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Allegations: Unilateral cancellation by the employer of the collective bargaining
agreement and unfair dismissal of trade union leaders
- 684. The Committee last examined this case at its October 2015 meeting,
when it presented an interim report to the Governing Body [see 376th Report, paras
705–728 approved by the Governing Body at its 325th Session (November 2015)].
- 685. The complainant submitted new allegations in a communication dated
31 May 2016.
- 686. Since there has been no reply from the Government, the Committee has
been obliged to postpone its examination of the case on two occasions. At its meeting in
May–June 2016 [see 378th Report, para. 9], the Committee issued an urgent appeal to the
Government, indicating that, in accordance with the procedural rules set out in
paragraph 17 of its 127th Report, approved by the Governing Body, it could present a
report on the substance of the case at its next meeting even if the information or
observations requested had not been received in due time. To date, the Government has
not sent any information.
- 687. Liberia 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. Previous examination of the case
A. Previous examination of the case- 688. In its previous examination of the case in October 2015, the
Committee made the following recommendations [see 376th Report, para. 728]:
- (a) The Committee regrets that, despite the time that has elapsed
since the complaint was presented in May 2014, the Government has still not replied
to the complainant’s allegations, despite having been invited on several occasions
to do so, including by means of an urgent appeal [see 375th Report, para. 8]. The
Committee urges the Government to provide its observations on the complainant’s
allegations without further delay.
- (b) The Committee
requests the Government to immediately conduct an independent inquiry into the
complainant’s allegations with regard to the unilateral cancellation of the CBA, and
the employer’s refusal to comply with the obligations established therein, and if
these allegations were proved true, to take immediate measures to ensure that the
employer abides by the commitments it has freely assumed, including deduction and
payment of union dues in accordance with article 20 of the CBA and keep it informed
of developments.
- (c) Expressing its concern at the
employer’s alleged statements with regard to the remittance of union dues that would
appear to undermine a CBA freely entered into, and at the impact that such
statements might have on the exercise of trade union rights at the RIA, the
Committee requests the Government to reply in full to these allegations.
- (d) The Committee requests the Government to conduct an immediate
inquiry into the grounds for Mr Weh and Mr Garniah’s dismissal, and should it appear
that they have been dismissed due to their trade union activities, including for
actions in conformity with the CBA, which the employer is said to have unilaterally
annulled, to ensure that they are reinstated in their positions without loss of pay
and keep it informed of developments.
- (e) The Committee
requests the Government to solicit information from the employers’ organizations
concerned, in order to have at its disposal their views as well as those of the
enterprise concerned on the questions at issue.
- (f) In
more general terms, the Committee requests the Government to take the necessary
measures as a matter of urgency to ensure full compliance with the freely concluded
collective agreement and to ensure that the RIAWU can continue to fulfil its
functions in representing the workers and defend their occupational interests
without fear of intimidation or reprisal and to keep it informed of
developments.
- (g) The Committee requests the complainant
to furnish further details on its reference to public sector workers’ leaders
wrongful dismissals during the period 2007–14, should it wish the Committee to
examine this allegation.
B. The complainants’ new allegations
B. The complainants’ new allegations- 689. In a communication dated 31 May 2016, the complainant alleges that,
since the presentation of the complaint, the union has become the target of the Ministry
of Labour. The complainant denounces ongoing action of the Ministry of Labour to deny
workers the right to join the union although they have declared to do so. The Ministry
has refused to process any documents in relation to organizing, submitted by the
complainant since May 2014, in violation of section 2.6 of the recently adopted Decent
Work Act. For instance, it has failed to respect organizing documents with attached
declaration forms containing the individual names and signatures of workers of the
Roberts International Airport and the Liberia Telecommunication Corporation.
The Committee’s conclusions
The Committee’s conclusions- 690. The Committee regrets that, despite the time that has elapsed since
the last examination of the complaint, the Government has once again not replied to the
complainant’s allegations even though it has been requested several times, including
through an urgent appeal. The Committee urges the Government to be more cooperative in
the future and reminds the Government of the possibility to avail itself of the
technical assistance of the Office.
- 691. Hence, in accordance with the applicable procedural rules [see 127th
Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the
Committee is obliged to present a report on the substance of the case without being able
to take account of the information which it had hoped to receive from the
Government.
- 692. The Committee reminds the Government that the purpose of the whole
procedure established by the International Labour Organization for the examination of
allegations of violations of freedom of association is to promote respect for this
freedom in law and in fact. The Committee remains confident that, if the procedure
protects governments from unreasonable accusations, governments, in turn, will recognize
the importance of presenting, for objective examination, detailed replies concerning
allegations made against them [see First Report, para. 31].
- 693. Under these circumstances, recalling that this case concerns
allegations of unilateral cancellation by the employer of a collective bargaining
agreement (CBA) signed between the management of the Roberts International Airport (RIA)
and the workers’ union; the anti-union dismissal of Mr Melliah PG Weh and Mr Jaycee W.
Garniah, respectively the President and the Secretary General of the Roberts
International Airport Workers Union (RIAWU); and the failure by the Government to ensure
that Conventions Nos 87 and 98 are applied in practice, the Committee finds itself
obliged to reiterate the conclusions and recommendations it made when it examined this
case at its meeting in October 2015 [see 376th Report, paras 705–728].
- 694. With regard to the alleged wrongful dismissals of public sector
workers’ leaders during the period 2007–14, noting that the complainant did not furnish
further details in this regard albeit requested to do so, the Committee will not pursue
the examination of this allegation unless the complainant provides additional
information.
- 695. Moreover, the Committee notes the new allegations of the complainant
concerning the alleged ongoing denial of the right of workers to join the POCEGSUL. It
also notes with concern that the complainant feels it is being targeted by the Ministry
of Labour for its action before the ILO. The Committee emphasizes that workers’ and
employers’ organizations should not be subject to retaliatory measures for having lodged
a complaint with the Committee on Freedom of Association. It urges the Government to
reply to these allegations without delay.
The Committee’s recommendations
The Committee’s recommendations- 696. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee regrets that, despite the time that has elapsed since the complaint was
last examined in October 2015, the Government has still not replied to the
complainant’s allegations, despite having been invited on two occasions to do so,
including by means of an urgent appeal [see 378th Report, para. 9]. The Committee
urges the Government to provide its observations on the complainant’s allegations
without further delay. It urges the Government to be more cooperative in the
future.
- (b) The Committee requests the Government to immediately conduct an
independent inquiry into the complainant’s allegations with regard to the unilateral
cancellation of the CBA, and the employer’s refusal to comply with the obligations
established therein, and if these serious allegations were proved true, to take
immediate measures to ensure that the employer abides by the commitments it has
freely assumed, including deduction and payment of union dues in accordance with
article 20 of the CBA and keep it informed of developments.
- (c) Expressing
its concern at the employer’s alleged statements with regard to the remittance of
union dues that would appear to undermine a CBA freely entered into, and at the
impact that such statements might have on the exercise of trade union rights at the
RIA, the Committee requests the Government to reply in full to these
allegations.
- (d) The Committee requests the Government to conduct an
immediate inquiry into the grounds for Mr Weh and Mr Garniah’s dismissal, and should
it appear that they have been dismissed due to their trade union activities,
including for actions in conformity with the CBA, which the employer is said to have
unilaterally annulled, to ensure that they are reinstated in their positions without
loss of pay, or, if this is not possible, to provide adequate compensation. It
requests the Government to keep it informed of developments.
- (e) The
Committee requests the Government to solicit information from the employers’
organizations concerned, in order to have at its disposal their views as well as
those of the enterprise concerned on the questions at issue.
- (f) In more
general terms, the Committee requests the Government to take the necessary measures
as a matter of urgency to ensure full compliance with the freely concluded
collective agreement and to ensure that the RIAWU can continue to fulfil its
functions in representing the workers and defend their occupational interests
without fear of intimidation or reprisal and to keep it informed of
developments.
- (g) Noting with concern that the complainant feels it is being
targeted by the Ministry of Labour for its action before the ILO, the Committee
emphasizes that workers’ and employers’ organizations should not be subject to
retaliatory measures for having lodged a complaint with the Committee on Freedom of
Association, and requests the Committee’s Chairperson to meet with a representative
of the Government of Liberia in order to express its deep concern over this
allegation and the absence of cooperation with the Committee’s procedures. It urges
the Government to reply to each of the new allegations of the complainant without
delay.
- (h) With regard to the alleged wrongful dismissals of public sector
workers’ leaders during the period 2007–14, noting that the complainant did not
furnish further details in this regard albeit requested to do so, the Committee will
not pursue the examination of this allegation unless the complainant provides
additional information.
- (i) The Committee encourages the Government to
consider availing itself of the technical assistance of the Office with a view to
addressing the Committee’s recommendations and strengthening the capacity of the
Government and the social partners.