtue of Act No. 3755, the system of compulsory trade union contributions has been abolished.

The Committee's recommendations

1. 90. In these circumstances the Committee recommends the Governing Body:
   • (a) to note with interest the decision of the Government to lay a Bill before the Chamber in the near future which will repeal the provisions of Decree No. 2510 of 1953 which, considered in conjunction with the provisions of Legislative Decree No. 3072 of 1954, meant that a member of the executive committee of a union, who was dismissed by the management of one of the banks concerned, would lose not only his employment but also his right to participate in the administration of his trade union ; and to request the Government to be good enough to keep it informed as to progress made towards the enactment of the text now being considered ;
   • (b) to decide that, for the reasons indicated in paragraphs 71 to 76 above, and subject to the suggestion made in paragraph 77 above that the moment may have arrived when the Government might consider whether it is still necessary for the Loyalty Committee procedure to be applied with respect to persons other than civil servants, the allegations relating to the dismissal of Mr. Tsakiris do not call for further examination ;
   • (c) to decide that, for the reasons indicated in paragraphs 79 to 84 above, the allegations relating to the dismissal of Mr. Maleas and the resignation of Mr. Alevras do not call for further examination ;
   • (d) to decide that, for the reasons indicated in paragraphs 85 to 87 above, the allegations relating to discriminatory measures against the Greek Automobile Workers' Federation do not call for further examination ;
   • (e) to note with satisfaction the statement by the Government that, by virtue of Act No. 3755, the system of compulsory trade union contributions hitherto in force, the objections to which were indicated by the Committee in its 19th Report, has been abolished.