Rapport intérimaire - Rapport No. 202, Juin 1980

Cas no 900 (Espagne) - Date de la plainte: 14-FÉVR.-78 - Clos

1. 337. The Committee has already examined this case at its May 1979 session, when it submitted an interim report to the Governing Body. Since then, the Spanish Confederation of Employers' Organisations has presented a complaint by a communication dated 11 July 1979, and the Government has sent to the ILO two communications dated 30 October 1979 and 25 April 1980.
2. 338. Spain 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. Previous examination of the case

1. 339. The allegations examined by the Committee related to the problem of the disposal of the assets of the Spanish Trade Union Organisation, now dissolved. The Committee made a distinction between the assets received by the Trade Union Organisation immediately after the civil War as a result of the confiscation measures taken, inter alia, against certain trade union organisations (including the General Union of Workers) and the income it subsequently received in the course of its existence.
2. 340. The Committee recalled in general terms that in cases which had come before it involving the liquidation of trade union funds and assets it had bean guided by the criterion that, when an organisation was dissolved, its assets should eventually be distributed among its former members or handed over to the organisation that succeeded it. The Committee had also pointed out that the latter expression should be taken to mean an organisation or organisations pursuing the aims for which the dissolved unions had been established, and pursuing them in the same spirit.
3. 341. As concerns the assets confiscated from the UGT, the Committee recognised that particular difficulties existed in the present case, in particular because of the long period of time that had elapsed since the UGT was proscribed. Nevertheless, as the Committee pointed out, there was no problem of succession, since the UGT still existed.
4. 342. The Committee observed, however, that according to the Government, the confiscated assets formed only a small part of the estate of the Trade Union Organisation established after the Civil War. In fact, that organisation had had at its disposal throughout its existence substantial resources deriving from donations or transfers from the State or public or private bodies and from the compulsory dues paid by workers and employers. These resources had been used for different purposes, some of which, particularly in fields such as health, employment and vocational training, normally fell within the competence of the State or public bodies rather than trade union organisations.
5. 343. In these circumstances, the Governing Body, on the Committee's recommendation:
   • (a) as regards the problem of the return of the assets confiscated from the UGT and handed over to the official "Trade Union Organisation" created in 1940, expressed the hope that negotiations between the Government and the organisation concerned would enable an arrangement to be promptly worked out which was acceptable to the parties concerned and consistent with the principles of freedom of association;
   • (b) with regard to the problem of the disposal of the other assets of the "Trade Union Organisation", established after the Civil War,
   • (i) noted the information supplied by the Government concerning the sources from which the "Trade Union Organisation's" resources had come and the uses to which they had been put during its existence;
   • (ii) noted with interest that certain premises had been set aside for use by representative trade union organisations;
   • (iii) noted also that the public authorities and the trade union Confederations had one year in which to work out a legal formula for the final assignment of these assets, which did not preclude referring the matter to Parliament for final decision when the time came;
   • (c) requested the Government to continue to furnish information on any developments in the situation and, in particular, on any settlement reached between the parties.

B. Further developments

• (a) Complaint of the Spanish Confederation of Employers' Organisations (CEOE)
  344. 344 In its communication the CEOE states that it is claiming the assets confiscated from employers' organisations in 1939 as well as the right to participate in the machinery established to decide on the disposal of the property accumulated by the Trade Union Organisation, a significant proportion of which, as the CEDE points out, has been contributed by the employers. While appreciating the complexity of the problem, the CEOE is of the opinion that failure to hand over these assets or to arrange for formal consultations on the procedure the Government intends to follow constitutes an infringement of the lawful rights of the employers, as represented by their organisations, as well as of the ILO Conventions on freedom of association.
  345. 345 The CEDE appends to its complaint much documentary material including, in particular, an in-depth study on trade union assets. The CEOE concludes this study with a classification of the assets of the Trade Union organisation according to the use being made of them and the purpose for which they were intended as well as of the funds it had at its disposal (confiscated assets and dues).
• (b) The Government's reply
  346. 346 In its letter of 30 October 1979, the Government refers in respect of the CEOE's communication to the observations it has already made in regard to the UGT's complaint. It repeats that the assets confiscated from particular trade unions after they were outlawed represent only an infinitesimal part of the estate of the dissolved Trade Union Organisation. The bulk of the estate is derived mainly from the funds obtained through the compulsory payment of trade union dues by employers and workers from 1941 to 30 June 1977.
  347. 347 In its communication of 25 April 1980 the Government recalls the terms of the reply it made in April 1979. It stated at that time that a series of transitional measures had been taken which were carefully designed to avoid any discrimination between one union and another and to ensure that, as far as possible, every asset was assigned to the purpose for which it had been acquired. In accordance with these criteria, a distinction should be made between three types of assets: those for joint use, those used for specifically trade union purposes and those used by the labour authorities for the benefit of all workers.
  348. 348 As concerns the first category of assets, the Government states that many of the Trade Union Organisation's premises are used by the various trade union Confederations without any difficulties arising. As concerns the other two categories, the Government states that a considerable number of buildings formerly belonging to the Trade Union Organisation have been temporarily allocated to trade union Confederations or bodies which at the present time are performing functions identical or similar to those performed by the Trade Union Organisation, such as the social Institute for Leisure Time, the Mediation, Arbitration and Conciliation Institute, the Institute of Social Studies and the social Health Centres.

C. The Committee's conclusions

1. 349. The Committee takes note of the developments that have taken place since it last examined the case. Broadly speaking, the Committee must observe that neither the complaint of the Spanish Confederation of Employers' Organisations nor the Government's replies contain any new evidence of such import as to cause the Committee to modify substantially the conclusions it reached at its May 1979 session.
2. 350. The Committee is in fact of the opinion that the distinction it made between the assets received by the Trade Union Organisation immediately after the Civil War as a result of confiscation measures and the income it subsequently received is equally applicable to both the employers' and the workers' organisations concerned.
3. 351. The Committee accordingly considers that the problem of the disposal of the assets confiscated from employers' organisations in 1939 and handed over to the Trade Union Organisation created in 1940 is a matter for negotiation between the Government and representatives of the employers' organisations so that an arrangement can be promptly worked out which is acceptable to the parties concerned.
4. 352. As concerns the other assets accumulated by the Trade Union Organisation is the course of its existence, the Committee can only urge once again that there be consultation of the representative organisations of employers and workers with a view to working out a final solution to the problems that exist. In the Committee's opinion, such a solution should be based on the principle that assets should be used for the purpose for which they were intended and not on the exact amount of the contributions paid to the Trade Union Organisation by either party.
5. 353. The Committee notes in this connection the Government's reiterated statement that a series of measures have been taken to ensure that every asset is assigned to the purpose for which it was acquired. The Committee must observe, however, that no legal formula appears to have been found as yet for solving the problem of the final assignment of the assets which the Government had previously indicated as having to be settled by April 1980. The Committee considers that the very great importance attached by both the workers' and the employers' organisations to the return to them of the assets forming the "heritage" of the trade union movement should incite the authorities to take the necessary steps at an early date to enable a solution to be found in a spirit of cooperation amongst all the parties concerned.

The Committee's recommendations

1. 354. In these circumstances, the Committee recommends the Governing Body:
   • (a) to point out that the problem of the disposal of the assets confiscated from employers' organisations in 1939 should be a matter for negotiation between the Government and representatives of the employers' organisations;
   • (b) to emphasise once again the importance of consultation with the representative organisations of employers and workers with a view to working out a final solution to the problem of the disposal of the assets accumulated by the Trade Union Organisation in the course of its existence;
   • (c) to point out also that such a solution should be based on the principle that assets should be used for the purpose for which they were intended and not on the exact amount of the contributions paid to the Trade Union Organisation by either party;
   • (d) to express the hope that the authorities will take the necessary steps at an early date to enable a solution to be found in a spirit of co-operation amongst all the parties concerned;
   • (e) to request the Government to supply information on any developments in the situation;
   • (f) to take note of this interim report.