Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 208, Junio 1981

1. 204. In communications dated 6 November and 19 December 1980 respectively, the World Federation of Trade Unions (WFTU) presented complaints alleging the violation of trade union rights in Greece. It furnished additional information on 9 April 1981 in support of its complaint. The Government communicated its comments in a letter dated 2 April 1981.
2. 205. Greece has ratified both 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. Allegations of the complainant

1. 206. In its communications of 6 November and 19 December 1980, the WFTU states that after the workers of the Public Electricity Company were called out on strike by their trade union federation (GENOP) at the end of October and the beginning of November 1980, both the President and Secretary-General of this federation, Tassos Amaleos and Constantine Maniatis were sentenced to five months' imprisonment and fined 100,000 drachmas each. The complainant organisation alleges that the electricity company dismissed 200 of the strikers and took disciplinary action against the workers. Ninety trade unionists were allegedly summoned to appear in court for having decided to go on strike.
2. 207. In its last communication, the WFTU points out that the two trade union leaders who were sentenced to five months' imprisonment and a heavy fine subsequently lodged an appeal, which was upheld by the court on 19 March 1981. However, the WFTU adds that the workers who were dismissed as a result of the November strike have not been reinstated in their work and alleges that other court cases are under way against GENOP officials.

B. Reply of the Government

1. 208. The Government replied to the complaint in a letter dated 2 April 1981. As regards the sentence passed by the Court of the first instance of Athens on 29 October 1980, the Government points out that the strike which was set in motion by GENOP on 23 and 24 October 1980 was contrary to the legal procedure set forth in sections 34 (subsection 2), 36 and 37 (subsections 1 and 2) of Act No. 330 of 1976 on occupational associations and unions and the protection of freedom of association. However, the County court of Athens, composed of three members, subsequently discharged the two trade unionists in an appeal upheld on 19 March 1981.
2. 209. The Government transmits the comments made by the Public Electricity Company on the other allegations. The management of the company confirms that proceedings were instituted ex officio against the union leaders as soon as the company had informed the public, prosecutor of the strike which had been called by the occupational associations. The Government states that 102 workers holding fixed term contracts, and not 200 as the WFTU erroneously alleges, were dismissed in accordance with the relevant statutory provisions and; the company's staff regulations. The Government explains that the dismissed workers remained on strike after the criminal and civil courts had declared the strike action illegal and had failed to fulfil their basic occupational responsibilities. The attitude of these workers forced the management of the company to undertake the disciplinary measures in question. Some of the workers were brought before the Disciplinary council for having taken part in an illegal strike.
3. 210. The Government concludes by denying that there has been a violation of freedom of association in the present case. It maintains that trade union activity in the Public Electricity Company has not been obstructed since the trade union organisations are given all the necessary facilities to carry out their activities. It quotes as an example the periods of authorised leave of absence which are granted to members of the governing councils of the 85 trade union organisations which represent its workers to allow them to carry out their trade union activities.

C. Conclusions of the Committee

1. 211. Two of the complaints referred to in the present case before the Committee concern sentences passed on two GENOP officials following a strike which took place in the Public Electricity Company. The other complaints refer to the dismissal of a considerable number of workers who had taken part in this strike. The sentences and dismissals in question were based upon a failure to observe the procedure set forth in Act No. 330/76 respecting the declaration of strikes in undertakings of public interest and in the staff regulations of this public undertaking. The two trade union officials who were taken to court were sentenced to two years' imprisonment without remission, although the accused were subsequently acquitted on appeal.
2. 212. The Committee has already examined the provisions of Act No. 330/76 upon which the measures referred to in the allegations of the complainants are based. As regards sections 32 ff of this Act, which regulate the right to strike and make it subject to certain conditions, the Committee was of the opinion that these restrictions were no greater than those which it had considered acceptable in other cases.
3. 213. In the present case, the Committee notes with interest that the two trade union leaders sentenced to imprisonment without remission by the Court of the first instance were subsequently acquitted on appeal. However, as regards the dismissal of 102 strikers, the Committee believes it important to point out that harmonious labour relations can only be developed if there is a peaceful social climate. It therefore believes it necessary to suggest to the Government that steps be taken, in the light of the above-mentioned points, with a view to re-examining the situation of the dismissed workers.