Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 350, Juin 2008

Effect given to the recommendations of the Committee and the Governing Body

1. 126. The Committee last examined this case at its meeting in June 2007 [see 346th Report, paras 116–119]. It concerns the Royal Air Maroc (RAM) company’s refusal to recognize the Moroccan Union of Aviation Technicians (STAM), its refusal to negotiate with this trade union and acts of anti-union discrimination, in particular for going on strike. In its last recommendations, the Committee requested the Government to ensure that RAM recognizes STAM, that it negotiates in future with STAM’s representatives, who must no longer be subjected to anti-union discrimination or harassment. As regards this last point, given the extremely serious nature of the allegations and the contradictions between the information provided by the complainant organization and the Government, respectively, the Committee also requested the Government to carry out an independent, comprehensive investigation into this matter.
2. 127. In communications dated 25 September 2007 and 17 January 2008, the Government states that, according to the information gathered by the external services of the Ministry of Employment and Vocational Training, as regards the recognition of STAM by RAM, three of the most representative trade union federations see to the workers of the enterprise, and negotiations are taking place with these federations in accordance with the provisions of the Labour Code. As regards the Committee’s recommendations concerning the independent investigation to be conducted into the allegations of anti-union discrimination and harassment against the STAM representatives, the Government indicates that any employees who consider themselves victims of anti-union discrimination can take action in the criminal courts. The Government also states that most of the engineers dismissed following the dispute with the management have been compensated and recruited by other aviation companies. The Government adds that relations between labour and management within the company have now improved. Finally, it indicates that copies of the judicial decisions concerning administrative leave for the engineers who have been laid off will be sent to the Office once they have been received.
3. 128. The Committee notes this information which, however, merely reiterates the information previously supplied by the Government. With regard to the recommendation to the Government to ensure that RAM recognizes STAM and negotiates in future with the union leaders, the Committee notes with regret that no progress appears to have been made in this respect. The Committee sincerely hopes that the Government will take the necessary steps as soon as possible to ensure that RAM recognizes STAM, a legally constituted union, and in future negotiates with its representatives in the same way as with the representatives of the other representative trade union federations at the enterprise.
4. 129. As regards the allegations of anti-union discrimination and harassment against the STAM representatives, the Committee notes with regret that the Government has not conducted any comprehensive investigation as requested. Recalling that governments should recognize the importance of providing detailed replies to allegations made against them by complainant organizations, with a view to an objective examination by the Committee, the Committee requests the Government to report in detail on compensation for the engineers and their current situation in the dispute with the management. Finally, the Committee is still waiting to receive the legal decisions concerning administrative leave for the engineers who were laid off and trusts that the Government will send copies of them in the near future.