Interim Report - Report No 380, October 2016

Case No 3081 (Liberia) - Complaint date: 27-MAY-14 - Follow-up cases closed due to the absence of information from either the complainant or the Government in the last 18 months since the Committee examined the cases

Allegations: Unilateral cancellation by the employer of the collective bargaining agreement and unfair dismissal of trade union leaders

1. 684. The Committee last examined this case at its October 2015 meeting, when it presented an interim report to the Governing Body [see 376th Report, paras 705–728 approved by the Governing Body at its 325th Session (November 2015)].
2. 685. The complainant submitted new allegations in a communication dated 31 May 2016.
3. 686. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case on two occasions. At its meeting in May–June 2016 [see 378th Report, para. 9], the Committee issued an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the information or observations requested had not been received in due time. To date, the Government has not sent any information.
4. 687. Liberia 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, 1949 (No. 98).

A. Previous examination of the case

1. 688. In its previous examination of the case in October 2015, the Committee made the following recommendations [see 376th Report, para. 728]:
   • (a) The Committee regrets that, despite the time that has elapsed since the complaint was presented in May 2014, the Government has still not replied to the complainant’s allegations, despite having been invited on several occasions to do so, including by means of an urgent appeal [see 375th Report, para. 8]. The Committee urges the Government to provide its observations on the complainant’s allegations without further delay.
   • (b) The Committee requests the Government to immediately conduct an independent inquiry into the complainant’s allegations with regard to the unilateral cancellation of the CBA, and the employer’s refusal to comply with the obligations established therein, and if these allegations were proved true, to take immediate measures to ensure that the employer abides by the commitments it has freely assumed, including deduction and payment of union dues in accordance with article 20 of the CBA and keep it informed of developments.
   • (c) Expressing its concern at the employer’s alleged statements with regard to the remittance of union dues that would appear to undermine a CBA freely entered into, and at the impact that such statements might have on the exercise of trade union rights at the RIA, the Committee requests the Government to reply in full to these allegations.
   • (d) The Committee requests the Government to conduct an immediate inquiry into the grounds for Mr Weh and Mr Garniah’s dismissal, and should it appear that they have been dismissed due to their trade union activities, including for actions in conformity with the CBA, which the employer is said to have unilaterally annulled, to ensure that they are reinstated in their positions without loss of pay and keep it informed of developments.
   • (e) The Committee requests the Government to solicit information from the employers’ organizations concerned, in order to have at its disposal their views as well as those of the enterprise concerned on the questions at issue.
   • (f) In more general terms, the Committee requests the Government to take the necessary measures as a matter of urgency to ensure full compliance with the freely concluded collective agreement and to ensure that the RIAWU can continue to fulfil its functions in representing the workers and defend their occupational interests without fear of intimidation or reprisal and to keep it informed of developments.
   • (g) The Committee requests the complainant to furnish further details on its reference to public sector workers’ leaders wrongful dismissals during the period 2007–14, should it wish the Committee to examine this allegation.

B. The complainants’ new allegations

1. 689. In a communication dated 31 May 2016, the complainant alleges that, since the presentation of the complaint, the union has become the target of the Ministry of Labour. The complainant denounces ongoing action of the Ministry of Labour to deny workers the right to join the union although they have declared to do so. The Ministry has refused to process any documents in relation to organizing, submitted by the complainant since May 2014, in violation of section 2.6 of the recently adopted Decent Work Act. For instance, it has failed to respect organizing documents with attached declaration forms containing the individual names and signatures of workers of the Roberts International Airport and the Liberia Telecommunication Corporation.

The Committee’s conclusions

1. 690. The Committee regrets that, despite the time that has elapsed since the last examination of the complaint, the Government has once again not replied to the complainant’s allegations even though it has been requested several times, including through an urgent appeal. The Committee urges the Government to be more cooperative in the future and reminds the Government of the possibility to avail itself of the technical assistance of the Office.
2. 691. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 692. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, in turn, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report, para. 31].
4. 693. Under these circumstances, recalling that this case concerns allegations of unilateral cancellation by the employer of a collective bargaining agreement (CBA) signed between the management of the Roberts International Airport (RIA) and the workers’ union; the anti-union dismissal of Mr Melliah PG Weh and Mr Jaycee W. Garniah, respectively the President and the Secretary General of the Roberts International Airport Workers Union (RIAWU); and the failure by the Government to ensure that Conventions Nos 87 and 98 are applied in practice, the Committee finds itself obliged to reiterate the conclusions and recommendations it made when it examined this case at its meeting in October 2015 [see 376th Report, paras 705–728].
5. 694. With regard to the alleged wrongful dismissals of public sector workers’ leaders during the period 2007–14, noting that the complainant did not furnish further details in this regard albeit requested to do so, the Committee will not pursue the examination of this allegation unless the complainant provides additional information.
6. 695. Moreover, the Committee notes the new allegations of the complainant concerning the alleged ongoing denial of the right of workers to join the POCEGSUL. It also notes with concern that the complainant feels it is being targeted by the Ministry of Labour for its action before the ILO. The Committee emphasizes that workers’ and employers’ organizations should not be subject to retaliatory measures for having lodged a complaint with the Committee on Freedom of Association. It urges the Government to reply to these allegations without delay.

The Committee’s recommendations

1. 696. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time that has elapsed since the complaint was last examined in October 2015, the Government has still not replied to the complainant’s allegations, despite having been invited on two occasions to do so, including by means of an urgent appeal [see 378th Report, para. 9]. The Committee urges the Government to provide its observations on the complainant’s allegations without further delay. It urges the Government to be more cooperative in the future.
   • (b) The Committee requests the Government to immediately conduct an independent inquiry into the complainant’s allegations with regard to the unilateral cancellation of the CBA, and the employer’s refusal to comply with the obligations established therein, and if these serious allegations were proved true, to take immediate measures to ensure that the employer abides by the commitments it has freely assumed, including deduction and payment of union dues in accordance with article 20 of the CBA and keep it informed of developments.
   • (c) Expressing its concern at the employer’s alleged statements with regard to the remittance of union dues that would appear to undermine a CBA freely entered into, and at the impact that such statements might have on the exercise of trade union rights at the RIA, the Committee requests the Government to reply in full to these allegations.
   • (d) The Committee requests the Government to conduct an immediate inquiry into the grounds for Mr Weh and Mr Garniah’s dismissal, and should it appear that they have been dismissed due to their trade union activities, including for actions in conformity with the CBA, which the employer is said to have unilaterally annulled, to ensure that they are reinstated in their positions without loss of pay, or, if this is not possible, to provide adequate compensation. It requests the Government to keep it informed of developments.
   • (e) The Committee requests the Government to solicit information from the employers’ organizations concerned, in order to have at its disposal their views as well as those of the enterprise concerned on the questions at issue.
   • (f) In more general terms, the Committee requests the Government to take the necessary measures as a matter of urgency to ensure full compliance with the freely concluded collective agreement and to ensure that the RIAWU can continue to fulfil its functions in representing the workers and defend their occupational interests without fear of intimidation or reprisal and to keep it informed of developments.
   • (g) Noting with concern that the complainant feels it is being targeted by the Ministry of Labour for its action before the ILO, the Committee emphasizes that workers’ and employers’ organizations should not be subject to retaliatory measures for having lodged a complaint with the Committee on Freedom of Association, and requests the Committee’s Chairperson to meet with a representative of the Government of Liberia in order to express its deep concern over this allegation and the absence of cooperation with the Committee’s procedures. It urges the Government to reply to each of the new allegations of the complainant without delay.
   • (h) With regard to the alleged wrongful dismissals of public sector workers’ leaders during the period 2007–14, noting that the complainant did not furnish further details in this regard albeit requested to do so, the Committee will not pursue the examination of this allegation unless the complainant provides additional information.
   • (i) The Committee encourages the Government to consider availing itself of the technical assistance of the Office with a view to addressing the Committee’s recommendations and strengthening the capacity of the Government and the social partners.