Informe definitivo - Informe núm. 202, Junio 1980

Caso núm. 947 (Grecia) - Fecha de presentación de la queja:: 14-DIC-79 - Cerrado

1. 232. The complaint of the Pan-Hellenic Union of Merchant Marine Engineers (PEMEN) is contained in a communication dated 14 December 1979. The Government has furnished its comments by a letter dated 14 April 1980.
2. 233. Greece 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. The complainant's allegations

1. 234. The complainant organisation alleges that the Government intervenes in the internal affairs of trade unions. It refers in particular to the adoption of Act No. 330 of 29 May 1976.
2. 235. In its communication the PEMEN refers to a court decision, No. 578/79 of 17 November 1979, invalidating the elections for its administrative council, with immediate effect. The chief argument used in the suit for the invalidation of these elections was that the decision to organise them had been taken at a special and not a regular general assembly, and before the term of office of the then administrative council had expired; the assembly was therefore invalid, and consequently, so were the elections which it had authorised. The complainant organisation points out that under the Constitution of the PEMEN the general assembly is its supreme body, and it is therefore empowered to take any decisions concerning the organisation and its membership. The PEMEN adds that the elections were held early - an acknowledged custom in Greece, it claims - because of internal dissension and the rejection of the report on the activities of the administrative council then in office, which obliged the latter to convene a special general assembly to arrange for the election of a new council. Following the court decision invalidating the elections the present administration of the complainant organisation filed an appeal, with the request that it be suspensive so that the present administrative council could remain in office.
3. 236. The complainant organisation also refers in its communication to breaches of Act No. 3276 of 26 June 1944 respecting collective agreements for seamen's work. On 1 October 1979 the Union of Greek Shipowners (EEE) and the Pan-Hellenic Maritime Federation (PNO) signed a collective agreement applicable to seagoing vessels of over 4,500 dwt. The collective agreement was also signed by all the organisations affiliated to the PNO with the exception of the PEMEN. The Greek Ministry of the Merchant Marine issued a decision which it communicated to the EEE, the PNO and all Greek port authorities recognising Opinion No. 606 dated 11 October 1979 of the Third Sector of the State Legal Council making the collective agreement binding upon the PEMEN and its members. The complainant points out that Act. No. 3276 of 26 June 1944 gives "the most representative organisation" the right to sign collective agreements for its members. Yet the complainant was not called upon to take part in the negotiations even though, firstly, it considers itself to be the most representative union in its category, since it represents practically all the 20,000 Greek marine engineers and, secondly, the agreement was signed by the rival union, the Diesel Engineers' Union (PEMEKEN), which has a membership of 260.

B. The Government's reply

1. 237. In its communication of 14 April 1980, the Government begins by stating that the invalidation of the PEMEN elections was ordered by the competent authority under the law, namely the Court of the Justice of the Peace for Piraeus, on the ground that the legislation in force had been contravened. The administration of the PEMEN filed an appeal against this ruling, and the case came before the Court of First Instance for Piraeus on 1 March 1980. The Government points out that the administrative council of the PEMEN is still performing its functions. The Government insists on the fact that the examination of the case is exclusively a matter for the Greek courts of justice, and that consequently no interference by the administrative authorities is allowed.
2. 238. Secondly, the Government states that in accordance with article 23 of the Constitution of Greece and with Act No. 3276 of 1944 respecting collective agreements for seamen's work, the Ministry of the Merchant Marine is called upon to ratify collective agreements concluded between the representative employers' and workers' organisations concerned, which are: the Union of Greek Shipowners (EEE) and the Pan-Hellenic Maritime Federation (PNO), to which the PEMEN belongs. According to the Government, the Ministry of the Merchant Marine ratified the collective agreement in question because it had been signed by the PNO, and not because it considered the PEMEKEN to be the most representative engineers' organisation. The fact that the PEMEKEN had signed the agreement had no bearing whatsoever or its endorsement. The Government points out that this collective agreement is solely concerned with general conditions on the basis of which the PNO can negotiate, and not with specific matters of interest to engineers. It further states that collective agreements establish basic levels and seamen are free to negotiate more favourable conditions with their employers.

C. The Committee's conclusions

1. 239. The Committee notes that this case involves two series of allegations: on the one hand, the invalidation of the elections for the administrative council of the PEMEN, and, on the other, the application of a collective agreement negotiated and signed by the PNO, to which the complainant organisation is affiliated.
2. 240. As concerns the invalidation of the elections, the Committee considers it appropriate to recall that the control of a trade union's activities may be justified if these activities violate legal provisions or union rules, provided that this control is exercised by the competent judicial authority. In the present case, the Committee notes that the invalidation decision was pronounced in the first place by the Court of the Justice of the Peace for Piraeus, on the ground that there had been a breach of the legislation in force as concerns trade union elections. The Committee further notes that the claim for invalidation was brought by five members of the PEMEN. The Committee also notes that the administrative council is still in office following the filing of its appeal. The Committee is accordingly of the opinion that the complainant has not furnished evidence of any infringement of the principles of freedom of association.
3. 241. As regards the allegations made with respect to the collective agreement signed by the PNO, the Committee notes that the agreement deals with the general terms and conditions of employment of all merchant marine personnel. Consequently this agreement has been signed by the Pan-Hellenic Maritime Federation (PNO), to which are affiliated the unions for the different categories of seafarers, including the complainant organisation. Its endorsement by the Ministry of the Merchant Marine does not therefore appear to constitute an infringement of the principles of collective bargaining. Nevertheless, in so far as the PEMEN appears to represent the majority of the engineers in the Greek merchant marine, it would be desirable for this organisation to be represented in any negotiations concerning problems specific to this category of personnel. The Committee has indeed emphasised on many occasions the importance it attaches to the recognition by employers for collective bargaining purposes of the organisations representative of the workers employed in a particular branch of activity.

The Committee's recommendations

1. 242. In these circumstances, the Committee recommends the Governing Body:
   • (a) as regards the invalidation of the elections for the administrative council of the PEMEN, to decide, for the reasons set forth in paragraph 240 above, that this aspect of the case does not call for further examination;
   • (b) as regards the collective agreement signed by the PNO:
   • (i) to note that, for the reasons set forth in paragraph 241 above, the endorsement of the agreement by the Ministry of the Merchant Marine does not appear to constitute an infringement of the principles of collective bargaining;
   • (ii) to print cut nevertheless that it would be desirable for the PEMEN to be represented in any negotiations concerning problems specific to merchant marine engineers.