Effect given to the recommendations of the committee and the Governing Body - REPORT_NO326, November 2001

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

1. 158. The Committee last examined this case at its June 2001 meeting when it requested the Government to ensure that ILO principles relating to the right to strike were taken into account in the draft amendments to the Transport Act. The Government was further requested to reply to the observations contained in the communication of 20 April 2001 submitted by the complainant in this case, the Independent Trade Union of Workers of the Ilyichevsk Maritime Commercial Port (NPRP) [see 325th Report, paras. 85-88].
2. 159. The complainant’s communication of 20 April 2001 alleged that, following the submission of the Independent Trade Union’s demands, the administration of the Ilyichevsk Maritime Commercial Port began to take steps aimed at liquidating the union by forcing union members, with intimidation and threats, to sign already prepared letters of resignation. Union members are being persecuted and unacceptable conditions are imposed. Furthermore, the complainant alleges that trumped-up criminal charges were brought against its president two years ago and there has still been no investigation or inquiry.
3. 160. In a communication dated 18 July 2001, the Government indicates that the matters raised in the complainant’s communication were investigated thoroughly by the Chief Labour and Social Security Directorate of the Odessa regional administration and by the regional labour inspectorate together with the Odessa Department of the National Mediation and Conciliation Service. The investigation showed that, in accordance with the Act respecting trade unions, their rights and guarantees of their activities, the five trade unions operating at the port enjoyed equal rights, representatives of all the unions participated in collective talks and signed the collective agreement with the port administration – an agreement that was also signed on behalf of the Independent Trade Union. The investigation did not find a single case of pressure being brought to bear by the port authorities on workers to force them to leave the Independent Trade Union, although of course any worker has the right to join a different union or simply to leave his or her union. Nor were any cases found of dismissal on grounds of trade union membership. As concerns the criminal proceedings against the president of the Independent Trade Union, the Government indicates that the case was closed on 1 June 2001 in view of the failure to establish the president’s guilt. The Government adds generally that formal legal complaints may be brought before the courts regarding any actions by the port authorities which may be considered to be unlawful. Finally, the Government states that a meeting of the council of the port’s work brigade leaders unanimously adopted a resolution on 3 July 2001 censuring the leadership of the Independent Trade Union and proposing that the latter organize an extraordinary meeting for the purpose of holding new union elections and that the Independent Trade Union representatives were informed of this resolution.
4. 161. In communications dated 12 July and 23 August 2001, the Confederation of Free Trade Unions of Ukraine (to which the complainant is affiliated) takes issue with the findings of the commission set up to investigate the complainant’s allegations in respect of anti-union discrimination at the Ilyichevsk Maritime Commercial Port. The complainant (NPRP) submits further information in communications dated 7 August and 19 October 2001 concerning recent violations of its collective bargaining rights.
5. 162. In a further communication dated 23 August 2001, the Government adds that the Ministry of Transport has been preparing a new transport bill which will include the following provisions:
   • Voluntary cessation of work (strike) in transport undertakings may be initiated in accordance with the procedure established under relevant legislation. Except in cases where such cessation of work would endanger the life and health of individuals or pose an environmental threat, hinder the prevention of natural disasters, accidents or major incidents, epidemic or epizootic outbreaks, or impede efforts to deal with the consequences of such events.
6. 163. The Committee notes the information provided by the Government concerning the investigations carried out at the Ilyichevsk Maritime Commercial Port in respect of the allegations made on anti-union discrimination and harassment. Furthermore, while noting that the criminal case against the president of the Independent Trade Union has now been dropped, the Committee observes with regret that the charges against him were maintained for over two years, despite the apparent absence of any proof of misconduct. In this respect, the Committee wishes to recall the importance it attaches to the principle that allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 43]. As concerns the information communicated by the Government concerning the resolution of the council of the port’s work brigade leaders, and in the absence of any clear indication as to whether the work brigade leaders are actually members of the Independent Trade Union, the Committee wishes to recall that, according to Articles 2 and 3 of Convention No. 87, workers shall have the right to establish organizations of their own choosing and these organizations, through their members, shall have the right to elect their representatives in full freedom and the authorities should refrain from any undue interference in this regard [see 324th Report, para. 985]. The Committee trusts that the Government will, where necessary, ensure respect for this principle in the Ilyichevsk Maritime Commercial Port.
7. 164. The Committee notes with interest the draft amendment in respect of section 18 of the Transport Act concerning strike action and requests the Government to keep it informed of the progress made in this respect and to transmit a copy of the new Act as soon as it has been adopted. Finally, the Committee requests the Government to reply to the additional allegations raised in the communications from the Confederation of Free Trade Union of Ukraine and the complainant’s communications dated 7 August and 19 October 2001.