Effect given to the recommendations of the committee and the Governing Body - Report No 346, June 2007

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

1. 116. The Committee examined this case at its meeting in May 2006 [see 342nd Report, paras 753–770]. It concerns the Royal Air Maroc (RAM) company’s refusal to recognize the Moroccan Union of Aviation Technicians (STAM); its refusal to negotiate with this trade union, preferring to deal with staff representatives; and several acts of anti-union harassment following a strike that began on 29 June 2005. The Committee requested the Government to ensure, firstly, that the RAM recognizes the STAM, a legally constituted trade union and the most representative and, secondly, that, in future, it negotiates with STAM’s representatives, who must not be subjected to anti-union discrimination or harassment.
2. 117. In its communication dated 31 October 2006, Aircraft Engineers International (AEI) reiterates its complaint against the Government of Morocco and the management of the RAM for violating the recommendations contained in the 342nd Report of the Committee on Freedom of Association. The complainant organization reports that many of the recommendations have not been put into effect. The leaders of STAM, as well as about 100 of its active members, were forced to leave the RAM. The company had initially granted the trade union’s requests then, as the months passed, it became impossible to contact the company or the STAM members in Morocco. The secretary-general of the complainant organization states that he could only confirm, after managing to contact a former employee, that STAM had been drained of its members and rendered powerless. The complainant attaches the testimony of a former member of STAM which describes a worsening situation, culminating in the victimization of the trade union members. According to the testimony, although the Government recognizes the trade union, the RAM does not. The complainant organization asks the Committee to conduct an investigation with the aim of awarding compensation.
3. 118. In its communication dated 14 December 2006, the Government reports that, after the first strike which ended in February 2006, the conflict reignited because of the suspension of ten technicians. The Government adds that, according to the information gathered by the external offices of the Ministry of Employment and Professional Training, they were suspended after the electric cables connecting to the fuel tank of an aeroplane were cut, and not in retaliation against those who participated in the strike, as argued by the STAM union leaders. In fact, because of the lack of work at the company, the management decided to put 100 mechanics on administrative leave. Several conciliation meetings were held and all of the mechanics who had been temporarily laid off preferred to negotiate their departure. The Government stresses that this agreement was made official through legal channels and peace was restored to the company.
4. 119. With regard to the quasi dissolution of the trade union, noted by the complainant organization, the Committee recalls that it requested the Government of Morocco to ensure that the RAM recognizes the STAM, and that, in future, it negotiates with STAM’s representatives, who must not be subjected to anti-union discrimination or harassment. The Committee wishes to draw the Government’s attention to the principle stating that no person should be dismissed or prejudiced in his or her employment by reason of legitimate trade union activities. Given the extremely serious nature of the new allegations and the contradictions between the information provided by the Government and the complainant organization respectively, the Committee requests the Government to carry out an independent, comprehensive investigation into this matter. If it is proven that acts of anti-union discrimination were committed against the members of STAM in order to dissolve the trade union, the Committee requests the Government to remedy the situation and to ensure that the RAM recognizes the STAM, and that, in future, it negotiates with its leaders. Furthermore, the Committee requests the Government to send it a copy of the legal decision concerning the administrative leave.