Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2744 (Russian Federation) - Complaint date: 10-NOV-09 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 193. The Committee last examined this case at its meeting in June 2010 [see 357th Report, paras 1137–1158]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee requests the Government to bring the parties – the management of the corporation and the FPAD of Russia – together in order to facilitate their reaching an agreement in relation to the access to be provided to the representatives of the FPAD of Russia and its primary trade union and to keep it informed in this respect.
   • (b) The Committee requests the Government to ensure that the FPAD of Russia has recuperated its documents, seals and other property from the office it had previously occupied. It requests the Government to keep it informed in this respect.
   • (c) The Committee expects that the State Corporation of Russia for the Organization of Air Traffic has complied with the Inspectorate’s instruction to index workers’ wages in accordance with the collective agreement and requests the Government to keep it informed in this respect.
2. 194. In a communication dated 17 September 2010, the Government indicates that the Ministry of Health and Social Development has carried out consultations with the Federal Air Traffic Controllers’ Union of Russia (FPAD) and the State Corporation of Russia for the Organization of Air Traffic. The Government further indicates that on 16 February 2010 the corporation approved the instruction on access arrangements to the administrative building of the enterprise. Under the instruction, the access to the enterprise premises is granted to the chairperson of the FPAD primary trade union, Mr Kovalev; one-time access permits can be provided to visitors, including members of the trade union committees of both, the FPAD of Russia and its primary trade union organization. Therefore, according to the Government, members of the primary trade union organization are provided with unrestricted access to the premises of the enterprise.
3. 195. As concerns the documents, seals and other property of the FPAD of Russia, the Government indicates that, pursuant to the 11 June 2010 decision of the Savelov District Court, workers of the executive committee and trade union committee of the FPAD of Russia were provided access to the office it had previously occupied and that trade union documents and seals were recuperated. The Government also indicates that the Moscow City Court set aside the decision of the Savelov District Court and that, while the case is pending, workers of the executive committee and trade union committee of the FPAD of Russia and its primary organization have no access to the premises they had previously occupied.
4. 196. As regards the Committee’s recommendation concerning the Moscow State Labour Inspectorate’s instruction to index workers’ wages in accordance with the collective agreement in force, the Government points out that the enterprise has complied with the Inspectorate’s instruction and workers’ wages have been indexed as required by paragraph 4.2 of the 2007–10 collective agreement.
5. 197. The Committee notes with interest the information provided by the Government with regard to the issues of access to the enterprise premises (recommendation (a)) and the indexation of workers’ wages in accordance with the collective agreement (recommendation (c)). With regard to the documents, seals and other property of the FPAD of Russia (recommendation (b)), the Committee notes the Government’s indication that following the Savelov District Court’s decision of 11 June 2010 ordering that the FPAD of Russia be allowed to have access to its previously occupied office, the documents and seals have been recuperated by the union. The Committee notes, however, that the decision of the district court was set aside and that this case is still pending in the Moscow City Court. It further notes the Government’s indication that until the decision is made, the workers of the executive committee and the trade union committee of the FPAD of Russia and its primary organization are not allowed to have access to the previously occupied premises. The Committee requests the Government to clarify whether following the decision of the Savelov District Court, the FPAD of Russia has indeed recuperated all of its documents, seals and other property from the office it had previously occupied. The Committee also requests the Government to provide information on the outcome of the case pending before the Moscow City Court.