Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Electoral procedures

1. The organization of trade union elections should be exclusively a matter for the organizations concerned, in accordance with Article 3 of Convention No. 87

1. The regulation of procedures and methods for the election of trade union officials is primarily to be governed by the trade unions rules themselves. The fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of their organizations and the elections which are held therein.

1. In a system of labour relations that includes a union branch representative intended to permit unions that are not representative to establish themselves and operate in enterprises and establishments with an eye to the next occupational elections, the Committee considers that such measures may contribute to the development of collective bargaining. However, the choice of union branch representative should respect the principles of autonomy vis-à-vis the public authorities as laid down in Article 3 of Convention No. 87. Pursuant to Article 3 of Convention No. 87, the appointment and duration of the mandate of a union branch representative should be freely determined by the union concerned, in accordance with its constitution. It is for the union to decide on the person who is best equipped to represent it within the enterprise and to defend its members in their individual claims.

1. An excessively meticulous and detailed regulation of the trade union electoral process is an infringement of the right of such organizations to elect their representatives in full freedom, as established in Article 3 of Convention No. 87.

1. Legislation which minutely regulates the internal election procedures of a trade union and the composition of its executive committees, fixes the days on which meetings will take place, the precise date for the annual general assembly and the date on which the mandates of trade union officers shall expire, is incompatible with the rights afforded to trade unions by Convention No. 87.

1. A provision which gives a broad discretionary power to the minister to regulate minutely the internal election procedures of trade unions, the composition and the date of elections of their various committees, and even the way in which they should function, is incompatible with the principles of freedom of association.

1. The Committee recalled that excessively close government regulation of union elections may be regarded as a limitation of the right of trade unions to elect their own representatives freely, although in general terms, legislation governing the frequency of elections and fixing the maximum period for the terms of office of the executive bodies does not affect the principles of freedom of association.

1. It should be left to the unions themselves to set the period of terms of office.

1. The imposition by legislative means of a direct, secret and universal vote for the election of trade union leaders does not raise any problems regarding the principles of freedom of association.

1. No violation of the principles of freedom of association is involved where the legislation contains certain rules intended to promote democratic principles within trade union organizations or to ensure that the electoral procedure is conducted in a normal manner and with due respect for the rights of members in order to avoid any dispute as to the election results.

1. Provisions requiring registered organizations to elect their officers by postal vote do not appear to infringe the freedom to elect trade union leaders.

1. It should be left to the workers organizations themselves to make provision, in their constitutions or rules, as to the majority of votes required for the election of trade union leaders.

1. The number of leaders of an organization should be a matter for decision by the trade union organizations themselves.

1. The registration of the executive boards of trade union organizations should take place automatically when reported by the trade union, and should be contested only at the request of the members of the trade union in question.

1. Since the creation of works councils can constitute a preliminary step towards the setting up of independent and freely established workers organizations, all official positions in such councils should, without exception, be occupied by persons who are freely elected by the workers concerned.