Definitive Report - Report No 83, 1965

Case No 368 (Austria) - Complaint date: 31-OCT-63 - Closed

1. 22. This case was examined by the Committee at its 37th Session in June 1964, when definitive conclusions were submitted to the Governing Body in paragraphs 7 to 26 of the Committee's 77th Report, adopted by the Governing Body at its 159th Session (June-July 1964).

A. A. The complainants' allegations

1. 23. On that occasion the Committee had before it allegations (contained in the original complaint dated 31 October 1963) concerning the exclusion of the Austrian Civil Service Federation from the proceedings of consultative bodies and the inability of that organisation to act on behalf of its members. The Government had sent observations in reply on 10 February 1964. The substance of the information thus brought before the Committee was that the Austrian Civil Service Federation is not recognised by the public authorities for consultation on staff matters. According to the Government, the Federation includes less than 5 per cent of the public servants covered by the four major civil service unions (which are recognised by the Government for purposes of consultation). In paragraph 19 of the abovementioned report the Committee stated as follows:
   • In the present case, in view of the figures supplied concerning the number of members of staff organisations in the public services, including the Austrian Civil Service Federation, which make it possible to apply an objective criterion to determine the representative character of those organisations, the Committee considers that the exclusion of the Federation from the consultative bodies already established cannot be regarded as a flagrant case of discrimination involving the principles of freedom of association, since the Federation has clearly a minority position.
2. 24. Among the general conclusions adopted at that time (paragraph 26 of the same report), the Committee recommended the Governing Body to decide that the allegations relating to the participation of the Austrian Civil Service Federation in consultative bodies within public agencies do not call for further examination.
3. 25. On 6 November 1964 the Austrian Civil Service Federation sent the I.L.O a memorandum seeking to refute the Government's thesis. The memorandum was transmitted to the Government, which sent its reply on 2 March 1965.
4. 26. The Austrian Civil Service Federation stresses in its memorandum the close relationship between the trade unions recognised for purposes of consultation and their leaders, on the one hand, and the parties belonging to the coalition Government on the other; it alleges that many public servants would wish to be represented by an organisation independent of political parties, but that the establishment of non-party groups within the recognised unions is impossible. The Government's failure to recognise their organisation, the Federation continues, has had an unfavourable effect on its growth; an inquiry made among finance officials in 1958 in which officials had the opportunity to express their preference nevertheless revealed a majority against the political unions; but in practice " most officials, faced with the choice of becoming a member either of a ° recognised trade union or of an organisation that is bereft of its trade union rights, naturally join the privileged trade union, especially as it exerts pressure in order to recruit members ". The Federation appends to its memorandum copies of several requests made to the Government for participation in consultative bodies, and of a reply sent by the Government on 17 April 1964: this rejects the request, but adds that non-participation " does not prevent the Austrian Civil Service Federation from transmitting to the Office of the Federal Chancellor any suggestions and ideas concerning intended legislative measures or measures that the Federation believes should be adopted ".
5. 27. In its reply to the memorandum the Government says that " like most Austrians, most public servants support one or other of the two big coalition parties ", and that groups of persons with specific political leanings have been established in the recognised unions, and it is therefore untrue that public servants are unable to send representatives of their views to these unions. As regards the Federation's membership figures, these are unknown, because the Federation has not so far published them. The alleged inquiry into preferences is unreliable and no official statement regarding it has been issued. The Government refers to the membership figures of the recognised unions (which, it says, refute the complainants' claims) and to the results of the elections of staff representatives and committees by City of Vienna municipal employees in 1962; it appends the figures, which show the non-party candidates as receiving a very small percentage of total votes cast. As for the pressure alleged to be used by the majority unions in recruiting members, the Government states that this assertion is entirely untrue, for the Austrian trade unions rely traditionally on voluntary membership; nor does the participation of union officers in political parties imply dependence on the Government, but merely permits them to represent the interests of their members at other levels, and particularly where the main conditions of work and pay of public servants are determined; such action, the Government concludes, is open to the Austrian Civil Service Federation also.

B. B. The Committee's conclusions

1. 28. On several previous occasions the Committee has taken the view that it could not reopen a case which it had already examined in substance, and on which it had submitted final recommendations to the Governing Body, except where new evidence was adduced and brought to its notice. It has also considered that when allegations dismissed in an earlier case are presented in a more specific or detailed manner than on the previous occasion, they cannot be dismissed out of hand but must be examined by the Committee.
2. 29. The Committee observes that in the present case the organisation on behalf of which the original complaint was made has submitted a series of arguments seeking to refute the Government's thesis. However, the Committee considers that the memorandum sent by the Austrian Civil Service Federation does not provide any new elements on the substance of the problem already examined, namely the refusal-due to the Federation's extremely minority character-to allow it to participate in the proceedings of consultative bodies. In this regard the Federation has only adduced arguments purporting to explain why it remains a minority organisation. The Committee also observes that the Government has informed the Federation that it can make suggestions on legislative measures which are intended or which it believes should be adopted.

The Committee's recommendations

1. 30. In the above circumstances the Committee recommends the Governing Body:
   • (a) to take note of the memorandum sent by the Austrian Civil Service Federation and of the Government's reply;
   • (b) to decide that the Federation has not adduced new elements such as would justify reopening the case with a view to modifying the conclusions contained in paragraph 26 of the Committee's 77th Report cited above.