Informe definitivo - Informe núm. 60, 1962

1. 78. In a letter dated 23 May 1960 the W.F.T.U made a complaint against Greece, alleging violation of freedom of association. This complaint was examined by the Committee at its 29th Session (November 1961). Following its examination of the complaint, the Committee submitted its final conclusions concerning some of the allegations, namely those relating to the removal of trade union officials from their posts by administrative order and the " administrative internment " of trade union leaders. These conclusions, contained in paragraphs 559 to 571 and 589 (a), and 580 to 583 and 589 (c) respectively, of the 58th Report, were approved by the Governing Body at its 150th Session (November 1961). The following paragraphs below deal only with the allegations still outstanding.

A. A. The complainants' allegations

• Allegations relating to the Dismissal of Trade Union Officials
  79. 79 The complainants alleged that in January 1959 the Chairman, Vice-Chairman and a committee member of the Shirtmakers' Union were dismissed because of their trade union activities. It was alleged that Mr. Stialamas, Treasurer of the Metal Construction Workers' Union, was similarly dismissed in February 1959. In its reply dated 9 June 1961 the Government stated that these four persons were dismissed from the undertakings in which they worked, " not owing to their trade union activities, but because of disagreements with their employers ". The Government further stated that these persons had since been re-employed by other firms.
  80. 80 The complainants alleged that Mr. Simelos, the representative of his union on the Eleusis Trades Council was dismissed by the Titan Cement Works in May 1959 because of his trade union activities, and that in June Mr. Lagos, a member of the Executive Committee of the Athens and Piraeus Electricity and Public Utilities Federation, was dismissed by the Power Company. It was further stated that Mr. Mytileneos, a member of the Executive Committee of the Iron and Steel Workers' Union, was dismissed by the Halivdourgiki Company in July. In its observations the Government stated that Mr. Simelos, Mr. Lagos and Mr. Mytileneos had been dismissed " because their employers felt that they did not fit in ".
  81. 81 According to the allegations of the W.F.T.U, in August 1959 Mr. Charamis and Mr. Voughioukas, Chairman and Vice-Chairman of the Lavrion Trades Council, were dismissed from the Lavrion mines and, similarly, the Chairman and General Secretary of the Building Workers' Union, Mr. Mitsikakos and Mr. Tzifakos, had been dismissed from their jobs at the same time. In its reply the Government stated that these four persons had been dismissed " because their employers felt that they did not fit in ", but that they had been subsequently reinstated following an appeal to the Council of State.
  82. 82 According to the complainants, in August 1959 Mr. Caryotakis, Chairman of the Ice Workers' Union, was dismissed from the Athens Ice Works; in September Mr. Christidis, General Secretary of the Nea Ionia Weavers' Union, was dismissed from the Dimitriades Textile Mill; and in October Mr. Syrishos, Mr. Kourkaris and Mr. Bakatsoulas, respectively Vice-Chairman, committee member and active member of the Dry Cleaning Workers' Union, also lost their jobs. In its reply the Government declared that all these individuals were dismissed because of misconduct.
  83. 83 " In cases of this kind " the Government concluded " there are regulations which protect wage earners against arbitrary dismissal and allow them to institute legal proceedings. " The Government quoted as evidence the reinstatement of the persons mentioned in paragraph 81 above, following a decision by the Council of State on an appeal that had been made to it.
  84. 84 At its 29th Session (November 1961) the Committee noted that the Government's reply did not clearly indicate whether the dismissals in question were unconnected with the trade union activities or offices of the individuals mentioned. The reasons cited for the dismissals even gave rise to some doubt because they merely referred to " misconduct " without any definition of the term or to " disagreement with the employer ", or simply to the fact that the employer did not consider the worker in question " to fit in ".
  85. 85 The Committee accordingly stressed the fact that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment-such as dismissal, transfer or other prejudicial measures-and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they must have the guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee pointed out that one way of ensuring such protection is to provide that these officials may not be dismissed, either during their period of office or for a certain time thereafter, except, of course, for serious misconduct. The Committee further considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers' organisations should have the right to elect their representatives in full freedom. The Committee recommended the Governing Body to remind the Greek Government of the importance that should be attached to the aforementioned principles.
  86. 86 Having noted at its meeting in November 1961 the Government's statement that any dismissed worker is entitled to take his case to court (see paragraph 83 above) and that a number of persons concerned had successfully exercised their right to appeal to the Council of State (see paragraph 81 above), the Committee considered that it would be of assistance to it to know whether the other workers concerned did or did not avail themselves of the opportunities of appeal open to them, and if they did avail themselves, what decisions were taken and on what grounds. The Committee therefore recommended the Governing Body to request the Greek Government to supply such information.
  87. 87 The Government was requested to supply the information concerned by a letter from the Director-General dated 27 November 1961. The Government replied by a letter of 13 January 1962.
  88. 88 The Government's reply the choice lies solely with the persons concerned. It appears from the Government's reply that the persons concerned have not availed themselves of the facilities for appeal open to them.
  89. 89 When the Committee has been called upon to examine similar situations in the past, it has pointed out that while, in view of the nature of its responsibilities, it cannot consider itself bound by any rule that national procedures of redress must be exhausted, such as applies, for instance, to international claims tribunals, it must have regard in examining the merits of a case to the fact that a national remedy before an independent tribunal whose procedure offers appropriate guarantees has not been pursued.
  90. 90 In the present case, having regard to the foregoing and also to the fact that some of the persons concerned have appealed successfully, the Committee considers that the persons who have failed to avail themselves of the same possibility of appeal which was open to them have not really endeavoured to obtain reparation for the wrong they believed themselves to have suffered. In these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Arrest and Sentencing of Workers
  91. 91 The complaints alleged in fairly general terms that the Government has opposed free exercise of the right to strike by having recourse to various arbitrary measures such as the requisitioning or arrest of workers; the federations that had been hardest hit by this policy were stated to be those of the railwaymen and bus workers. Similarly, teachers and employees of the Greek Telegraph and Telephone Company are stated to have been prosecuted for striking.
  92. 92 In addition to these general allegations the complainants alleged that in October 1959 five bakery workers, Messrs. A. Docopoulos, T. Papaconstantinou, J. Avgeris, B. Christopoulos and E. Betzelos, all members of the Executive Committee of the Athens and Piraeus Bakery Workers' Union, were prosecuted for having published a trade union news bulletin without having obtained prior permission from the police.
  93. 93 In its reply on 9 June 1961 the Government stated that the allegation that it is opposed to the free exercise of the right to strike is completely baseless. " As is well known " the Government stated " the Hellenic Constitution grants civil servants the right to form trade unions but forbids them to strike. In spite of this prohibition a number of strikes by civil servants have in fact occurred, without any government action being taken against the strikers."
  94. 94 As regards the specific allegations made by the complainants, the Government declared that the five bakery workers named by the W.F.T.U were tried and sentenced in October 1959 for their anti-national Communist activities.
  95. 95 At its meeting in November 1961 the Committee recalled its practice of not examining matters which are the subject of pending judicial proceedings within the country concerned, where such proceedings might make available information of assistance to the Committee in appreciating whether or not allegations are well founded. It therefore decided to adjourn examination of the case until such time as the results of the pending proceedings were available, and recommended the Governing Body to request the Greek Government to furnish copies of the judgment given in the cases of the five persons mentioned by the complainants, together with the reasons set forth therein.
  96. 96 This request was made to the Greek Government in a letter from the Director-General dated 27 October 1961.
  97. 97 In its reply dated 13 January 1962 the Government states that the sentence passed on the persons mentioned in the complaint has been quashed on the grounds of the incorrect application of legislation, and that the persons concerned have been acquitted.
  98. 98 The Committee therefore recommends the Governing Body to decide that no useful purpose would be served by pursuing further its examination of this aspect of the case.
  99. 99 In addition to giving the additional specific information requested by the Governing Body, the Government states in its reply dated 13 January 1962 that by virtue of Act No. 4204/1961 Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that the instrument of ratification will shortly be sent to the Director-General.
  100. 100 The Committee recommends the Governing Body to take note with satisfaction of this statement by the Government.