Effect given to the recommendations of the committee and the Governing Body - REPORT_NO359, March 2011

CASE_NUMBER 2642 (Russian Federation) - COMPLAINT_DATE: 08-MAI-08 - Closed

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

1. 186. The Committee last examined this case, which concerns allegations of violations of trade union rights of the primary trade union organization of the Russian Trade Union of Dockers (RPD) by the management of the Murmansk Commercial Sea Port (MMTP), at its meeting in June 2010. On that occasion, the Committee once again requested the Government to provide information with regard to the measures taken: (1) to encourage the enterprise management and the RPD primary trade union to strive reaching an agreement on access to the workplaces, during and outside workings hours, without impairing the efficient functioning of the enterprise; (2) to ensure that the trade union’s occupational health and safety inspectors are granted access to the enterprise in order to exercise their rights to oversee the observance of labour, health and safety legislation, conferred on them by the Law on trade unions; (3) to facilitate finding a mutually acceptable solution on the question of premises to be granted to the RPD primary trade union; and (4) to ensure that the port management provides the RPD primary trade union with all information on social and labour issues affecting its members. Finally, the Committee once again requested the Government to indicate whether the check-off facility was restored at the port and to provide information on the outcome of a lawsuit filed by the RPD primary trade union in August 2006 before the district court regarding the withdrawal of the check-off facility [see 357th Report, paras 85–88].
2. 187. In its communication dated 17 September 2010, the Government states that the Ministry of Health and Social Development has held consultations with the management of the port and the chairperson of the RPD primary trade union Mr Klyuev. With regard to the access to the workplace, the Government reiterates that, in accordance with the security regulations of the Ministry of Transport of the Russian Federation approved by Government Decree No. 743 of 11 October 2001, the port access is conditional upon obtaining a permit. The Government indicates that Mr Klyuev is currently working as a machine operator at the port and has therefore unrestricted access to the territory of the port during and outside workings hours. The Government also indicates that the trade union’s occupational health and safety inspectors are granted access to the enterprise. Finally, the Government indicates that, according to the information provided by the port management, no requests have been received for access to be granted to other trade union representatives.
3. 188. With regard to the issue of trade union premises, the Government reiterates that, in accordance with the 10 July 2006 ruling of the Leninsky District Court of Murmansk and the requirements of the legislation, premises have been provided by the employer to the RPD primary trade union at the Moryak Hotel building, room 919, but that this offer has been rejected by the representatives of the union. The Government states that the premises complied with the provisions of collective agreement, i.e. they had heating, telephone and electricity services. The Government also indicates that according to the port management, no other request for premises has been received from the RPD primary trade union.
4. 189. With regard to the issue of withdrawal of the check-off facility, the Government reiterates the information it has previously provided on the procedure for deduction and transfer of trade union dues and indicates that the issue of deduction of trade union dues has been dealt with by the union. The Government further indicates that within the last two years, no allegations of infringement of the rights of the RPD primary trade union have been made and no requests for transfer of trade union dues have been received from workers of the port.
5. 190. The Committee notes the information provided by the Government. It notes, in particular, the Government’s indication that it has held consultations with the management of the enterprise and the union. The Committee further notes that according to the information provided by the Government, the RPD primary trade union, as well as its occupational health and safety inspectors have unrestricted access to the workplace and that no requests to provide access to the workplace to other trade union representatives have been made.
6. 191. With regard to the issue of trade union premises, the Committee notes that the Government reiterates the information it had previously provided, i.e. that the premises offered (a hotel room) were not accepted by the union. It also notes the Government’s indication that the RPD primary trade union has not made any request for other premises. Likewise, with regard to the issue of withdrawal of the check-off facility, the Committee notes that, according to the Government, within the last two years, no allegations of infringement of the rights of the RPD primary trade union in the enterprise have been made and no requests for transfer of trade union dues have been received from members of the union. In these circumstances, the Committee will not pursue the examination of these matters, unless the complainant organization raises further allegations with regard to the issue of premises and the check-off facility.
7. 192. The Committee notes with regret that the Government provides no information with regard to the measures taken in order to ensure that the port management provides the RPD primary trade union with all information on social and labour issues affecting its members. The Committee recalls that the Workers’ Representatives Recommendation, 1971 (No. 143), provides that the management should make available to workers’ representatives such material facilities and information as may be necessary for the exercise of their functions. Noting that this principle has been translated into the national legislation, the Committee trusts that the Government will ensure its effective application by the management of the port.