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Effect given to the recommendations of the committee and the Governing Body - Report No 415, June 2026

Case No 2749 (France) - Complaint date: 20-OCT-09 - Closed

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Effect given to the recommendations of the committee and the Governing Body

Effect given to the recommendations of the committee and the Governing Body
  1. 23. The Committee examined this case, which concerns allegations that the management of a postal services company refused to recognize the representativeness of the CDMT-Postes trade union organization, as well as allegations of anti-union discrimination against its General Secretary, at its meeting in March 2014 [see 371st Report, paras 482–522]. On that occasion, the Committee requested the Government to: (i) ensure that CDMT-Postes enjoyed the same facilities as other trade union organizations within the company; (ii) indicate whether, following the 2011 elections, CDMT-Postes could participate in technical committee meetings in establishments where it had obtained the required representativeness; and (iii) provide information on allegations of assault against its General Secretary during a peaceful demonstration in June 2013.
  2. 24. In a communication dated 21 June 2021, the complainant organization asserts that the Committee’s recommendations have not been complied with and questions the impartiality of the courts with regard to the disciplinary dismissal of its General Secretary in 2019.
  3. 25. In communications dated 10 October 2023 and 24 May 2024, the Government stated that: (i) all trade union organizations are entitled to union time, leave of absence to attend congresses or representative bodies and to sit on various advisory bodies, in accordance with Decree No. 82-447 of 1982, which applies in the absence of a new framework agreement within the company; (ii) in 2011, CDMT-Postes did not obtain enough votes to secure a seat on the local technical committee in Martinique, and subsequently did not submit a list for the occupational elections; (iii) in June 2013, the General Secretary of CDMT-Postes breached security measures in an attempt to discuss his situation with the Prime Minister, who was on an official visit to Martinique at the time. He was subsequently prosecuted for violence, insults and threats against police officers, but was finally acquitted in 2017, and throughout the proceedings never mentioned any police violence against him; and (iv) the disciplinary dismissal of the General Secretary decided in 2019 was confirmed by the Fort-de-France Administrative Court in June 2021.
  4. 26. The Committee takes note of the information provided by the Government in response to its recommendations and to the new allegations submitted in 2021. In this regard, the Committee understands that the above-mentioned 2021 judgment concerning the disciplinary dismissal of the General Secretary of CMDT-Postes is final. In the absence of any new information provided by the complainant organization since 2021, the Committee considers that this case is closed and does not require further examination.
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