Effect given to the recommendations of the committee and the Governing Body - REPORT_NO350, June 2008

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

1. 66. The Committee last examined this case, which concerns allegations that the Danish Taxi Companies’ Employers’ Association established a puppet union named the Drivers’ Association and entered into a collective agreement with the latter, in its November 2006 session. On that occasion, the Committee made the following recommendation [see 343rd Report, paras 598–632]:
   • Given the serious nature of the allegations of interference by the taxi companies in the creation of the Drivers’ Association that have been raised by the complainant and, in the absence of any pending court review of or determination as to the legitimacy and independence of the Drivers’ Association, the Committee requests the Government to ensure that the competent national body duly investigates these allegations so that corrective measures can be taken against any interference found. The Committee requests the Government to keep it informed of the measures taken in this respect.
2. 67. In its communication of 9 November 2007, the Government states that the complainant organization, the Union of Drivers in Copenhagen (UDC) had settled its dispute with its employer. As the complainant has refrained from pursuing legal action to obtain a court ruling, there was no longer a case pending in the Danish legal system involving the matters raised in the present case.
3. 68. The Government indicates that respect for freedom of association principles implies that it cannot intervene in the creation of an organization, or dictate how an organization exercises its right to enter into agreements. The Government indicates that it has implemented the European Convention on Human Rights, including Article 11 concerning freedom of association, and established an appropriate machinery to ensure the freedom of association principles enshrined in Convention No. 98. In this regard, the Government points out that the competent body, which may investigate and decide whether or not an agreement is a proper agreement between two independent parties, is the judiciary, in particular the civil courts and the Danish Labour Court – a specialized court that deals with matters related to Conventions Nos 87 and 98, is composed of judges and representatives of the social partners, and is characterized by rapid legal proceedings. The Government further states that it has no mandate to, ex officio, interfere in organizational matters and consequently an examination of the matter can only be established by a court ruling. It is up to the parties claiming violation of their rights, therefore, to pursue legal actions. The Government maintains, in this regard, that the fact that the matter raised in the present case was not reviewed by the High Court due to the parties having reached a settlement cannot oblige it to take action.
4. 69. The Committee notes the Government’s indication that the complainant has reached a settlement with the employer, and that the complainant itself has not come forward with further information or additional allegations respecting the present case. The Committee considers that this case does not call for further examination.