Report in which the committee requests to be kept informed of development - REPORT_NO329, November 2002

1. 688. The complaint in the present case is contained in a communication dated 15 January 2002 from the Democratic Labour Confederation (CDT).
2. 689. The Government sent its observations in a communication dated 6 May 2002.
3. 690. Morocco has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); it has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. The complainant’s allegations

1. 691. In its communication dated 15 January 2002, the CDT explains that the Professional Association of Moroccan Banks (GPBM) is an organization that comprises all the commercial banks operating in Morocco and that the Moroccan banking sector employs 28,000 staff and management. The collective labour agreement that governs working relations in this sector was signed in 1960 with the banks’ unions (USIB), which was affiliated at that time to the Moroccan Labour Union (UMT). Since then, this collective agreement has had only certain articles known as agreement protocols amended. In February 1993, the majority of the national committee of the banks’ unions of the UMT, including its Secretary-General and most of the local executive officers, left the UMT and joined the CDT in order to form the Banks’ National Trade Union (SNB). Furthermore, almost half the staff delegates would have submitted to the presidency of the Professional Association of Moroccan Banks statements confirming their membership of the SNB/CDT.
2. 692. The complainant organization states that the GPBM, instead of noting the new trade union situation and opening dialogue with the SNB/CDT, chose to support the UMT and refused to negotiate with the SNB/CDT. Moreover, the complainant organization states that, at the most recent elections of staff representatives held in 1997, the SNB/CDT would have polled 51 per cent of the staff delegates, confirming thereby its effective representativeness. Despite these results and despite numerous requests in writing to the various people in charge at the GPBM and the Government requesting that dialogue be opened and negotiations take place with the SNB/CDT, the GPBM refused to have dialogue and negotiate with this trade union and also refused to accept its adherence to the collective labour agreement governing working relations in this sector since 1960, in violation of articles 5 and 77 of that agreement.

B. The Government’s reply

1. 693. In a communication dated 6 May 2002, the Government enclosed a copy of a letter dated 8 April 2002 from the SNB/CDT, addressed to the president of the GPBM, in which the latter was notified by the trade union of its adherence to the collective agreement of bank personnel signed between the USIB/UMT and the GPBM. In this communication, the SNB/CDT recalled that it had already notified the GPBM of its adherence in March 1993 and in October 1996, and it hoped that a meeting would take place between the parties soon.

C. The Committee’s conclusions

1. 694. The Committee notes that this case relates to allegations of refusal on the part of the Professional Association of Moroccan Banks (GPBM) to have dialogue and negotiate with the Banks’ National Trade Union (SNB), affiliated to the CDT, and the refusal to accept the adherence of the trade union to the collective labour agreement governing working relations in the banking sector and signed in 1960 between the GPBM and the USIB, affiliated to the UMT.
2. 695. The Committee notes that, according to the complainant organization, the trade union situation in the banking sector underwent a notable change in 1993 when the majority of the national committee of the USIB/UMT left to create the SNB, affiliated to the CDT. This new situation would have been reflected in the result of the elections for staff delegates in 1997, when the SNB/CDT obtained 51 per cent of the positions, thereby confirming its effective representativeness. The Committee notes that, despite this, the GPBM has to this day refused to open dialogue with the SNB/CDT and has chosen to support the USIB/UMT. The Committee notes, furthermore, that, in its very partial reply, the Government includes a letter from the SNB/CDT in which the latter notifies the GPBM of its adherence to the collective agreement of 1960. However, this letter states, on the one hand, that the SNB/CDT had already made a similar notification in 1993 and in 1996, and expresses, on the other hand, once again the hope that a meeting will take place with the GPBM very soon. The Committee notes that this letter seems in no way to confirm that the GPBM has accepted the adherence of the SNB/CDT to the collective agreement of 1960, neither does it indicate that it has decided to negotiate with the trade union.
3. 696. The Committee wishes to recall, in a general way, that if there is a change in the relative strength of unions competing for a preferential right or the part to represent workers exclusively for collective bargaining purposes, then it is desirable that it should be possible to review the factual basis on which that right or power is granted. In the absence of such a possibility, a majority of the workers concerned might be represented by a union which, for an unduly long period, could be prevented – either in fact or in law – from organizing its administration and activities with a view to fully furthering and defending the interests of its members. Furthermore, the authorities have the power to hold polls for determining the majority union which is to represent the workers for the purposes of collective bargaining. Such polls should always be held where there are doubts as to which union the workers wish to represent them [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 836-837]. The Committee trusts that the Government will fully take these principles into account in the future. Moreover, the Committee requests the Government to inform it whether, following the communication of the SNB/CDT of 8 April 2002, the GBPM has accepted the adherence of this trade union to the collective labour agreement governing working relations in the banking sector and the negotiations between the parties involved have begun. Should this not be the case, the Committee requests the Government to take all necessary steps to ensure that acceptance of the trade union’s adherence and the opening of negotiations between the parties involved take place without delay. The Committee requests the Government to keep it informed in this respect.