Effect given to the recommendations of the committee and the Governing Body - REPORT_NO371, March 2014

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

1. 125. The Committee last examined this case, which concerns the issue of the assignment of trade union property, and the alleged interference in the establishment of trade union organizations and harassment of trade union leaders at its March 2013 meeting [see 367th Report, paras 1240–1257]. On that occasion, the Committee made the following recommendations:
   • (a) Noting with interest the information provided by the Government in relation to the meeting held between the directors of the State Property Fund of Ukraine and the FPU, with the participation of representatives of the implementing ministries, in order to settle the question of the assignment of property, as well as the Agreement reached, the Committee requests the Government to keep it informed of further developments in this regard.
   • (b) As concerns the remaining alleged instances of the interference in the FPU and its affiliates’ trade union affairs, the Committee requests the Government to ensure that these allegations are investigated through independent inquiries and to keep it informed of the results of such inquiries. Moreover, it once again requests the Government to provide its observations on the two 2011 decisions of the Shevchenkivski District Court of Kiev.
   • (c) The Committee once again requests the Government to institute an independent inquiry into the allegation of the establishment of the Trade Union of the Sea Transport Employees (United) by, or upon, the initiative of employers and to provide information on its outcome.
2. 126. In its communications dated 8 April, 22 July, 29 August and 2 October 2013, the Government indicates that the State Property Fund of Ukraine is continuing to hold working meetings with representatives of the Federation of Trade Unions of Ukraine (FPU) and the competent authorities to resolve the issue of the compilation of an inventory and the list of properties which, as of 24 August 1991 were being managed, held and/or used by Ukrainian trade unions and to make proposals on their future use. The Government informs that the draft directive of the Cabinet of Ministers of Ukraine on “Certain matters relating to the management of property of all-union civil society associations (organizations) of the former USSR being returned to state ownership by a court decision” that was agreed upon with the FPU has not yet been adopted by the Government. According to the Government, it continues working with the unions on the issue of the assignment of property.
3. 127. With regard to the recommendation (b), the Government refers to the legislation in force which provides for the protection against interference in trade union activities by the authorities. It further provides a copy of rulings of the Appellate Court of Kiev dated 21 September and 17 August 2011, respectively, overturning the two decisions of the Shevchenkivski District Court of Kiev.
4. 128. The Government further indicates that the matter of the establishment of the Trade Union of the Sea Transport Employees (United) was examined by the relevant authorities. On the basis of the information received it was possible to conclude that the union was not founded by, or upon, the initiative of employers. The Government explains that the union has in fact complained of interference in its activities by the heads of the state enterprises. To address this matter, by a communication dated 25 August 2012, addressed to the heads of the state enterprises against which the Trade Union of the Sea Transport Employees (United) has complained, the Ministry of Social Policy provided clarifications on the legislation and the ILO Conventions which Ukraine has ratified with regard to trade union activities and accountability for violations of trade union legislation. The Ministry recommended to the managers to cooperate with the primary trade union organizations established and operating at these enterprises.
5. 129. The Committee takes note of the information provided by the Government. It welcomes the Government’s indication that it has engaged with trade unions on the question of the assignment of property and expects that it will continue doing so until this matter is resolved.
6. 130. The Committee further takes note of the rulings of the Appellate Court of Kiev overturning the two 2011 decisions of the Shevchenkivski District Court of Kiev (in the first decision, the court of first instance had declared illegal the decision by the Statutory Commission of the FPU not to include one more candidate in the list of the candidates for the FPU Chairperson election and obliged the organization to take a decision on the inclusion of this candidate in the list of candidates; in the second decision, the court had invalidated the decision of the Tenth Kiev City Trade Union Conference of 17 December 2010 and reinstated, in the position of the Chairperson, the candidate who did not have the majority of votes), which, based on the information provided by the complainant, appeared to interfere with the right of trade unions to elect their representative in full freedom. The Committee regrets, however, that no observations have been provided by the Government on a number of alleged instances of interference by the authorities in the activities of the FPU and its affiliates. These allegations include: inquiry into trade union fees paid to the structural organizations of the Trade Union of Workers of Education and Science of Ukraine; inquiry into the receipt and the use of trade union dues paid by students to the trade union committee of the Nadvirnya technical college No. 11 in Ivano-Frankivsk; instruction given by the General Prosecutor’s Office on 23 May 2011 to the FPU not to examine certain issues at the sitting of its presidium on 24 May 2011; and request by the Prosecutor’s Office of the Bagliysky region of Dneprodzerzhynsk city in Dnepropetrovsk region addressed to the Chairperson of the trade union committee of the “Dnepr AZOT” to produce notarized copies of the trade union committee statutes, staff list and decisions adopted at trade union meetings between 2010 and 2011. The Committee once again requests the Government to ensure that the above allegations are investigated through independent inquiries and to keep it informed of the results of such inquiries.