Rapport définitif - Rapport No. 62, 1962

Cas no 224 (Grèce) - Date de la plainte: 15-FÉVR.-60 - Clos

1. 87. This case has already been examined by the Committee at its 25th, 26th, 27th, 28th and 29th Sessions (May 1960, November 1960, February 1961, May 1961 and November 1961). After the first two of these sessions the Committee submitted to the Governing Body interim reports, which are to be found respectively in paragraphs 138 to 153 of its 47th Report and 266 to 281 of its 49th Report; the 47th Report was approved by the Governing Body at its 145th Session (May 1960) and the 49th Report at its 147th Session (November 1960). At its 28th Session (May 1961), the Committee once more submitted an interim report to the Governing Body which is to be found in paragraphs 165 to 182 of its 56th Report which was approved by the Governing Body at its 149th Session (June 1961). Finally, at its 29th Session the Committee once more submitted an interim report which is to be found in paragraphs 493 to 531 of its 58th Report which was adopted by the Governing Body at its 150th Session (November 1961).
2. 88. The complaint of the Greek Federation of Workers in Electricity and Public Utility Undertakings, examined by the Committee at its sessions in May 1960 and November 1960, comprised two series of allegations. The first dealt with the arrest and deportation of Mr. Nicholas Charaghionis, the former General Secretary of the complaining organisation; the second, which was supported by specific allegations, dealt with the general trade union position in Greece.
3. 89. As regards the second series of allegations, the Committee, after examining the complaint and the Government's reply, considered that the complainants had not supplied proof that there was any link between their allegations and the free exercise of trade union rights'; accordingly, it recommended the Governing Body to decide that this aspect of the case did not call for further examination.
4. 90. At its 27th Session (February 1961), the Committee decided to postpone its examination of the outstanding questions until it received the additional information promised by the Government, together with the Government's observations on the new allegations by the complainants which had just been submitted to it.
5. 91. At its 28th Session (May 1961), the Committee submitted its final recommendations to the Governing Body on the allegations regarding the arrest and deportation of Mr. Charaghionis. It postponed until its next session the examination of the allegations for which it was still awaiting the observations of the Government on the arrest and deportation of other trade union leaders.
6. 92. At its 29th Session (November 1961) the Committee presented its final recommendations to the Governing Body concerning this last series of allegations. It postponed the examination of a new series of allegations which had just been communicated to it and concerning which the Government had not yet submitted its observations. The following paragraphs deal only with the outstanding allegations.
7. 93. On 30 March 1962 Greece 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. A. The complainants' allegations

• Allegations relating to Refusal to Allow a Trade Union Newspaper to Be Published
  94. 94 In a communication dated 14 July 1961 the complainants allege that the Government had refused, without giving its reason, to allow a trade union newspaper to be published. In support of this allegation the complainants furnish the photocopy of the Government's refusal from which it clearly emerges that the request for authorisation to publish at Athens a monthly newspaper called The Struggle was not granted.
  95. 95 In its reply dated 23 March 1962 the Government indicates that this refusal was given by the authorities on the advice of the competent committee established in application of the Decree No. C on measures taken for order. The reason for this measure is that the chief editor of the newspaper was to be Mr. Orestis Evangele Hatzvivassiliou. The Government states that this person, a former official of the Greek Communist party, is known for his subversive anti-national activities.
  96. 96 In certain previous cases the Committee had expressed the view that the right to express opinions through the press or otherwise is clearly one of the essential elements of trade union rights.
  97. 97 The Committee, while noting that in the present case the refusal to allow a trade union newspaper to be published was not, according to the Government, intended to prohibit this trade union newspaper as such for the purpose of preventing a trade union from expressing its opinions through the press, and that, according to the Government, the chief editor is notorious for his subversive activities and the refusal was due to the Government's fear of seeing the proposed newspaper serve political ends foreign to trade union activities or which, at least, lie far outside their normal sphere, does not consider that fear of misuse of the trade union press is a sufficient reason for refusal to allow the appearance of a trade union newspaper.
  98. 98 Subject to this observation, the Committee considers that no useful purpose would be served by pursuing further the examination of this aspect of the case.
• Allegations relating to Dismissal of Workers Who Tried to Form a Trade Union
  99. 99 The complainants allege that, because of the trade union activities which they carried on, and especially because they had wished to form a trade union, several workers of the Greek Naval Dockyards were dismissed from their employment. To substantiate this allegation the complainants furnish the text of a judgment ordering the employers to pay damages to the persons concerned for wrongful dismissal.
  100. 100 In its reply the Government states that the Greek Naval Dockyards recruit or dismiss technical personnel regularly according to the needs which arise. Thus in February 1961, 141 technical workers were dismissed. The recruiting of personnel of this category was not resumed until the end of May of the same year.
  101. 101 Some of the dismissed workers, considering their dismissal unlawful, took legal action. Of these workers, some saw their appeals rejected while others obtained, if not reintegration, at least compensation for the injustice they had suffered.
  102. 102 Finally the Government states that several of the persons originally dismissed have today been re-employed by the Greek Naval Dockyards, to supply the fresh needs for employees of this category.
  103. 103 Whereas the Government ascribes the dismissals in question to the greater or smaller needs of labour, it emerges clearly from the text of the judgment furnished by the complainants that, in the cases of at least some of the persons concerned, the reason for their dismissal should be sought in their trade union activities.
  104. 104 In the present case, as in a previous case, the Committee observes that in accordance with Article 1 of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which has just been ratified by Greece, workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The same Article further specifies that such protection shall apply more particularly in respect of acts calculated to cause the dismissal of or otherwise prejudice a worker by reason of union membership. The Committee notes that the facts alleged-which for the most part are confirmed by the judgments of the courts of law-constitute the very type of situation which Convention No. 98 seeks to prevent. In view of the importance which the Committee has always attached to faithful observance of the principles embodied in this Convention, and the fact that Article 3 of the Convention provides that machinery appropriate to national conditions shall be established where necessary for the purpose of ensuring respect for the right to organise, the Committee recommends the Governing Body to suggest to the Government that it consider the adoption of such measures as may seem to be appropriate with a view to the general avoidance in future of further acts of anti-union discrimination such as those referred to in the present complaint.
  105. 105 Subject to what is stated in the foregoing paragraph, and considering that, in general, the persons concerned appear either to have been reinstated or to have been awarded compensation, following their appeal before the Greek courts, for the injustice they had undergone, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 106. As regards the case as a whole, the Committee recommends the Governing Body:
   • (a) to note the ratification by Greece on 30 March 1962 of 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);
   • (b) to decide, subject to the observation contained in paragraph 97 above, that no useful purpose would be served by pursuing further the examination of the allegations relating to the refusal to allow a trade union newspaper to be published;
   • (c) to decide, as regards the allegations relating to the dismissal of workers who tried to form a trade union:
   • (i) to suggest to the Government that it consider the adoption of such measures as may seem to be appropriate with a view to the general avoidance in future of further acts of anti-trade union discrimination such as those referred to in the present complaint;
   • (ii) to decide, subject to what is stated in paragraph 104 above and in subparagraph (b) of the present paragraph, that, for the reasons indicated in paragraph 105 above, this aspect of the case does not call for further examination.