Informe provisional - Informe núm. 58, 1962

Caso núm. 234 (Grecia) - Fecha de presentación de la queja:: 23-MAY-60 - Cerrado

1. 555. In a communication dated 23 May 1960 the W.F.T.U made a number of allegations about infringements of trade union rights in Greece. A copy of this letter was forwarded to the Government for its comments on 1 June 1960 and the Government stated in a letter dated 2 August 1960 that its reply was being prepared. The reply was in fact forwarded to the Office in a communication dated 9 June 1961.
2. 556. In its observations, before replying to each of the detailed allegations made by the complainants which are dealt with separately below, the Government makes a number of general remarks which are analysed in the next two paragraphs.
3. 557. The Government begins by recalling that Greece is governed by the Hellenic Constitution, which safeguards the individual and collective freedoms of citizens and also by laws which, in accordance with internationally accepted principles, must conform to the provisions of the Constitution. Since the ending of the armed Communist revolt, the Government states that political life has reverted to normal, although in view of the anti-national character of the Greek Communist Party (K.K.E.) that party has been banned together with a number of other organisations of the same complexion (Act No. 509/1947).
4. 558. The Government adds, however, that the banning of the Communist Party has not led to the abolition of the political rights of the adherents of Marxist ideology. Elections in Greece have always been free and those who hold left-wing views can vote for the E.D.A. Party which took the place of the K.K.E. In fact the left wing is represented in the Greek Parliament by some 60 deputies, while its Press is completely free; it is subject to all the Constitutional and legislative guarantees enjoyed by the population at large. Just as no Communist is persecuted for his political beliefs, no organisation is hampered in the pursuit of its trade union objectives no matter how strongly it may oppose the Government. " What is forbidden " says the Government " is any form of activity or organisation designed to put into practice the principles of the K.K.E by force and the resumption of revolutionary 11 methods...

A. A. The complainants' allegations

• Allegations relating to the Removal of Trade Union Officials from Their Posts by Administrative Order
  559. 559 The complainants allege that in 1959 and at the beginning of 1960 the election of over a dozen trade union executive committees and of several dozen chairmen, secretaries or members of such committees was cancelled by administrative orders issued by Prefects. The W.F.T.U has made the following detailed allegations.
  560. 560 In January 1959 new members were appointed by the Prefect to the committee of the Salonika Federation of Commercial Employees. On this point the Government states in its answer that, as a result of accusations made by some members of this union about financial irregularities, the Prefect of Salonika ordered an audit to be held; this was conducted by a labour inspector and a senior financial official and brought to light a number of financial irregularities, as a result of which the Prefect asked the Public Prosecutor to institute proceedings against the individuals concerned. At the same time, under Act No. 3200/1955 concerning administrative decentralisation and section 49 of the Decree of 15-20 May 1920 concerning trade unions, the Prefect dismissed the executive of the Federation in question and set up a new interim executive to organise elections for a new committee.
  561. 561 The complainants allege that in January 1959 the elections to the Drama Trades Council were cancelled and the Council itself dissolved. The Government states that the dismissal of the Council was due to the fact that votes were cast in the elections-in breach of the law-by union representatives who were not entitled to do so. The Prefect's decision on this point was based on section 32 of the Trade Unions Act of 1914 (No. 281).
  562. 562 According to the complainants, the General Secretary of the Preveza Hairdressers' Federation was dismissed by order of the local Prefect. The Government states that the Prefect took this step because of the General Secretary's intensive propaganda on behalf of the illegal K.K.E organisation.
  563. 563 In reply to the allegation that the General Secretary of the Edessa Textile Workers' Federation was dismissed by the Prefect of Pella, the Government declares that this decision was taken for the same reasons as in the case of the General Secretary of the Preveza Hairdressers' Federation referred to in the previous paragraph.
  564. 564 The complainants allege that in July 1959 Mr. Lygouris, member of the executive committee of the Kalamata Teamsters' Federation, Mr. Jogopoulos, Chairman of the Building Workers' Union, and Mr. Kavouris, council member of the Calamon Food (Dried Fruit) Workers' Union were removed by decision of the Prefect from trade union posts to which they had been freely elected by general meetings of the workers. The Government confirms that the three individuals mentioned were in fact dismissed by the Prefect of Messinia but adds that this step was taken because of their illegal Communist activities.
  565. 565 Similarly, in reply to the W.F.T.U's allegation that in September 1959 Mr. Galaktopoulos and Mr. Ghiannoulis, respectively Chairman and Secretary of the Paggeon Miners' Union, were dismissed from their posts by order of the Prefect of Serrai, the Government states that this decision was taken because of the illegal Communist activities of the individuals concerned.
  566. 566 It is alleged that in December 1959 Mr. Efstathiades, member of the executive committee of the Tobacco Workers' Union in Salonika, was removed from office by a decision of the Prefect. In its reply the Government states that the latter took the step of dismissing Mr. Efstathiades, who was the Treasurer of his union, because an audit had revealed a deficit of 19,762 drachmas.
  567. 567 According to the complainants, in December 1959 the Prefect of Imithia dismissed from office Mr. Liapis, a member of the Verria Trades Council, Mr. Toliopoulos, Treasurer of the Council, Mr. Sidiropoulos, General Secretary of the Verria Bakery Workers' Union, and Mr. Kiniklis, Mr. Sitinidou, Mr. Bozoglou and Mr. Gallikos, all of them members of union committees. The Government answers that all these individuals were dismissed by the Prefect because of their illegal Communist activities on behalf of the outlawed K.K.E organisation.
  568. 568 Lastly the complainants allege that in January 1960 the General Secretary of the Retired Tobacco Workers' Union, a member of the Board of the Federation of Skilled Workers and the Chairman of the Agrinion Tobacco Workers' Union were dismissed from office by the local Prefect. Although the Government makes no comments on the first two individuals, it adds that the third, Mr. Kalakoritis, Chairman of the Agrinion Tobacco Workers' Union, was dismissed from office by the Prefect of Etoloakarnania because of his illegal Communist activities.
  569. 569 The detailed explanations given by the Government appear to show that the removal from trade union office of the individuals mentioned by the complainants was due not to their trade union activities but either to their illegal political activities or to the irregular conduct of union finances or elections.
  570. 570 However, in a number of similar cases that have already come before it the Committee has expressed the view that the procedure followed might give rise to abuses, the removals from office having been effected by decision of a Prefect, and that measures of this kind might infringe the generally recognised right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities.
  571. 571 In the present case the Committee recommends the Governing Body, as it did in the other cases referred to above, to draw the attention of the Government to the desirability of amending this procedure and of providing judicial or other safeguards to ensure that there shall be no infringements of the free exercise of trade union rights, and to the importance which it attaches to trade unions being able to elect their representatives in full freedom and to organise their administration and activities.
• Allegations relating to the Dismissal of Trade Union Officials
  572. 572 The complainants allege that in January 1959 the Chairman, Vice-Chairman and a committee member of the Shirtmakers' Union were dismissed because of their trade union activities and that in February of the same year Mr. Stialamas, Treasurer of the Metal Construction Workers' Union, also lost his job. In its reply the Government states that these four individuals were dismissed from their firms " not because of their trade union, activities but because of disagreements with their employers ". The Government adds that they are now working with other firms.
  573. 573 According to the complainants, Mr. Simelos, the representative of his union on the Eleusis Trades Council, was dismissed by the Titan Cement Works in May 1959 because of his trade union activities, and that in June Mr. Lagos, member of the executive committee of the Athens and Piraeus Electricity and Public Utilities Federation, was dismissed by the Power Company. In July Mr. Mytileneos, member of the executive committee of the Iron and Steel Workers' Union, was dismissed by the Halivdourgiki Company. In its observations the Government states that Mr. Simelos, Mr. Lagos and Mr. Mytileneos were dismissed " because their employers considered that they did not fit in ".
  574. 574 According to the W.F.T.U, in August 1959 Mr. Charamis and Mr. Voughioukas, Chairman and Vice-Chairman of the Lavrion Trades Council, were dismissed from the Lavrion mines; in the same month Mr. Mitsikakos and Mr. Tzifakos respectively Chairman and General Secretary of the Building Workers' Union, were dismissed by their employers. In its reply the Government states that these four individuals were dismissed " because their employers felt that they did not fit in, but they have subsequently been reinstated following an appeal to the Council of State ".
  575. 575 According to the complainants, Mr. Caryotakis, Chairman of the Ice Workers' Union, was dismissed from the Athens Ice Works in August 1959; in September Mr. Christidis, General Secretary of the Nea Ionia Weavers' Union, was dismissed from the Dimitriades Textile Mill; and in October Mr. Syrishos, Mr. Kourkaris and Mr. Bakatsoulas, respectively Vice-Chairman, committee member and active member of the Dry Cleaning Workers' Union, lost their jobs. In its reply the Government declares that all these individuals were dismissed because of misconduct.
  576. 576 "In cases of this kind", the Government concludes, "there are regulations which protect wage earners against arbitrary dismissal and allow them to institute legal proceedings. " The Government quotes as evidence the reinstatement of the persons mentioned in paragraph 574 above, following a decision by the Council of State on an appeal that had been made to it.
  577. 577 The Committee observes that it is not clear from the Government's reply that the dismissals in question were unconnected with the trade union activities or offices of the individuals mentioned. The reasons given for these dismissals even give rise to some doubt because they all amount to " misconduct " without any definition of the term, or to "disagreement with the employer", or simply to the fact that the employer did not consider the worker in question " to fit in ".
  578. 578 In a number of earlier cases the Committee has emphasised that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment-such as dismissal, transfer or other prejudicial measures-and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they must have the guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee pointed out that one way of ensuring such protection is to provide that these officials may not be dismissed, either during their period of office or for a certain time thereafter except, of course, for serious misconduct. The Committee also considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers' organisations should have the right to elect their representatives in full freedom. In the present case the Committee recommends the Governing Body to remind the Greek Government of the importance that should be attached to the aforementioned principles.
  579. 579 Having noted the Government's statement that any dismissed worker is entitled to take his case to the courts (see paragraph 576 above) and that a number of the persons concerned have successfully exercised their right to appeal to the Council of State (see paragraph 574 above), the Committee considers that it would be of assistance to it to know whether the other workers concerned did or did not avail themselves of the opportunities for appeal open to them and, if so, what decisions were taken and on what grounds. The Committee therefore recommends the Governing Body to request the Greek Government to supply this information.
• Allegations relating to the "Administrative Internment " of Trade Union Leaders
  580. 580 The complainants alleged that persecution of the Greek working class has increased and that a large number of workers' leaders or representatives have been deprived of their freedom. For example, it is claimed that veteran trade unionists such as Mr. Sterghiou, Mr. Charaghionis, Mr. Lykouris and Mr. Plapouta were arrested by mere administrative decision and deported. During 1959 alone it is alleged that the following were interned by government order: Mr. Kostopoulou, Chairman of the Piraeus Oil and Soap Workers' Union, Mr. Gambeta, member of the executive committee of the Piraeus Glass Workers' Union, Mr. Malagardi member of the supervisory council of the Piraeus Bookkeepers' Union, Mr. Mourtzikou, Chairman of the Piraeus Oil and Soap Workers' Union, and Mr. Tsourroufli, a mechanic and active trade unionist.
  581. 581 In its reply the Government declares once more that no trade unionist has ever been prosecuted in Greece on account of his union activities; the Government considers, however, that union members, like other citizens, must be bound by the general provisions of the Criminal Code.
  582. 582 In the particular cases referred to by the complainants the Government states that each of the individuals concerned was lawfully deported by decision of the Public Security Committees on the ground that they were guilty of illegal Communist activities and in particular had made use of their trade union office to further anti-national political aims. The Government concludes by saying that five of the persons mentioned by the W.F.T.U were, in fact, set free some time ago.
  583. 583 The Committee considers that the information available to it in this case does not make it possible to conclude that the measures taken were due to the trade union office or activities of the individuals concerned. Nevertheless, noting that these measures were, on the Government's own admission, taken as a result of decisions by" Public Security Committees" the Committee considers it appropriate, as on a number of previous occasions, to express the view that, in so far as the measure instituting public security committees was introduced for exclusively political purposes, it is not called upon to express any opinion on their institution or on the procedure followed before them, under which persons may be deported for having committed acts contrary to the tranquillity of public order or to the safety of the State. While recognising that that procedure might have been motivated by the critical situation in Greece after the Second World War-a situation of which it had had to take account when examining allegations submitted to it on earlier occasions -the Committee once again recommends the Governing Body to draw the Government's attention to the desirability of ensuring that this procedure is attended by all the necessary safeguards to guarantee that it may not be utilised with the object of restricting the free exercise of trade union rights and to the importance which it attaches to the principle that trade unions should be able to perform in freedom their mission of defending the occupational interests of their members.
• Allegations relating to the Arrest and Sentencing of Workers
  584. 584 The complainants allege in fairly general terms that the Government has opposed the free exercise of the right to strike by having recourse to various arbitrary measures such as the requisitioning or arrest of workers: the federations that have been hardest hit by this policy are stated to be those of the railwaymen and bus workers. Similarly, teachers and employees of the Greek telegraph and telephone company are stated to have been prosecuted for striking.
  585. 585 In addition to these general allegations the complainants make the following specific assertions. Mr. Papastafidas-they claim-was sentenced to five months' imprisonment for having tried to oppose the requisitioning of bus workers during a strike at a time when he was Chairman of the Piraeus Bus Conductors' Union. The complainants also allege that in October 1959 five bakery workers (whose names they give), all of them members of the executive committee of the Athens and Piraeus Bakery Workers' Union, were prosecuted for having published a trade union news release without having obtained prior permission from the police.
  586. 586 In its reply the Government states that the allegation that it is opposed to the free exercise of the right to strike is completely baseless. "As is well known ", states the Government, "the Hellenic Constitution grants civil servants the right to form trade unions but forbids them to strike. Despite this prohibition, a number of strikes by civil servants have, in fact, occurred without any government action being taken against the strikers."
  587. 587 As regards the specific allegations made by the complainants, the Government declares that the five bakery workers named by the W.F.T.U were tried and sentenced in October 1959 for their anti-national Communist activities.
  588. 588 In previous cases', the Committee has followed the practice of not proceeding to examine matters which are the subject of pending judicial proceedings, where the pending judicial proceedings might make available information of assistance to the Committee in appreciating whether or not allegations are well founded. In the present case the Committee, following the same practice, recommends the Governing Body to request the Greek Government to furnish copies of the judgments given in the cases of the five persons mentioned by the complainants, together with the reasons set forth therein, and, pending the receipt of this information, to adjourn the examination of this aspect of the case.

The Committee's recommendations

1. 589. As regards the case as a whole the Committee recommends the Governing Body:
   • (a) to decide, with respect to the allegations relating to the removal of trade union officials from their posts by administrative order, to draw the attention of the Government to the desirability of amending the procedure whereby trade union leaders can be removed from their office by decision of the Prefects, and of providing judicial or other safeguards to ensure that there shall be no infringements of the free exercise of trade union rights, and to the importance which it attaches to trade unions being able to elect their representatives in full freedom and to organise their administration and activities;
   • (b) to decide, with respect to the allegations relating to the dismissal of trade union officials:
   • (i) to call the attention of the Government to the Governing Body's view that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment-such as dismissal, transfer or other prejudicial measures-and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they must have the guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions;
   • (ii) to request the Government, having noted its declaration that any dismissed worker is entitled to take his case to the courts and that a number of the persons concerned have successfully exercised this right, to be good enough to inform the Governing Body whether the other workers mentioned by the complainants did or did not avail themselves of the opportunities of appeal open to them and, if so, to forward copies of the judgments given and of the reasons for them;
   • (c) to decide, with respect to the allegations relating to the administrative internment of trade union leaders, to draw the Government's attention once again to the desirability of ensuring that the procedure of the " public security committees " is attended by all the necessary safeguards to guarantee that it may not be utilised with the object of restricting the free exercise of trade union rights and to the importance which it attaches to the principle that the trade unions should be able to perform in freedom their mission of defending the occupational interests of their members;
   • (d) to decide, with respect to the allegations relating to the arrest and sentencing of workers, to request the Government to furnish copies of the judgments which the Government states were handed down in the case of the five persons mentioned by the complainants, together with the reasons set forth therein;
   • (e) to take note of the present interim report with respect to the allegations still outstanding pending the receipt of the information requested in paragraphs (b) (ii) and (d) above, it being understood that the Committee will report further thereon when this information has been received.