Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers to establish and join organizations of their own choosing5

Union security clauses

1. A distinction should be made between union security clauses allowed by law and those imposed by law, only the latter of which appear to result in a trade union monopoly system contrary to the principles of freedom of association.

1. The admissibility of union security clauses under collective agreements was left to the discretion of ratifying States, as evidenced by the preparatory work for Convention No. 98.

1. In addressing the issue of union security clauses, the Committee has referred to the debates that took place during the International Labour Conference, when the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) was adopted. On that occasion, the Committee on International Relations of the Conference, taking into consideration the debate which it had held on the issue of union security clauses, finally agreed to recognize that the Convention should in no way be interpreted as authorizing or prohibiting union security arrangements, such matters being matters for regulation in accordance with national practice.

1. Problems related to union security clauses should be resolved at the national level, in conformity with national practice and the industrial relations system in each country. In other words, both situations where union security clauses are authorized and those where they are prohibited can be considered to be in conformity with ILO principles and standards on freedom of association.

1. Union security clauses should be agreed freely.

1. In certain cases where the deduction of union contributions and other forms of union protection were instituted, not in virtue of the legislation in force, but as a result of collective agreements or established practice existing between both parties, the Committee has declined to examine the allegations made, basing its reasoning on the statement of the Committee on Industrial Relations appointed by the International Labour Conference in 1949, according to which Convention No. 87 can in no way be interpreted as authorizing or prohibiting union security arrangements, such questions being matters for regulation in accordance with national practice. According to this statement, those countries and more particularly those countries having trade union pluralism would in no way be bound under the provisions of the Convention to permit union security clauses either by law or as a matter of custom, while other countries which allow such clauses would not be placed in the position of being unable to ratify the Convention.

1. Basing its reasoning on the declarations contained in the 1949 Report of the Committee on Industrial Relations of the International Labour Conference, the Committee considers that legislation which provides that no one shall be compelled to join or not to join a trade union does not in itself infringe Conventions Nos. 87 and 98.

1. Where union security arrangements exist requiring membership of a given organization as a condition of employment, there might be discrimination if unreasonable conditions were to be imposed upon persons seeking such membership.

1. In a case where the law authorized the trade union to set unilaterally and to receive from non-members the amount of the special contribution set for members, as a token of solidarity and in recognition of the benefits obtained from a collective agreement, the Committee concluded that to bring this in line with the principles of freedom of association, the law should establish the possibility for both parties acting together - and not the trade union unilaterally - to agree in collective agreements to the possibility of collecting such a contribution from non-members for the benefits that they may enjoy.