Informe definitivo - Informe núm. 197, Noviembre 1979

1. 227. By communications dated 30 January, 2 February and 1 May 1979, respectively, the World Confederation of Labour (WCL), the General Federation of Electricity Workers (GENOP-DEH) and the Workers' and Employees' Centre of Khaniá, presented complaints of violation of trade union rights in Greece. WCL supplied additional information in support of its complaint in a letter of 7 March 1979. The Government sent its observations in a communication which was received by the ILO on 28 June 1979 and in a letter dated 11 October 1979.
2. 228. Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 229. The complaints of WCL and the General Federation of Electricity Workers relate to the arrest of two officials of the latter organisation following a strike by electricity workers.
2. 230. In its two communications WCL states that the Greek Government has adopted austerity measures to freeze wages. In this context the workers of the public electricity company of Greece (SPE) (a state-owned undertaking, but with the status of a private company) asked the management for the right to enjoy the advantages provided for under collective agreements. As the management did not accept this demand, the workers appealed to the courts, which considered that the advantages provided for under collective agreement should be granted to the workers of SPE. After a further unsuccessful approach to the management, the workers went on strike in December 1978. Subsequently, the leaders of the Technicians Trade Union accepted the proposal of the general management to resume work during the Christmas and New Year holiday. In return, the employers gave the assurance that the advantages provided for under collective agreements would be granted to the workers.
3. 231. Early in 1979, continues WCL, the General Federation of Electricity Workers asked the SPE to resume negotiations. But the management once again refused to negotiate with the workers representative. In accordance with Act No. 330/76 respecting occupational associations and federations and the protection of freedom of association the Federation gave notice of its intention to call a strike for 23 January 1979. However, on the eve of the expiry of the notice, the Public Prosecutor of Athens declared the strike to be illegal on the grounds that the Federation and the management had not appealed to the Administrative Arbitration Tribunal to lay down the number of essential staff required to safeguard the undertaking and meet the vital requirements of the population, as laid down in section 37, subsection 3, of Act No. 330/76. The management had set the number of the essential staff at 4,100, and the Federation had stated that its 15,000 members were available for all work in the public interest, which, according to WCL, had in fact been carried out during the strike.
4. 232. The strike was called on 23 January 1979, but all the workers presented themselves for work and received their orders, not from their superiors but from the strike Committees. On the following day the police arrested Anastasios Amallos, President of the General Federation of Electricity Workers, and Kostas Maniatis, General Secretary of the Federation, in front of their homes. After being held for 30 hours they were judged and sentenced to 40 days' imprisonment. Following appeals by their lawyers, they were released and resumed leadership of the strike.
5. 233. The appeal proceedings took place on 19 February 1979. The five directors-general who were called as witnesses for the prosecution challenged the decisions taken by the strike Committees as infringing the prerogative of management. The General Secretary of WCL was called as a witness for the defence. According to the complainant organisation, the behaviour of the police, both inside and outside the court, was remarkable for its brutality. Furthermore, WCL states that the two accused were denied the right of defence. They were finally given a deferred sentence of 30 days' imprisonment. WCL adds that, as a result of their sentence, Anastasios Amallos and Lostas Maniatis were dismissed and excluded from trade union activities.
6. 234. WCL also states that the strike continued throughout Greece and that strikers were charged with offences in most parts of the country. Proceedings were to be held against seven of them in Zakynthos, four in Kalamasta, eight in Megalapoli, and four in Arta, and 19 officials of the General Federation of Electricity Workers, including the President and the General Secretary, had already been sentenced.
7. 235. The complaint of the General Federation of Electricity Workers refers to the same events of that of WCL, but adds that the Federation had acted in full conformity with the letter and the spirit of Act No. 330/76 during the strike.
8. 236. In its communication of 1 May 1979, the Workers' and Employees' Centre of Khaniá (Crete) alleges that its Vice-President, P. Christinakis, an employee in the Greek telecommunications services, is being persecuted by the authorities. According to the complainant organisation, this trade union official has been transferred to Athens and has thus been prevented from exercising his trade union office in Khaniá.
9. 237. In its first communication the Government remarks that according to legal procedure, Act No. 330/76 authorises the calling of a strike by workers in the service of the State and public legal entities, and by persons employed in public utilities or services of vital importance to the needs of the population.
10. 238. The Government nevertheless observes that section 37, subsection 2, of Act No. 330/76 provides that, where a strike is called by these categories of workers, the occupational association is required to supply the necessary staff to safeguard the employers' installations, prevent any damage or accidents and ensure the proper operation of the services provided by the State or by public corporations, utilities or services to meet any special or vital requirements of the population. Furthermore, subsection 3 of this section provides that "where there is any difference of opinion as to the number or skills of the essential staff required, the question shall be finally settled by decision of the President of the Administrative Tribunal of First Instance, which shall be taken within three days following an application to that effect by the occupational association concerned".
11. 239. In the present case Messrs. Amallos and Maniatis, President and General Secretary of the General Federation of Electricity Workers respectively, called a strike but did not, according to the Government, supply the necessary safety personnel, nor did they request that any differences of opinion with the management should be finally settled by the courts. Furthermore, continues the Government, these trade union officials recommended that safety personnel appointed to provide services during the strike receive orders and instructions from the special local strike Committees and not from the competent organs of the undertaking. In this respect the Government recalls that the Legal Counsel of State had rendered a decision to the effect that the safety personnel available during a strike should, in performing their duties, obey the instructions and orders given by their employer and not those of the trade union organisation.
12. 240. The Government confirms that Messrs. Amallos and Maniatis were prosecuted by the competent Public Prosecutor for contravening Act No. 330/76 and were sentenced, by Judgement No. 9024 of 1979, pronounced by the Athens police court, consisting of a magistrate, to 40 days' imprisonment each. Following their appeal, the Athens police court, consisting of three members, sentenced them to 30 days' deferred imprisonment.
13. 241. In its communication of 11 October 1979, the Government refers to the allegations concerning the transfer of the Vice-President of the Workers' and Employees' Centre of Khaniá, Mr. P. Christinakis. It states that in June 1977 he had been named chief of the group of services of the Greek Telecommunications Body, but his management had given rise to disturbances within the personnel administration of the service. Therefore the Telecommunications Administration had ordered two investigations, in December 1977 and February 1978.
14. 242. The result of these investigations was a proposal to transfer Mr. Christinakis and two other technicians to Athens; the decision to transfer was adopted on 1 June 1978. The Government states that staff transfers require studies which take some time and that in the present case these had been started before the appointment of Mr. Christinakis to his trade union office. According to the Government, this means therefore that the decision to transfer could not be linked to his trade union activities.
15. 243. Two of the complaints before the Committee in the present case refer to sentences pronounced on two leaders of the General Federation of Electricity Workers on the occasion of a strike in the National Electricity Company. These sentences were pronounced on the grounds of failure to respect the procedure provided for by Act No. 330/76 as regards the calling of strikes in public service corporations, including undertakings producing and distributing electric power. More specifically, the trade union leaders concerned were accused with having failed to provide for the necessary safety service - a fact which the complainants deny - and not referring the difference of opinion on this point with the employer to the competent court. The Committee notes that the subsequent legal proceedings resulted in penalties of imprisonment, but that following an appeal the latter were commuted and deferred.

B. B. The Committee's conclusions

1. 244. The Committee recalls that it has already examined the provisions of Act No. 330/76 on which the measures to which the allegations of the complainants refer are based. In connection with section 32 and following, of this Act, which make the right to strike subject to certain conditions, the Committee considered that these restrictions were no greater than those which it had considered acceptable in other cases. In the present case, however, the Committee feels obliged to stress, as it has done in other cases, that the development of labour relations could be impaired as a result of an inflexible attitude being adopted in the application of severe sanctions to workers who participate in strike action.
2. 245. Regarding the complaint concerning the transfer of Mr. Christinakis, the Committee notes that the investigations which led to this action had commenced before he was appointed to trade union office. Therefore the decision taken does not appear to be linked to his trade union activities. The Committee is consequently of the opinion that this aspect of the case does not call for further examination.