Informe provisional - Informe núm. 172, Marzo 1978

Caso núm. 795 (Liberia) - Fecha de presentación de la queja:: 21-JUN-74 - Cerrado

1. 149. The Committee has already examined this case at its November 1976 Session, when it submitted an interim report. Since then, the Government has sent a further communication dated 10 February 1977.
2. 150. Liberia has ratified both 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. A. The complainants' allegations

• I. Complainants' allegations
  151. 151 The complaint presented on 21 June 1974 by the Miners' International Federation (MIF) referred to various incidents that had occurred at branches of the National Mine workers' Union.
  152. 152 In the first place, the MIF alleged that certain ministers had decided early in 1974 that union funds held by the management of the firm of Lamco should be released to a person not authorised by the union to receive them. This person was in fact considered by the National Mine Workers' Union to have misappropriated union funds on a previous occasion. The union had therefore requested the Minister of Labour to ensure that the management did not hand over to this man the union dues it had been holding for six months. The Minister had agreed to the union's request. Subsequently, owing to the intervention of the Government, some $14,000 were released for purposes not authorised by the union.
  153. 153 In the second place, the complainant organisation alleged that the Minister of Labour had appointed a chairman for the local union branch for the Lamco mines at Nimba. On 26 March 1974, the management of Lamco called a meeting under the chairmanship of the assistant to the management to introduce the new officer.
  154. 154 Thirdly, the MIF alleged that at this meeting of 28 March 1974 Mr. Daniel Whern, a member of the National Mine Workers' Union, had raised an objection to the presence of a management representative in the chair of what was supposed to be a union meeting. Mr. Whern was reported to the Chief Justice, who ordered his arrest. He remained in prison at least up to 23 April 1974, and was then released. Three other people who had supported him at the meeting were dismissed from their jobs by the management.
  155. 155 Fourthly, the complainant organisation stated that the Minister of Labour had attempted to conduct elections to change the officers of this union branch. The National Mine Workers' Union and the Congress of Industrial Organisations (CIO) took action through the courts to prevent this and the courts supported them.
  156. 156 Lastly, the complainant organisation alleged that the Minister of Labour had persuaded some members of the union branches at the Lamco mines and the Liberia Mining Company to dissociate those branches from the National Mine Workers' Union. The MIF added that the Minister of Labour had also banned the officials of the National Mine Workers' Union and of the CIF from going to these two mining areas. The complainants specified that the ban had been in force since 2 March 1974 in the case of the Lamco mines and since 20 May 1974 in the case of the Liberia Mining Company.
• II. Government's reply
  157. 157 In a communication dated 28 August 1975, the Government, which enclosed a number of supporting documents, replied first of all to the allegations relating to the decision by certain ministers to allow the release of union funds to a person not authorised by the union to receive them. The Government stated in this respect that in 1972 a complaint had been lodged by the CIO against Mr. Toweh, chairman of Local No. 3 of the National Mine Workers' Union (an affiliate of the CIO), charging him with misappropriation of union funds. An independent accountant commissioned by the CIO had established that Mr. Toweh had used union dues in the amount of $1,161 without authorisation. An investigating team comprising representatives from the Ministries of Labour and Justice was sent to the Lamco local branch at the request of the CIO. This team decided that this was an internal union problem and referred the matter back to the CIO. In view of the misappropriation of funds, the latter and the National Mine Workers' Union appealed to the Ministry concerned and the management of Lamco was asked to hold the union dues - collected under the "check-off" system - in escrow until the matter was resolved. Subsequently, the National Mine Workers' Union informed the Ministry explicitly that Mr. Toweh had been found innocent at a special meeting of the union on 31 August 1973 and that he should therefore not be prosecuted. A letter addressed to the minister of Labour and signed by those present at the meeting in question was appended to the Government's communication. It confirmed that Mr. Toweh had been found innocent of all the charges laid against him. It also requested the Ministry of Labour to call off the instructions it had given to the management of Lamco. The Government had done this in accordance with the arrangements reached within the union.
  158. 158 The Government went on to state that in the course of the work of the investigating team, the legality of Mr. Toweh's position as chairman of the union branch had been questioned both by the CIO and the National Mine Workers' Union and by the local branch itself. With the agreement of the CIO, it was decided to hold an election in order to determine whether or not the workers involved wanted Mr. Toweh to continue as their chairman. After several abortive attempts, the election was finally held on 16 December 1972 under the supervision of the Ministry as stipulated by law. Mr. Toweh won and was declared the winner by the Ministry officials who conducted the election.
  159. 159 The Government also rejected the complainants' second allegation, denying that the Minister of Labour had appointed a chairman for the Lamco local branch. It added that during an illegal strike, staged by the employees of the undertaking on 22 February 1974, upon the directive of the President the Ministry of Labour was instructed to suspend all union activities, owing to the unrest at Lamco and the disarray of the local branch, until the workers returned to work and the situation returned to normal. The chairman, first vice-chairman and secretary of the local branch were suspended because of their role in the strike. Some time later, the ban on union activities was lifted. On 21 March 1974, continued the Government, the National Mine Workers' Union informed it of its intention to appoint a caretaker to look after the affairs of the local branch until an election could be held. The Ministry of Labour considered that such an appointment was not necessary and that, as provided in the union Constitution, the duly elected officers who had not been suspended should continue to carry on the union's operations. The Ministry also denied the contention of the National Mine Workers' Union that it had appointed a Mr. Nathaniel Nabwe as interim chairman of the local branch. Mr, Nabwe was the duly elected second vice-chairman and was therefore in charge of the Lamco workers at Buchanan who were members of the local branch. He had assumed the position of chairman after the other union officers were suspended. Even so, the CIO sent a letter to the Minister of Labour on 2 April 1974 stating that it was for the remaining officers to appoint a temporary caretaker until the election.
  160. 160 With regard to the third allegation, concerning the arrest of Mr. Daniel Whern and the dismissal of three other persons, the Government explained that the instigators of the illegal strike had been detained and held for prosecution. These persons, who included Mr. Whern, were informed that they should refrain from participation in any union activities until the investigation of their role in the strike was completed. Mr. Whern defied this ban by going to a union meeting and, as a result, he was detained.
  161. 161 The Government also denied that the Minister had attempted to conduct an election for the purpose of removing the officers of the union at Lamco, and stated that it was not cognisant of any court action on such a ground.
  162. 162 The Government further denied having persuaded some members of the union branches at the Lamco mines and the Liberia Mining Company to dissociate themselves from the National Mine Workers' Union. On 25 and 27 February 1974, it added, it had received copies of letters addressed to the President of the National Mine workers' Union by Locals Nos. 1 and 3, indicating that they wished to withdraw their membership from that organisation because of its failure to take action with respect to certain grievances. The Ministry of Labour found the procedure employed lacking in many respects, refused to accept the petitions for disaffiliation and expressed the view that such a fundamental move had to be settled by referendum. The referendum was held on 8 May 1974 at the Liberia Mining Company and on 10 May 1974 at Lamco. Over two-thirds of the union members voted in favour of disaffiliation from the National Union.
  163. 163 Finally, the Government denied the charge that it had banned the officials of the CIO and the National Mine Workers' Union from going to the mining areas. As regards Lamco, where the ban was supposedly effective from 2 March 1974, the Government stated that the two organisations had been allowed to canvass freely without any coercion or interference from either Government or management. On the day of the referendum, their representatives were in fact present. With regard to the alleged banning of officials of the National Mine Workers' Union from the Liberia Mining Company as of 20 May 1974, the Government pointed out that the referendum had been held 12 days earlier and that this union had thus ceased to represent the workers. According to the Government, their presence would have served no useful purpose and would have been likely to disrupt industrial peace. In conclusion, it stated that it was aware of its commitments under Conventions Nos. 87 and 98 but that it could not permit selfish and disgruntled leaders to disrupt the peace and economy of the country.
  164. 164 In view of the contradictory nature of the allegations made by the complainants and the reply of the Government thereto, the Committee, at its November 1975 Session, decided, in accordance with its established procedure, to transmit the substance of the observations made by the Government to the complainants for any comments they might wish to make, on the understanding that the Government would have the possibility of replying to these comments.
• III. Additional comments made by the complainants
  165. 165 In their additional comments, dated 1 March 1976, the complainants stated that no union meeting had ever been held to request the Minister to cancel his instructions to Lamco to hold union funds. According to the complainants no national union official had made or approved any such request. The MIF also referred to the fact that the President of Liberia had subsequently ordered the arrest of Mr. Toweh for misappropriation of union funds. Mr. Toweh had since appeared in court, and was on bail.
  166. 166 With regard to the allegations relating to the appointment of a union officer by the Minister of Labour, the MIF explained that the latter had banned the CIO and the NMWU from the area covered by Local No. 3. This led to a protest by the two organisations to the President of Liberia. The President summoned them to a cabinet meeting, where they were able to put their case very forcefully. As a result, the President ordered the Minister to lift the ban. It was shortly after this incident that the Minister appointed Mr. Nabwe as chairman of Local No. 3 by letter. In order to read this letter to the workers, Mr. Burgess Huston, assistant to the general manager of Lamco, called a meeting, which he chaired. This led to a protest by a cross-section of the workers because they thought this was undue interference by Government and management in union affairs. The National Mine Workers' Union insisted that the posts of first and second vice-chairman were vacant at that time. The complainants added that it was significant that the Government had offered no comment whatsoever regarding the complaint that a meeting about a union matter had been called by the management, with a management representative in the chair.
  167. 167 As regards Mr. Daniel Whern's arrest, the complainants stated that his detention had been ordered on the pretext of his being an instigator of the strike. The real reason for his arrest, however, was that he was a supporter of the National Mine workers' Union and a likely successor to Mr. Toweh if a union election had been held at the constitutionally proper time. In addition, Mr. Whern had protested against Mr. Huston's presiding over the meeting called to introduce a union chairman not chosen by the workers. Mr. Toweh, who had also been arrested following the February strike (and who was, in fact, the real instigator of the strike), was a prosecution witness against Mr. Whern in the case connected with that strike. Mr. Whern was eventually acquitted. It was interesting, stated the complainants, that since the crisis of 1974 no union election had been held at Lamco. As regards the dismissal of three other people who spoke up against the actions criticised by Mr. Whern, the complainants noted that the Government had offered no comment whatsoever on this matter.
  168. 168 Regarding the Minister of Labour's attempt to conduct a union election, the MIF declared that this particular act of interference had occurred at the Bong Mines and involved Local No. 4 of the National Mine Workers' Union. The court action referred to began with an application filed on 8 March 1974 by the National Mine Workers' Union, Local No. 4, in the Civil Law Court, Sixth Judicial Circuit, Montserado County, for a preliminary injunction to prohibit the ministry of Labour, Youth and Sports from conducting an election of officers of Local No. 4 at the Bong Mining Company.
  169. 169 With regard to the withdrawal of the Lamco branch from the National Mine Workers' Union/CIO, the complainants stated that court action had been undertaken against the Minister when he organised a referendum with this end in view. But after the court order had been served, the Chief Justice of the Supreme Court of Liberia ordered it to be stopped. The election of an organisation to represent the workers (collective bargaining representation election) was then held without the NMWU or any other union of the CIO being allowed to participate.
  170. 170 The complainants stated that the Government's claim that, since the union's rules laid down no procedure for disaffiliation, it was therefore necessary to conduct a referendum on the question, was unjustified. The union's Constitution made no provision for the disaffiliation of local branch unions because it was the individual members who joined the union, not the group. This practice was governed by the Labour Laws of Liberia, Part VII, Chapter 40 (Labor Organizations: Regulation of internal Affairs, section 4700, subsection 14, page 138).
  171. 171 The complainants considered that the device of a referendum to determine whether or not a local branch of a union should remain affiliated to a national union, on through the national union, to a national centre, was inappropriate, and in itself constituted an intrusion into the conduct of union activities. The complainants alleged that repeated use of this weapon since the events referred to in the complaint indicated that the Government was attempting to change the present structure and leadership of the union.
  172. 172 The complainants added that the collective agreement between Lamco and NMWU Local No. 3 had been due to expire on 30 May 1974. In a letter addressed to the CIO by the Minister of State for Presidential Affairs, continued the complainants, the Minister had informed the CIO that he had directed the Minister of Labour, Youth and Sports to hold a referendum on or before 30 May 1974 in view of the desire of Local No. 3 at Yekepa and Local No. 1 at the Liberia Mining Company to disaffiliate from the CIO.
  173. 173 In addition, continued the complainants, Mr. Nabwe, who had been imposed on Local No. 3 as acting chairman, issued an appeal to vote against remaining affiliated to the NMWU/CIO, and, following the referendum, he informed the Minister that a new union, of which he was acting president, had been formed, and would apply for recognition.
  174. 174 The complainants further alleged that, as regards the collective bargaining representation election on 29 June 1974, the Minister of Labour, Youth and Sports had refused to allow the NMWU to participate since the workers had voted against continued affiliation to this union in the aforementioned referendum. The Minister wrote to "a group of workers" at Lamco informing them of the situation as regards the NMWU and pointing out that the workers were not thereby prevented from forming another union or organisation to participate in the representation election.
  175. 175 According to the complainants, the Government had also refused to allow two other CIO affiliates to participate in the representation election (namely the Mechanics and Allied workers' Union and the National Transport and General Workers' Union).
  176. 176 The complainants added that similar events had taken place in 1974 and 1975 at the Boni and Bong Mines of the Liberia mining company, involving allegations of misuse of union funds, moves by local union officers to disaffiliate their locals from the national union and requests for referenda at a time when negotiation of a new collective agreement was due.
  177. 177 Despite repeated requests by the Committee, the Government had supplied no observations on the comments made by the complainants when the Committee examined the case at its November 1976 Session. At that time, the Committee recommended the Governing Body, inter alia,
       • - to note that the allegations made involved a number of principles relating to the free exercise of trade union rights, in particular the right of workers to establish and join organisations of their own choosing (including federations and Confederations), and the right of workers' organisations to elect their representatives in full freedom, and to organise their administration and activities and formulate their programmes without any interference by the public authorities - rights guaranteed by the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Liberia;
       • - to invite the Government to transmit, as a matter of urgency, the observations requested from it.
  178. IV. Government's reply to complainants' additional comments.
  178. 178 In its communication of 10 February 1977, the Government confirms that the decision taken by the Minister of Labour to allow the release of union funds was based on a communication from Mr. Joseph Toweh (Chairman, Local No. 3, National Mine Workers' Union), Mr. Amos Gray (Secretary-General, CIO) and Mr. Alexander Kawah (Secretary-General, National Mine workers' Union). A copy of this letter is appended to the Government's communication.
  179. 179 With regard to the allegations relating to the appointment of a union officer by the Minister of Labour, the Government draws attention to its earlier statements with reference to the strike of 22 February 1974.
  180. 180 The Government likewise refers back to its earlier observations with regard to the detention of Mr. Daniel Whern. As concerns the workers dismissed, the Government points out that these persons were the major instigators of the illegal strike at Lamco.
  181. 181 With regard to the allegations relating to the attempt by the Ministry of Labour to conduct union elections, the Government states that the workers of the National Mine Workers' Union Local No. 4 requested the Ministry to do precisely this (the Government appends a copy of the letter requesting that an election be held). It was claimed in this letter that there had been no election at this local since its creation. An investigation revealed that there had been no election there since 1968. The local's request was accordingly granted and the parties concerned were authorised to hold their election as prescribed by the Labour Law. The union, realising that it had violated the provisions of the law, scheduled elections not only for Local No. 4 but for all the other locals of the National Mine Workers' Union. The Government appends to its communication a letter addressed by the National Mine Workers' Union to all the local chairmen specifying the dates of these different elections. After the election date was set, continues the Government, the officials of Local No. 4 realised that the election they had requested would not be in their favour and applied for an injunction against the Minister of Labour aimed at stopping the election.
  182. 182 As concerns the various referenda which were conducted, the Government considers that the points raised by the complainants confirm the fact that the referenda were necessary to quell internal union conflicts. With regard to the prohibiting of the Mechanics and Allied Workers' Union and the National Transport and General Workers' Union from participating in the representation election, the Government refers to the division of responsibilities between the unions affiliated to the CIO as prescribed in the latter's Constitution, which clearly circumscribes the functions of each union. The Constitution of the CIO does not allow the mechanics and Allied Workers' Union to concern itself with union affairs connected with mines. This likewise explains why the National Transport and General Workers' Union could not be included in the ballot for the representation election.

B. B. The Committee's conclusions

• V. Conclusions of the Committee
  183. 183 The Committee has examined carefully the complaint and additional comments submitted by the Miners' International Federation and the Government's replies thereto. The complainants' allegations appear to refer to various matters relevant to the exercise of trade union rights:
       • - intervention by ministers to allow the release of trade union funds to a person not authorised by the union to receive them;
       • - the appointment by the Minister of Labour of a trade union official;
       • - the arrest of a trade union official and the dismissal of other workers;
       • - an attempt by the Minister of Labour to conduct union elections;
       • - intervention by the Minister of Labour to incite a union branch to disaffiliate from a national union;
       • - prohibition of access by trade union officials to mining areas;
       • - prohibition of participation by certain unions in an election of representatives for collective bargaining purposes.
  184. 184 With regard to the allegations concerning intervention by ministers to allow the release of trade union funds to a person not authorised to receive them, the Committee notes that, according to the Government, the decision to this effect was taken upon receipt by the Ministry of a letter requesting that this be done. The Committee further notes that the Government has furnished as evidence a copy of this letter, signed by officers of Local No. 3, the National Mine Workers' Union and the CIO. It therefore appears that on this point the Government acted in response to a specific request from the leaders of the unions concerned and did nothing that was incompatible with the free exercise of trade union rights.
  185. 185 With regard to the allegations relating to the appointment by the Minister of an officer of Local No. 3 of the National Mine Workers' Union, the Committee notes that, according to the Government, the officer in question, Mr. Nabwe, had been elected second vice-chairman of the local at the previous election, and it was in this capacity that he took over the chairmanship after the chairman and first vice-chairman had been suspended from their duties because of their activities in connection with an illegal strike. The complainants, however, claim that it was for the remaining officers to appoint a caretaker to run the union until a new election could be held.
  186. 186 With regard to the allegations concerning the arrest of Mr. Daniel Whern, the Committee notes the Government's statement that this measure was taken because of his role in the illegal strike. The Committee nevertheless notes that, according to the complainants, Mr. Daniel Whern was arrested because he was a supporter of the National Mine Workers' Union and a likely successor to the chairman of Local No. 3 if an election had been held at the constitutionally proper time. The Committee further observes that, according to the complainants, no election has been held since 1974. Lastly, the Committee notes that, according to the Government, the dismissal of the workers who had supported Mr. Whern was due to the fact that they had been the instigators of the illegal strike.
  187. 187 With regard to the attempt by the Minister to conduct an election at Local No. 4 of the National Mine workers' Union, the Committee notes that, as proved by the text of a letter supplied by the Government, this election had been requested by workers belonging to the local. The union began to make preparations for elections, but subsequently it obtained an injunction ordering the Ministry of Labour to call the elections off.
  188. 188 The Committee notes that the Government denies having persuaded certain members of local branches to withdraw these branches from the National Mine Workers' Union. The Government states in this connection that it refused requests for disaffiliation submitted by certain local branch chairmen as it considered that such an important move should be made only after a referendum had been held. In this poll the workers voted in favour of withdrawal from the National Mine Workers' Union. The complainants, for their part, consider that the organisation of such a referendum constitutes interference in trade union activities. It further appears from the complainants' additional comments that similar situations subsequently arose in other mines in the country.
  189. 189 With regard to the alleged banning of representatives of the CIO and the National Mine Workers' Union from entering mining areas, the Committee notes that, in the case of the Lamco mine, the Government states that representatives of both organisations were present during the referendum, and that in the case of the Liberia Mining Company, the Government claims that the National Mine Workers' Union no longer represented the workers and that the presence of its representatives would have served no useful purpose and would have been likely to disrupt industrial peace.
  190. 190 With regard to the prohibition of participation by certain unions in the election of representatives for collective bargaining purposes, the Committee notes the Government's reference to the Constitution of the CIO, which clearly circumscribes the functions of each union, as a result of which the unions mentioned by the complainants (mechanics and transport workers) are not allowed to concern themselves with union affairs connected with mines.
  191. 191 To sum up, the Committee considers, as regards one of the allegations made - that concerning the intervention by certain ministers to allow the release of union funds to an official - that the Government acted in response to a request from the unions concerned, and that in consequence its action does not constitute an infringement of trade union rights. As concerns the other points raised, on the other hand, the Committee must observe that the situation appears to have been rather confused and that the statements made by the complainants and by the Government are sharply contradictory in many respects. The issues raised - in particular in the case of the appointment of an interim chairman of a local branch, the organisation of a union election, the withdrawal of local branches from a national union and the prohibition of access by trade union officials to mining areas - are essentially concerned with interference by the authorities in the activities of mining trade union organisations. It would, in fact, seem that some of the problems mentioned by the complainants have arisen in several organisations in the mining industry, and thus appear to give rise to a wider problem. Moreover, it is not clear to the Committee whether the matters raised have been settled or if these issues are still outstanding.
  192. 192 Bearing all these factors in mind, the Committee is of the opinion that, in order to establish the facts and seek possible solutions on the spot, it would be very useful to have recourse to the direct contacts procedure which has been used several times in the past, and which is provided for in paragraphs 20 and 21 of, its 127th Report.

The Committee's recommendations

1. 193. In these circumstances, the Committee recommends the Governing Body to request the Government to give its consent to the sending of a representative of the Director-General to Liberia to examine the facts of the case on the spot and report back to the Committee.