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| The complainant alleges that its two principal leaders have been victims of anti-union discrimination since the union was set up, that they have been blacklisted since January 2003 and have not been able to find work on any vessel since their union action which led to the implementation of a collective agreement for all the employer’s vessels. It also alleges that the employer has set up and runs an association which serves as an intermediary between seafarers and the recruiting shipowner which seafarers are obliged to join and which hinders the legitimate activities of SygmMa; that seafarers’ freedom of association is governed by the Maritime Code, which does not give them all the guarantees of the Labour Code or the Conventions on freedom of association, particularly in regard to articles of agreement approved by the maritime administration, which stipulate that striking is considered to be serious misconduct, punishable by immediate discharge and legal action
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