Effect given to the recommendations of the committee and the Governing Body - REPORT_NO334, June 2004

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

1. 41. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 146-154]. On that occasion, the Committee requested the Government to initiate an independent inquiry into the allegations concerning the creation of a "yellow" trade union at the OAO Novorossiisk Commercial Sea Port (OAO NMTP), as well as the continuing discriminatory policy of the OAO NMTP management towards the primary trade union of the Trade Union of Water Transport Workers (PRVT) and the pressure exercised on individual members of this trade union to leave the PRVT. The Committee also requested the Government to reply to the complainants’ allegation that the collective agreement between workers and the OAO NMTP was concluded in violation of the Russian legislation.
2. 42. In its communication of 12 February 2004, the Government indicates that the additional inspection conducted by the National Labour Inspectorate of the Krasnodar Territory revealed that the collective agreement for 2002-04 was signed by the chairperson of the Trade Union of Workers of the Seaports (RMP) of the Krasnodar Territory. At that time, 3,908 workers were employed by the OAO NMTP and four following trade unions were active at the enterprise: primary trade union of the OAO NMTP dockers of the Russian Trade Union of Dockers (1,163 members), primary trade union of the PRVT (168 members), Trade Union of Workers of the Seaports of the Krasnodar Territory, to which 17 primary trade unions are affiliated (2,455 members), and the National Trade Union of Dockers of Southern Russia (60 members). The conference of the RMP Trade Union of the Krasnodar Territory authorized its chairperson to conduct collective bargaining on behalf of 2,455 workers, members of that trade union. Due to the fact that the unified representative body was not established, in conformity with section 37(3) of the Labour Code, the port administration conducted collective bargaining with the RMP Trade Union of the Krasnodar Territory, an organization representing more than half of the employees. The Government further indicates that the representatives of other trade unions participated in discussions on the draft collective agreement. The Government adds that since the current collective agreement expires on 1 May 2004, the port administration took the initiative towards concluding a new collective agreement for 2004-07 by issuing an order to nominate, authorized by the respective trade unions, representatives to the commission responsible for conducting collective bargaining. Finally, the Government points out that no violations of labour legislation were revealed by the inspection.
3. 43. The Committee notes the information provided by the Government.