Informe definitivo - Informe núm. 208, Junio 1981

1. 140. The complaint of the Panhellenic Union of Merchant Marine Engineers (PEMEN) is contained in communications dated 8 October and 7 November 1980. The Government sent its comments in a letter dated 27 March 1981.
2. 141. 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. Allegations of the complainant

1. 142. The complainant, the PEMEN, which states that it represents 14,000 members, explains that it has lodged an appeal before the Council of State against the decisions of the minister of the Merchant Marine ratifying collective agreements concerning conditions of work on commercial vessels during the period 1979-80, and against the decision of the Council of Ministers authorising the Minister of the Merchant Marine to extend the application of these agreements.
2. 143. The PEMEN states that the collective agreements were signed between the Union of Greek Shipowners (EEE) and the Association of Shipowners of Mediterranean cargo vessels, on the one hand, and the trade unions representing seafarers of various specialities grouped within the Panhellenic Maritime Federation (PNO), on the other hand, covering the rate of salaries, the terms of work, the sickness, salary and rest allowances for seafarers working on commercial vessels of 4,500 dwt, and Mediterranean cargo ships. The PEMEN states that it did not sign these agreements because it did not agree with their contents. It also points out that the Panhellenic Diesel Engineers' Union (PEMEKEN) which, according to the PEMEN, only has 100 members and only joined the PNO well after the PEMEN did, participated in the negotiation of the collective agreement concerning amendments to the basic wage of engineers working on cargo vessels in the Mediterranean.
3. 144. The PEMEN explains that it had, in vain, invited the various shipowners' associations to take part in a settlement of their differences but that, in the absence of any result, the trade union executive was forced, on 29 May 1980, to declare a 48-hour strike warning for the cargo ships running into a port or in port for the period of 1 to 31 July 1980. The strike warning was notified to the Ministry of the Merchant Marine and to various employers' unions, in accordance with section 26 of Act No. 330/76. However, the Ministry allegedly retaliated by adopting Decisions Nos. 70.114/3643 and 70.114/3722 of 18 and 21 June 1980 ratifying the collective agreements, as amended. These decisions were published in the official Journal on 3 and 12 July 1980.
4. 145. The complainant explains that, in fact, on the very eve of the strike, that is, 30 June 1980, the Ministry of the Merchant Marine was authorised by the Council of Ministers to extend to the PEMEN's members (who had not signed them) the collective agreements in question. The complainant attaches copies of the various ministerial decisions and the decision of the Council of Ministers and states that this latter decision was adopted with a view to making the union executive's 48-hour strike warning look irrational and also to forcing the union to call off this action. In addition, the Council of Ministers asked the Ministry of the Merchant Marine to fix the amount of overtime to be paid to PEMEN's members which, according to the complainant, has not been done.
5. 146. Finally, the PEMEN complains of violation of the legal provisions concerning publication of ministerial decisions, violation of the basic principles of collective agreements, lack of preamble and of reasoning in the ministerial decisions and in the Council of Minister's decision and excess of power.

B. The Government's reply

1. 147. In its communication of 27 March 1981, the Government confirms that the PEMEN has lodged an appeal to annul the abovementioned ministerial decisions before the Council of State which has not as yet handed down its decision.
2. 148. It explains that by virtue of Act No. 3276 of 1944 on collective agreements in the maritime sector, the agreements were arrived at between the most representative employers' and workers' organisations following free negotiations and were confirmed by decision of the Minister of the Merchant Marine. The collective agreements confirmed by the Minister are therefore compulsory for all seafarers who belong to one of these categories and the Government adds that the PEMEN and the PEMEKEN (against which the complainant complains of having bargained without being representative) are affiliated to the PNO. This latter organisation, according to its Constitution, shall engage in questions of general interest (for example, the rate of salary increases), while its affiliated organisations shall be involved in specific questions of interest to the branch of activity concerned of the workers which they cover (for example, the payment of overtime of engineers). The Government states that the ministry of the Merchant Marine does not recognise the PEMEKEN as the most representative trade union of engineers, but does allow it the right to conclude collective agreements concerning its own members, as it does for the PEMEN concerning this union's own members.
3. 149. The Government also points out that if as regards a specific question the PEMEN does not conclude a collective agreement, the Minister of the Merchant Marine is authorised by section 2 of Act No. 304 of 1947 to make a determination, after approval by the Council of Ministers, on the questions at issue through collective agreements. Moreover, under article 23 of the Greek Constitution, the competent authorities (in the present case, the Minister of the Merchant Marine) must take the appropriate measures to ensure freedom of association and the free exercise of the rights associated with it. Finally, the Government states that every occupational association is independent and enjoys the protection of the State in the carrying out of its occupational objectives against any interference by another association or by a moral or physical person which does not belong to it, in accordance with section 5 of Act no. 330 of 1976.

C. The Committee's conclusions

1. 150. The Committee notes that the question raised concerns problems identical to those which it has already examined in Case No. 947 relating to a complaint against Greece presented by the same complainant organisation and in which it reached definitive conclusions.,
2. 151. The Committee observes that, in fact, the amended collective agreements concerning conditions of work in the merchant marine have been extended by ministerial decision to the members of the PEMEN, an organisation which did not sign them. Nevertheless, it notes that the PEMEN is affiliated to the PNO which, according to the Government, negotiates questions of general interest, whereas the PEMEN is responsible for negotiating specific questions of interest to its branch of activity. As the PEMEN had not concluded a collective agreement, the law authorises the Minister, with the approval of the Council of ministers, to make a determination on the questions at issue through collective agreements. In accordance with this procedure, the Minister took the decision to extend the scope.
3. 152. During the examination of Case No. 947, the Committee stated that the endorsement by the Ministry of the Merchant marine - and the consequent extension - of a collective agreement signed by the PNO and the EEE does not appear to constitute an infringement of the principles of collective bargaining. The same applies to the ratification of amendments to collective agreements made in the same fashion. Nevertheless, as the Committee has previously pointed out, in so far as the PEMEN appears to represent the majority of engineers in the merchant marine, it would be desirable for this organisation to be represented in any negotiations concerning problems specific to this category of personnel which it represents.