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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- 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.
- 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.
- 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.
- 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.