Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 19, 1956

Caso núm. 132 (Grecia) - Fecha de presentación de la queja:: 31-OCT-55 - Cerrado

A. A. The complainants' allegations

1. 91. By a letter dated 31 October 1955 the Secretary-General of the United Nations transmitted to the I.L.O a complaint dated 12 October 1955 presented by the Trade Union International of Transport, Port and Fishery Workers (W.F.T.U).
2. 92. The complainant alleges that Mr. G. Tsapakis, President of the Piraeus Private Bus Employees' Association, had his driving permit withdrawn because of his political opinions. This measure resulted in his being prevented from retaining his membership in the association to which he belonged and, consequently, from continuing to act as its president.
3. 93. The complaining organisation protests against a measure which it considers to be arbitrary and demands that every necessary step be taken to ensure that the livelihood of Mr. Tsapakis shall be restored to him and that he shall once again enjoy his trade union rights.
4. 94. The complaining organisation was informed by a letter dated 22 November 1955 that it might present, within a period of one month, further information in substantiation of its complaint. It has not availed itself of this opportunity.
5. 95. The complaint was communicated to the Greek Government for its observations by a letter dated 22 November 1955.
   • ANALYSIS OF THE REPLY
6. 96. The Government transmitted its reply to the Office by a letter dated 16 January 1956.
7. 97. In its reply the Government admits that the driving licence of Mr. Tsapakis was withdrawn, but states that the measure in question was taken pursuant to Decision No. 161604/2-8-55 adopted by a special committee established by Act No. 4841 of 1930. The Government adds, however, that this measure was taken not because of the political opinions of the person concerned but owing to the impertinent attitude which he was stated to have adopted when carrying out his duties.
8. 98. Finally, the Government states that a recent decision was taken to restore the driving licence to Mr. Tsapakis.

B. B. The Committee's conclusions

1. 99. The complainant alleges that the driving licence of the President of the Piraeus Private Bus Employees' Association was withdrawn, so that he was prevented from continuing to perform his trade union duties. The Government states that the measure taken in the case of this person was taken exclusively by reason of his behaviour in the carrying out of his occupational duties. The Government adds further that a decision was taken recently to restore his driving licence.
2. 100. It would appear both from the complainant's communication and from the Government's reply that the measure complained against, namely the withdrawal of the driving licence of Mr. Tsapakis, was actually taken and that it resulted in his being obliged to cease to perform the trade union functions which he performed before the decision was taken. However, no evidence has been offered to show that the measure in question was motivated by the fact that the person concerned occupied the office of President of the Piraeus Private Bus Employees' Association. Further, it would appear from the Government's reply that the measure has been revoked.
3. 101. Consequently, the Committee, noting that the measure complained against has been revoked and assuming, therefore, that the person concerned has again become entirely free to resume his trade union activities--activities which the measure in question had indirectly caused him to abandon - considers, having regard to the information contained in the preceding paragraph, that the particular complaint before it has become purposeless and recommends the Governing Body to decide that it does not call for further examination.
4. 102. The Committee notes, however, that the fact that Mr. Tsapakis, as a result of his ceasing to perform his occupational duties, was obliged to abandon his trade union responsibilities, is the consequence of the application of one of the provisions of Legislative Decree No. 3072 of 1954 (Official Gazette of 9 October 1954), by the terms of which " the members of a trade union executive automatically forfeit this office on ceasing to carry on the occupation represented by them ".
5. 103. The Committee has already had occasion, in Case No. 105, to consider this text which, at that time, existed only in the form of a proposed Bill. When it examined that case, the Committee, among other things, called attention to the importance which it attaches to the principle formulated in Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948, that workers' organisations shall have the right to elect their representatives in full freedom, and to the principle formulated in Article 1 of the Right to Organise and Collective Bargaining Convention, 1949, that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, such protection applying more particularly in respect of acts calculated to cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.
6. 104. Having reaffirmed these principles, the Committee observed that the provision referred to in paragraph 102 above would, if it became law, have the consequence that, whenever a worker who was a member of a union executive was dismissed by his employer or-as in the present case lost his employment as a result of action taken by the Government, he would automatically be removed from his trade union office ; such a provision, therefore, would make it possible 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.
7. 105. Further, when examining Case No. 105, but at a later session of the Committee, the Committee learned by a letter from the Greek Government dated 10 February 1955 that the provision, which had been in the draft stage when the complaint in Case No. 105 had been presented, had been embodied in the legislative decree referred to in paragraph 102 above, that is to say, prior to the decision of the Governing Body. In this connection, the Government added that this provision would be re-examined. In a second letter, dated 30 April 1955, the Government stated that it had decided to amend the said provision in the near future and that it proposed to " forward at an early date " the new legislative text to be adopted with regard to this matter.
8. 106. It would appear, as is shown by the case now submitted to the Committee, that the Government has not yet given effect to this intention. Consequently, the Committee again recommends the Governing Body to request the Greek Government to be good enough to consider, as the Government itself has expressed its intention to do on several occasions, amending its existing national legislation governing this question in order to bring it into greater harmony with the principles referred to above.

The Committee's recommendations

1. 107. In these circumstances, the Committee recommends the Governing Body:
   • (a) to decide that, for the reasons indicated in paragraphs 100 and 101 above, the case does not call for further examination ;
   • (b) to suggest to the Greek Government that it might consider, as it would appear to have intended to do, amending its national legislation in the light of the principles enunciated in the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949, in order to bring its legislation into greater harmony with the said principles ;
   • (c) to request the Greek Government to keep the Governing Body informed with respect to the action which it may take in view of the above recommendation.