Report in which the committee requests to be kept informed of development - Report No 230, November 1983

Case No 1163 (Cyprus) - Complaint date: 28-OCT-82 - Closed

1. 391. The Committee examined this case in its February 1983 meeting, when it presented an interim report to the Governing Body. Since then the Government has sent two further communications dated 9 April and 23 June 1983.
2. 392. Cyprus has ratified the Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1948 (No. 98).

A. Previous examination of the case

1. 393. The complaint concerns allegations of employer interference in the functioning of a newly registered union, the Cyprus Airways Cabin Attendants Union Solidarity (CACAU-Solidarity), through its refusal to negotiate with it and anti-union discrimination in the form of transfer, suspension and threats of dismissals against members of the new union. The complainant union, CACAU-Solidarity, was established and registered, in accordance with the legislation, on 15 November 1982. With some 40 members, it represented 95 per cent of the cabin attendants, whereas the remainder of the total workforce of l,000 are represented by the Cyprus Airways Employees' Union (SYNYKA), from which the CACAU-Solidarity has broken away. The complainant union insisted that the employer recognise it for collective bargaining purposes, and that it reinstate disciplined members of the union, particularly its Secretary-General, Mr. A.N. Zivanas, who was suspended and then transferred, and who later brought a case before the Labour Disputes Courts on the grounds of anti-union discrimination. The complainant also demanded that the employer cease its discriminatory acts.
2. 394. The Government stated that the SYNYKA union, from which the CACAU-Solidarity split and the Workers' Confederation, to which the SYNYKA belongs, regarded the complainant union as a renegade which was trying to secure preferential conditions of employment for cabin attendants; according to the Government, the Confederation had threatened industrial action against the employer if it recognised the new union. As regards the employer's alleged anti-union actions, the Government repeated the views of the employer that no act of anti-union discrimination had been committed and that the disciplinary measures were justified and not based on trade union office and activities. The Government also stated that in the free system collective bargaining operating in Cyprus it cannot force recognition or compulsory reinstatement of disciplined employees.
3. 395. In March 1983, the Governing Body approved the Committee's following interim conclusions:
   • (a) As regards the representativity of unions for the purposes of collective bargaining, the Committee considered that steps should be taken by the authorities to verify, in accordance with the principles of freedom of association, the various claims of the unions involved in this case with a view to determining the most representative union for collective bargaining purposes.
   • (b) As concerns the acts of alleged anti-union discrimination, the Committee recalled the principle that a workers' organisation should be able to function freely without interference by employers or their organisations and requested the Government to keep it informed of the outcome of the case brought by the transferred trade union leader, Mr. Zivanas, before the Labour Disputes Court. It also asked to be informed of the outcome of any other action that may have been taken by the complainant organisation at the national level to seek redress for the other acts of alleged anti-union discrimination to which its members are said to have been subjected.

B. Further communications from the Government

1. 396. In a communication dated 9 April 1983, the Government states that Mr. Zivanas' case has not yet been heard by the Labour Disputes Court and undertakes to keep the Committee informed of developments.
2. 397. The Government sent a letter dated 23 June 1983, according to which there is no need for an inquiry as to the representativity of the unions in question for the purposes of collective bargaining because on 30 March 1983 the CACAU-Solidarity submitted to the Registrar of Trade Unions a notification for its dissolution in accordance with section 27 of the Trade Unions Law (No. 71 of 1965) and the Registrar was satisfied that all procedures and requirements laid down in the law and in the Constitution of the union itself were followed by the applicant. The Registrar accordingly registered the dissolution of the union on 8 April 1983.
3. 398. As regards Mr. Zivanas' case before the Labour Disputes Court, the Government stated that there are still no developments in this regard. It undertakes to keep the Committee informed in this connection.

C. The Committee's conclusions

1. 399. The Committee notes the information provided by the Government that on 8 April 1983 the complainant union was voluntarily dissolved in accordance with section 27 of the Trade Unions Law and that the Registrar was satisfied that all procedures and requirements required by the law and by the constitution of the union were followed by the applicants. The Committee notes that the industrial dispute in Cyprus Airways Limited has accordingly been settled and considers that this aspect of the case calls for no further examination.
2. 400. The Committee takes note of the information conveyed by the Government that there are still no developments concerning Mr. Zivanas' case. Having regard to the fact the Committee was informed in October 1982 that the case had been instituted, it would point out that excessively lengthy proceedings can result in a denial of justice. It therefore draws the Government's attention to the importance which it attaches to expeditious proceedings for the examination of cases concerning dismissals or transfers which could result from trade union activities, in the absence of which the offended employee would feel a growing sense of injustice, with consequent harmful effects on industrial relations.) The Committee notes the Government's statement that it will send information concerning the case as soon as the Labour Disputes Court deals with it.

The Committee's recommendations

1. 401. In these circumstances, the Committee recommends the Governing Body to approve this report, in particular the following: conclusions:
   • (a) In view of the fact that the complainant union was voluntarily dissolved on 8 April 1983 in accordance with the legislation in force and its own constitution, and that the dispute in Cyprus Airways Limited has accordingly been settled, the Committee' considers that the allegation concerning non-recognition for collective bargaining purposes does not call for further examination.
   • (b) The Committee expresses the hope that Mr. Zivanas' case against anti-union discrimination based on transfer will be examined expeditiously and requests the Government to keep it informed of the outcome of the proceedings before the Labour Disputes Court.