Informe definitivo - Informe núm. 197, Noviembre 1979

Caso núm. 935 (Grecia) - Fecha de presentación de la queja:: 13-JUL-79 - Cerrado

1. 247. By a telegram of 13 July 1979 the Greek Federation of Bank Employees' Unions (OTOE) presented a complaint of violation of trade union rights in Greece. The complainant organisation supplied additional information in support of its complaint in communications sent on 16 July, 16 and 20 August, 26 September and 16 October 1979. In a letter of 3 August 1979 the International Federation of Commercial, Clerical and Technical Employees supported the complaint presented by OTOE. The Government sent its observations in communications of 26 September and 18 October 1979.
2. 248. Greece 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. Allegations of the complainants

1. 249. The complaint of OTOE in its telegram of 13 July 1979 refers to the mobilisation measures taken by the Greek Government on the occasion of a bank employees' strike.
2. 250. In its communication of 23 July 1979 OTOE states that it represents 33 trade unions and 35,000 bank workers. One of OTOE's major achievements, explains the complainant organisation, has been the introduction of a five-day working week with daily hours of work from 7.45 a.m. to 3.30 p.m. This organisation of working time, which had originally been applied experimentally for a year and later extended on several occasions, had finally been included in the collective agreement for the banking sector of May 1979.
3. 251. However, continues OTOE, the Government took a number of measures on 3 July 1979, in particular changing working hours, in order to combat the energy crisis. This change was advocated by the Government as the best solution to traffic problems and problems of fuel consumption. For this purpose the Government embarked on negotiations with the representatives of the different groups of wage earners. An exception was made, however, in the case of bank workers, and the new working hours for this sector were fixed without previous notice and in the most arbitrary manner. The information was given over the radio and television and the persons concerned learned in this way that from 1 August 1979 they would have to work from 9 a.m. to 5.30 p.m., with one hour's break for lunch.
4. 252. The Executive Council of OTOE, which met at that time, decided to call a nation-wide bank strike of unlimited duration to demand that the change in working hours should not be decided on unilaterally and arbitrarily. OTOE regards the Government's argument regarding fuel savings as a mere pretext to conceal the real reasons for the decision taken, namely the requirements of big business. According to the complainant organisation the new working hours will increase fuel consumption since more electricity will have to be used and the workers will be able to take their lunch outside the workplace. OTOE also claims that the new working hours are not suited to the climatic conditions and that they will result in disorganisation of the family and social life of bank workers.
5. 253. In OTOE's opinion the rightness of its cause has been demonstrated by the total participation of the bank workers in the strike. The banks were closed for a week and the strike was suspended only by mobilising workers. On 7 July 1979, explains OTOE, the Ministry of Co-ordination sent a telex to bank managers reproaching them for not having taken steps to enable the banks to operate, even if only partially, and ordering them to compel their senior staff to help them to break the strike. In accordance with these orders the bank managers set up machinery to reduce the number of strikers by means of promises, threats and blackmail.
6. 254. On 8 July 1979 the Minister of Co-ordination announced stern and effective measures to deal with the strike. On 9 July the Minister placed banking operations in the hands of other bodies and engaged former bank workers and retired persons in the banking sector. The television and radio were used to slander the strikers.
7. 255. On 10 July a representative of the International Federation of Commercial, Clerical and Technical Employees arrived in Greece, and the following day bank managers received from the Government verbal instructions to cease the check-off of trade union dues. After a press conference given by the representative of the International Federation of Commercial, Clerical and Technical Employees, the Minister of Labour said that Greece would not allow foreigners to interfere in its internal affairs. On the evening of the same day strikers were mobilised and the strike suspended. On 12 July the decision on the new working hours was published in the Official Gazette, the end of the working day finally being fixed at 4.45 p m
8. 256. As regards the mobilisation order issued to the strikers, OTOE refers to section 22, subsection 3, of the Greek Constitution, which provides that "all forms of compulsory labour shall be prohibited. The conditions under which personal services may be required in the event of war or mobilisation, or to meet the defence needs of the country, shall be regulated by special legislation". In this connection the complainant organisation remarks that the special legislation in question has still not been passed. According to OTOE, it was by decision of the Prime minister that the mobilisation order was based on Decree No. 17/1974, which had been adopted at a time when there was fear of a conflict between Greece and Turkey. OTOE considers that the provisions of this Decree should no longer be applied, since the Greek Constitution subsequently entered into force in 1975.
9. 257. Finally, OTOE, after summarising its allegations, states that the Government has acted in violation of the International Labour Conventions which have been ratified by the competent national bodies and incorporated into Greek legislation.
10. 258. In its communication of 16 August 1979 OTOE explains that, by decision of 18 July, it called limited strikes each day between 3.30 p.m. and 4.15 p.m., thus virtually applying the former working hours. Subsequently, on 6 August 1979, the General Council of the Federation decided to continue this form of strike and called further strikes of 24 hours on 13 August, 48 hours on 16 and 17 August and 3 days on 27, 28 and 29 August.
11. 259. OTOE also states that the mobilisation decision has not yet been countermanded, but that it has been left in abeyance since there was no reason for maintaining it. On 10 August 1979 the bank managers applied for an injunction against OTOE on the grounds that it had contravened the decision of the Council of Ministers introducing the new working hours. The bank managers also petitioned the court to take temporary measures to suspend the strike until the opening of the proceedings against OTOE and to prohibit strikes until the petition had been examined. In addition the bank managers asked for damages of US$11,000 per OTOE member. The judge accepted the prohibition of the strike until the examination of the petition, which was fixed for the next day, 11 August 1979. The judge finally allowed the bank managers' petition on the grounds that the working hours had not been lengthened but merely changed, that the prejudice suffered by the bank workers was less than the losses of the banks and that Act No. 40/79, on which the ministerial decision was based, related to the maintenance of public order. It ordered OTOE to restrain from 45-minute strikes and any other form of strike. OTOE was ordered to pay the banks 100,000 drachmas (US$2,230) in the event of failure to respect the court's ruling, together with 68,000 drachmas (US$1,950) costs.
12. 260. OTOE opposes this ruling, since it considers that the prejudice suffered by the personnel as a result of the changed working hours is greater than that suffered by the banks, that the work stoppages between 3.30 and 4.15 p.m. cannot be regarded as normal strikes, and that Act No. 40/79 respecting energy savings has nothing to do with the decision to change working hours. OTOE recalls that it put forward these arguments in its petition to the Council of State for the quashing of Decision No. 69/79, and stresses that the adoption of temporary measures against the strikers by the judge has rendered them powerless at the most crucial point in their campaign. OTOE finally remarks that, in the light of the decision by the judge, the trade union leaders would no longer be protected if it were necessary to resort to further strike action, and that they and the striking workers could be dismissed or sentenced.
13. 261. In its communication of 20 August 1979 OTOE states that the final working hours of employees have been fixed from 8.30 a.m. to 4.15 p.m. (instead of 9 a.m. to 4.45 p.m. as decided earlier) it points out, nevertheless, that even this change was made without discussion with OTOE. The complainant organisation stresses that the decision to change working hours allowed some latitude for discussion with the other categories of workers, but was considered final as regards the banking sector. OTOE considers that this is clear evidence of discrimination against bank workers.
14. 262. OTOE states that, in addition to referring to power savings, the Government argues that it was necessary to bring working hours in Greek banks into line with those in other European countries. The complainant organisation refutes these arguments, and claims that the former working hours did not result in traffic congestion and that it is not necessary to synchronise working hours in banks in the various countries of Europe. In the opinion of OTOE, the real reason behind the decision was the Government's wish to change the "way of life of the employees", as one minister put it. Finally, after recalling the circumstances in which the strike took place, OTOE announces that it has received the support of the Greek General Confederation of Labour.
15. 263. In its communication of 26 September 1979 OTOE states that the Government persists in maintaining the new working hours. Further strikes were called on 20, 21 and 28 September 1979. The trade union organisations in other sectors (electricity, aviation, buses, telecommunications) took part in the last of these. OTOE next refers to the measures taken against the strikers in various banks (seven contracts not renewed at the General Bank of Greece, transfer of one employee at the Bank of Greece and two employees at the Commercial Bank of Greece). The personnel of the National Bank of Greece and the Bank of Attica are said to have received threats or warnings.
16. 264. In its telegram of 16 October 1979 OTOE alleges that workers at the Bank of Greece and the Commercial Bank have been transferred. It mentions the cases of Mr. Savas Papasavas, representative of the Federation on the island of Rhodes, whose transfer has affected his position as trade union leader, and those of Messrs. Guvas and Papamichael. According to OTOE these transfers were made not for service reasons but were clearly intended as measures of intimidation.

B. Reply of the Government

1. 265. In its communication of 26 September 1979 the Government explains that under Act No. 40 of 13 May 1978 respecting measures to be taken to save energy it was authorised by Parliament to take the necessary steps to deal with the problems arising as a result of the energy crisis, in particular as regards opening and closing times of establishments or undertakings of all kinds. In a declaration of 3 July 1979 the Government announced its intention to establish a "differential work schedule" for workers in different sectors. The new working hours were staggered at intervals between 8.30 and 10 a.m. and 4 and 5.30 p.m. This system was to be applied as from 1 August 1979 and involved no changes in the total length of the working day.
2. 266. These hours were considered appropriate, says the Government, on the one hand to meet the serious problems posed by road traffic and on the other hard to bring the operation of certain services gradually into line with the practice followed in the rest of Europe, in particular in the European Communities.
3. 267. According to the Government the measures were accepted by the workers of all branches, who later asked to discuss certain adjustments with the Government; this request was complied with immediately. OTOE alone decided, without previous notice and without requesting discussions beforehand, to call a strike of unlimited duration, stating that the bank workers would accept no change in their working hours. The Government saw this as direct opposition to the Act respecting energy savings.
4. 268. The Government rejects the allegations that the measures taken constitute a violation of the International Labour Conventions ratified by Greece. It considers that the strike called by OTOE constitutes an abuse of its rights. In this connection the Government remarks that the Greek Constitution of 1975 is one of the most advanced as regards the right of association and the right to strike. It observes, however, that these rights are subject to the condition that they are not exercised abusively. The Constitution prohibits all forms of compulsory labour and places the right to work under the protection of the State. Thus the State is under the obligation to take all measures to protect this right. The Government observes that the workers' organisations concerned had lodged an appeal with the Supreme Administrative Court (Council of State) against the government decision, but that they subsequently withdrew it since, in the opinion of their legal advisers and the counsellor of state acting as reporter, their complaint was without foundation.
5. 269. The Government also states that by virtue of section 28 of the Constitution ratified international treaties are an integral part of national law and supersede any contrary provisions. OTOE would therefore have been able to bring an action for violation of the Conventions ratified by Greece before the Greek courts.
6. 270. As regards the allegations concerning the appeal of the banks to the courts to have the strike declared abusive and to forbid it, the Government remarks that the bank administrations have exercised the legal right to appeal to the courts which is enjoyed by all legal persons or bodies corporate. As regards the check-off of union dues by the banks and their return to the trade unions the Government stated in a letter to OTOE, which is attached to its communication, that this was a matter governed by the bank regulations or collective agreements. Consequently, states the Government, OTOE may apply to the bank administrations for any settlement that it wishes.
7. 271. In connection with the alleged reprisals by the General Bank against its employees, the Government states in its letter to OTOE that the dismissed employees were bound by a contract of employment expiring in July 1979 and that the decision to dismiss them was taken on 20 June 1979, before the strike began.
8. 272. The Government also indicates that the order given by the Minister of Co-ordination to leave the banks open was in keeping with the obligation of the State and the banks to safeguard freedom to work in accordance with the Constitution.
9. 273. The allegations concerning the violations of bank employees' rights under collective agreements are, according to the Government, without foundation. It explains that the collective agreement of 9 May 1979 merely covers the introduction of the five-day work week and total hours of work and not the times at which work begins and ends, which are a matter for the employer to decide. At the time the agreement was signed the Minister of Co-ordination had explained to OTOE representatives that the question of opening and closing times would be settled in due course so as to facilitate dealings with the public and relationships with banks in other European countries.
10. 274. The Government observes that the representatives of OTOE were received by the Ministers of Labour and Co-ordination on a number of occasions, both during and after the strike.
11. 275. As regards the staff mobilisation measures, the Government states that these are based on Act No. 17 of 1974 respecting emergency civil planning. It considers not only that the strike was illegal, but that its continuation brought about social disturbances of exceptional magnitude and seriously damaged the economy. The Government explains that the State could no longer meet its financial obligations, that undertakings could no longer draw money to pay their personnel, that retirement pensions could no longer be paid and that tourist transactions were disrupted. There thus existed circumstances of force majeure such as those defined by the Forced Labour Convention, 1930 (No. 29). The Government remarks, however, that it began to mobilise labour only at the end of the eighth day of the strike and for only 12 to 15 per cent of the personnel, by means of individual summonses. These measures were designed to ensure a minimum level of banking operations and to cope with the disruption in the normal living conditions of the entire population. The mobilisation ceased at the end of the bank employees' strike of indeterminate duration.
12. 276. As regards working hours properly speaking, the Government states that the spread-over of the working day was to between 9 a.m. and 5 p.m., with one hour's break for lunch. It was also envisaged that banks should work in rotation on Saturday, with compensatory time off on Monday. The Government subsequently abolished the one hour's break and Saturday work, thereby meeting two of the bank workers' demands. In addition, after discussions with the Greek General Confederation of Labour and the Supreme Administration of Public Servants' Associations, the Government fixed the hours of work between 8.30 a.m. and 4.15 p.m. This change was welcomed by the organisations concerned and by the workers.
13. 277. Nevertheless, OTOE renewed its appeals to strike for periods varying between one and three days. Faced with this situation the bank administrations appealed to the competent court in Athens. On 14 August 1979 the court rendered its judgement and pronounced the work stoppages to be unlawful and abusive. In the opinion of the court the prejudice suffered by the employees as a result of the changed working hours was less than that caused to the national economy, and the means used were thus disproportionate to the aims pursued.
14. 278. Following discussions with the Minister of Labour and the Under-Secretary of State for Co-ordination OTOE presented 11 claims on 31 August 1979, most of which were met. However, this organisation again called a strike for 20 and 21 September 1979. In conclusion, the Government expresses its firm conviction that the complaint will be rejected.
15. 279. In its communication of 18 October 1979 the Government remarks that the measures adopted by the bank administrations were taken in accordance with their duty to carry on their activities for the benefit of the national economy and to ensure freedom to work. As regards the transfers which the complainants allege to have taken place, the Government states that these were ordinary transfers which had become essential for operational reasons and which could not be deferred. Thus the transfer of Mr. Savas Papasavas was decided with a view to meeting the needs of the Samos branch of the Bank of Greece; that of Mr. Guvas was made necessary by the fact that a post had become vacant (Mr. Guvas was chosen because he had fewer family obligations and did not hold a responsible position); finally, Mr. Papamichael was transferred from an over-staffed branch to another which was short-staffed.
16. 280. The Government remarks that the persons concerned or their organisations had the right to appeal to the Public Prosecutor if they considered that their trade union rights had been violated, and states that Act No. 330/76 provides for penalties of imprisonment in such cases. The Government finally notes that the signatories of the complaints are no longer President and Secretary-General of OTOE. This organisation is now without an administration owing to dissension among the various tendencies represented in its General Council.

C. Conclusions of the Committee

1. 281. The Committee notes that the present case refers to a collective labour dispute in the banking sector caused, according to the complainants, by a government decision to change the working hours which were then applicable for that branch of activity as part of a programme to save energy. The Greek Federation of Bank Employees' Unions considered that this decision was arbitrary, since it had been taken without previous consultation with the trade union organisations. Furthermore, according to the Federation, it was in breach of the collective agreement signed in May 1979 which had fixed the working hours of bank employees.
2. 282. According to the Government, the strike called by the Federation had lead to a situation of force majeure, since it had caused social disturbances of exceptional magnitude and considerable damage to the economy. The Government accordingly took measures to mobilise labour which, it said, were ordered only on the eighth day of the strike and which affected only 12 to 15 per cent of the personnel.
3. 283. The complainants also allege that the situation thus created had resulted in various consequences, particularly the stoppage of check-off of union dues and reprisals in the form of transfers or dismissals of certain workers.
4. 284. As regards the allegations that the Government's decision constituted a breach of the collective agreement in force in the banking sector, the Committee notes the statement of the Government to the effect that the agreement covered only the total hours of work, but not opening and closing times. Accordingly, it cannot be claimed that this decision was contrary to the stipulations of the collective agreement regarding conditions of work. The Committee nevertheless feels that, in view of the relatively minor nature of the changes - since total hours of work were not affected - previous consultation of the organisations of workers concerned would have done much to prevent the dispute. The Committee also notes that discussions were subsequently held between the government authorities and the trade union organisations, including OTOE, and that the Government's initial decision was modified. The Committee expresses the hope that the negotiations will continue with a view to settling the dispute in a manner acceptable to all the parties concerned.
5. 285. As regards the allegations relating to the right to strike, the Committee must recall that this right is one of the essential means by which the workers and their organisations may promote and defend their occupational interests. Although it has held that restrictions or prohibitions on the right to strike are admissible in the public service and in essential services provided that such limitations are accompanied by certain compensatory guarantees, it has stated, with particular reference to a case in the banking sector, that this principle might be set aside if a strike were declared illegal in one or more firms which were not performing an "essential service" in the strict sense of the term.
6. 286. The Committee also notes that, in the present case, the mobilisation measures affected 12 to 15 per cent of the personnel and wishes to draw attention, as it has done on a number of occasions, to the possibility of abuses inherent in the mobilisation of workers as a means of settling labour disputes. In such cases the Committee has stressed the undesirability of resorting to measures of this kind, except when it is necessary to maintain essential services in circumstances of exceptional gravity.
7. 287. As regards the allegations concerning the suspension of check-off, the Committee considers that, if this situation were to continue, it would constitute a serious limitation on the right of trade unions to organise their administration and activities in full freedom. It therefore expresses the hope that all obstacles will be removed so that the negotiations between the banking institutions and the organisations of workers concerned will enable this problem to be solved rapidly.
8. 288. As regards the alleged measures taken against certain workers, the Committee notes that, according to the Government, these measures were unconnected with the strike but were made necessary by the exigencies of the service. Moreover, it would appear that some of the dismissals mentioned in the complaints took place even before the strike began. The Committee accordingly considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 289. In these circumstances the Committee recommends the Governing Body:
   • (a) to observe that because of the relatively minor nature of the change in working hours previous consultation with the workers' organisations would have done much to prevent the dispute;
   • (b) to note that the initial decision of the Government was modified and to express the hope that negotiations will continue with a view to settling the dispute in a manner acceptable to the parties concerned;
   • (c) to draw the Government's attention to the principles and considerations set forth in paragraphs 285 and 286 above as regards the right to strike and the mobilisation measures, and in particular to stress the undesirability of resorting to mobilisation, except where it is necessary to maintain essential services in circumstances of exceptional gravity;
   • (d) to express the hope that all obstacles will be removed so that negotiations between the banks and the trade union organisations will bring about a rapid solution of the problem posed by the suspension of check-off;
   • (e) to decide, for the reasons set forth in paragraph 288 above, that the allegations relating to the dismissals and transfers of certain workers do not call for further consideration.